oc / ^iSOJiivjio^ ^.»ojnv3jo=^ >- •JVU3KVS01^ ^lOSANCEl^r^ ^.OFCAIIFO%, ^OFCA1IFO% '^'^^AHVHJliii^*^ -j^^EUBRARYOc. #-UBRARYQ<. o "^OJnVDJO"^ %0dnV3J0^ ^ ~75''JS ai*^ I ^ ^4 ^^0JllVJ-jO>' .5.WFUNIVERJ"/A. o ?3 '^J'iiaoift 9 «t^: %a3AJNa-3\\v ^-tfOilTVDJO^^ tiAiivaaiv^ .^MEUNIVERS/A ^lOSANCEl^^ v/iiGAiNaaVkv ^OFCAUFOff^ % ^- ^lOSANCEia;. ^l-UBRARY^/- ^•SIOJIIVDJO^ <^U0NVSO^^ %aaAiNn-3V^^ ^.aOdllVDJO'^ i CONSOLIDATED SUPPLEMENT TO THE CODES AND GENERAL LAWS OE 1909 SHOWING THE CHANGES AFFECTING THE CODES AND THE GENERAL LAWS FOR THE YEARS 1911 AND 1913 TOGETHER WITH THE CITATIONS CONTAINED IN VOLUMES 154 TO 164 OF THE CALIFORNIA SUPREME COURT REPORTS AND IN VOLUMES 8 TO 19 OF THE CALIFORNIA APPELLATE REPORTS BY JAMES H. DEERING SAN FRANCISCO BANCROFT- WHITNEY COMPANY 1913 C^H|03Yl Copyright, 1913 I { A X < !{ () IT- W MI T N K V COM PA XY San Francisco The Fii.mfr Br(itmfrs F-lfctrotype Company Typographers and Stereotypees TUB CODE OF CIVIL PEOCEDIiEE OF THE STATE OF CALIFORNIA. 'AMENDMENTS OF 1911 AND 1913. § 2. citations. App. 8/164. § 4. Citations. Cal. 157/794; 159/276; 160/386; 164/229. § 8. CiUtlons. App. 19/5G5. Holidays. § 10. Holidays within thp meaning of this code, are every Sunday, the first day of January, twelfth day of February, to be known as Lin- coln day, twenty-second day of February, thirtieth day of May, fourth of July, ninth day of September, first Monday in September, twelfth day of October, to be known as "Columbus day," twenty-fifth day of Decem- ber, every day on which an election is held throughout the state, and every day appointed by the President of the United States or by the governor of this state for a public fast, thanksgiving or holiday. If the first day of January, twelfth day of February, twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holiday. Every Saturday from twelve o'clock noon until twelve o'clock mid- night is a holiday as regards the transaction of business in the public offices of this state, and also in political divisions thereof where laws, ordinances or charters provide that public oiBces shall be closed on holi- days; provided, this shall not be construed to prevent or invalidate the issuance, filing, service, execution or recording of any legal process or written instrument whatever on such Saturday afternoons; and provided further, that the public schools of this state shall close on Saturday, Sun- day, the first day of January, the thirtieth day of May, the fourth day of July, the twenty-fifth day of December and on every day appointed by the President of the United States or the governor of this state for a 1 (1) i§ 12-G7 CODE OF CIVIL PROCEDl'HE. public fast, thanksgh-ing or holi be in attendance at their rcsj>ective offices for the dispatch of ' ■ isiness daily from 9 o'clock A. M. until 5 V. M. [New section approved March 23, 1911; Stats. 1911. p. 412.] Sp« note after | 102b Process, return of. Appearance. § 100. The original [toicss in actions or proceedings begun in said justices' court shall be returnable anil the parties summoned required tu appear before said court. ( .Vniendment approved June 16, 1913; Stats. 1913, p. 1326. In effect August 10, 1913.] This crrtion was added to the cod* March 23, 1011. 8uia. 1011. p. 442. Justices' clerks. § 101. S:tine deputy clerk who shall hold office at the pleasure of the just t ing him and perform such duties as shall be required by ^ . oe 5 CODE OP CIVIL PROCEDURE. §§ 102-102b or justicps' clerk. Said justices' clerk, said assistant justices' clerk and said deputy clerks shall be authorized to administer oaths and take and certify afliiie justice of the jieace must l>e elected in the manner herein provided for each of said courts. In every city or town of the first and one half class there must be five justices of the peace, and in every city or town of the second class there must be two justices of the peace, and in every city or town of the second and one- half class there must be one justue of the peace, and in every city or town of the third and fourth clashes there must be one justice of the peace, to be elected iu like manner by the electors of such cities or towns respectively; and such justices of the peace of cities or towns shall have the same jurisdiction, civil nnd criminal, as justices of the peace of town- ships and township justices' courts. Haid justices of the peace of cities and justices' courts of cities shall also have jurisdiction of all proceed- ing's for the violation of any ordinance of any citv in which courts are established, both civil and criminal, and of all actions for the collection of any license required by any ordinance of any such city or town, and generally exercise all powers, duties and jurisdiction civil and criminal, of police judges, judges of police courts, recorder's court or mayor's court, within such city. No person is eligible to the office of justice of tiie peace in any city or town of the first, first and one-half, second, second and one-half or third class, who has not been admitted to prac- tice law in a court of record; and no justice of the peace is permitted to practice law before another justice of the peace in the city, town or county in which he resides, or to have a partner engaged in the prpctic* of law in any justice's court in such city, town or county. Every city justice of the peace in any city or town of the first and onehnlf class shall receive a salary of three thousand dollars per annum, and every city justice of the jieace in any city or town of the second class shall receive a salary of three thousand six hundred dollars per annum, and 7 CODE OF CJVIL PROCEDUBE. § lOSVg every city jxistice of the peace in any city or town of the second and one-half class shall receive a salary of three thousand dollars per annum, and every city justice of the peace in any city or town of the third class shall receive a salary of two thousand dollars per annum, and every city justice of the peace in any city or town of the fourth class shall receive a salary of one thousand five hundred dollars per annum; and each jus- tice of the peace shall be provided by the city or town authorities with a suitable otKce in which to hold his court. Where the compensation of the justice of the peace of any city or town is by salary it shall be paid by warrants drawn each month upon the salary fund, or if there be no salary fund, then upon the general fund of such city or town; such war- rants to be audited and ])aid as salaries of any other city officials. All fees which are chargeable by law for services rendered by such city justice of the peace in cities or towns aforesaid shall be by them respec- tively collected, and on the first Monday of each month every such city or town justice shall make a report, under oath, to the city or town treasurer, of the amount of fees so by him collected, and pay the amount so collected into the city or town treasury, to the credit of the general fund thereof. Said salaries shall- be the sole compensation of the said city justice. [Amendment approved April 29, 1911; Stats. 1911, p. 1215.] ClUtions. Cal. 162/614, 617, 619, 620. App. 16/424. Clerk to justice's court In cities of second and one-half and third classes, duties, etc. § lOSVz- Every city justice's court in any city or town of the sec- ond and one-half class and the third class shall have a clerk, who shall be appointed by the justice of the peace of said court, subject to the approval of the board of supervisors of the county, and shall hold office during the pleasure of said justice. Said clerk shall give a bond in the 6um of five thousand dollars, with at least two sureties to be ap- proved by the mayor, conditioned for the faithful discharge of the duties of his office. He shall keep a record of the proceedings of said court and issue all process ordered by the justices of said court, and receive and pay into the city treasury all fines, forfeitures and fees paid iiito said court. He shall render each month to the city council an exact account under oath of all fines, forfeitures and fees paid and collected. He shall prepare bonds, justify bail, when the amount has been fixed by the court or justice, and may administer and certify oaths and shall remain in the courtrooms of said court during court hours and during such reasonable times thereafter as may be necessarj- for the proper performance of his dutj'. He shall have custody of all records and papers of said justice's court. Every clerk of the justice's court in any city or town of the second and one-half class shall receive an annual salary of one thousand six hundred dollars, and every clerk of the jus- tice's court in any city or town of the third class shall receive an annual salary of one thousand two hundred dollars; said salaries shall respectively be payable in equal monthly installments out of the treas- §§ 112-182 CODE OF CIVIL PROCEDURE. 8 iiry of said cities and said salaries shall be the full compensation for all services rendered by the clerks of said courts. [Amendment ap- proved April 23, 1913; Stats. 1913, p. 68. In effect August 10, 1913.] j Also amended April 29, 1911 (Stats. 1911, p. 1214). § 112. Citations. Cal. 159/31; 163/112; (subd. 5) 162/283. § 128. Citations. Cal. (suhd. 8) 157/647. App. (subd. 5) 14/437, 438. Rules of courts of record. § 129. Every court of record may make rules not inconsistent with the laws of this state, for its own government and the government of its officers; but such rules shall neither impose any tax, charge or penalty upon any legal proceeding, or for filing any pleading allowed by law, nor give any allowance to any officer for services. [Amendment approved April 25, 1913; Stats. 1913, p. 90. In effect August 10, 1913.] Citations. App. 18/465. Rules of supreme court. § 130. Rules adopted by the supreme court shall take effect sixty days, and rules adopted by superior courts, thirty days after their pub- lication. When adopted they shall be spread upon the record of the court, printed and filed in the office of the clerk of the court. [Amend- ment approved April 25, 1913; Stats, 1913, p. 90. In effect August 10, 1913.] § 134. Citations. App. 10/458, 459. § 135. Citations. App. 10/459, 725. § 144. Citations. App. 8/56, 57. § 160. Citations. App. 17/663. § 170. Citations. Cal. 158/607, 608; 159/545, 547; 160/119; (subd. 2) 158/68; (subd. 3) 160/393; (subd. 4) 159/547. App. 9/524; 17/662, 663. § 171. Citations. App. 11/441. § 182. Citetions. Add. 8/775; 11/503. CODE OF CIVIL PROCEDURE. §§ 186-274 § 186. Citations. Cal. 155/805. S 187. Citations. Cal. 157/415; App. 14/679; 17/275; 18/743; 19/550. § 198. Citations. Cal. (subd. 2) 159/527; (subd. 3) 159/11. App. 8/199; 17/142- 148. § 199. Citations. Cal. (subd. 3) 155/170. App. 17/145, 147; (subd. 3) 17/738. § 200. Citations. App. (subd. 13) 17/738. § 206. Citations. App. 14/448. § 225. Citations. App. 9/547. § 226. Citations. Cal. 155/542, 545. App. 9/547, 548. § 227. Citations. Cal. 155/556. § 248. Citations. App. 13/657. § 265. Citations. Cal. 157/423. § 269. Cltotions. Cal. 157/766; 163/464. App. 12/92. S 270. Citations. Cal. 157/766; 163/464, 465. § 271. Citations. Cal. 157/766; 163/464, 465. § 273. Citations. App. 15/468. § 274. Citations. Cal. 156/431, 432. App. 9/44G; 18/443. §§274a-286 CODE OF CIVIL PROCEDURE. lOr Matter to be taken down in shorthand. By ofacial reporter or other stenographer. § 274a. Judges of the superior court may have any opinion given or rendered by such judge in the trial of any action or proceeding, pending in such court, or any instructions to be given by such court to the jury, or any necessary order, petition, citation, commitment or judgment in any insanity proceeding, probate proceeding, proceeding concerning new or additional bonds of county officials, or juvenile court proceeding, taken down in shorthand and transcribed by the official reporter of such court; but if there be no official reporter for such court, then by any competent stenographer or typewriter, the cost thereof to be a legal charge against the county, payable out of the general fund in the county treasury in the same manner as any other claims against the county, when properly ap]iroved by the said judge so ordering the same. [Amendment approved March 25, "1911; Stats. 1911, p. 499.] § 275. Citations. App. 11/230 S 278. Citations. App. 12/349 Aclm^!ssion on diplomas from certain universities. § 280b. Any person producing a diploma of graduation from the col- lege of law of the University of Southern California, or evidence of having satisfactorily completed the three years' course of law study pre- scribed by the department of law of Leland Stanford Junior University or the department of jurisprudence of the University of California, or the institute of law of the University of Santa Clara shall be entitled to a license to practice law in all the courts of this state;, subject to the right of the chief justice of the supreme court of the state to order an examination, as in ordinary cases of applicants without such diploma or other evidence. [Amendment approved May 12, 1913; Stats. 1913, p. 88. In effect August 10, 1913.] § 282. Citations. Cal. 157/423; 160/405. App. 12/349; (subd. 6) 11/121. § 283. Citations. Cal. 159/726. App. 8/402; 12/729, 730; 15/619. § 284. Citations. App. 9/199. § 285. Citations. App. 9/199. § 286. Citations. App. 13/116. 11 CODE OF CIVIL PROCEDURE. §§ 287-292 Causes for which court may remove attorney. § 287. An attorney and counselor may be removed or suspended by the supreme court, or any department thereof, or by any district court of appeal, or by any superior court of the state, for either of the follow- ing causes, arising after his admission to practice: 1. His conviction of a felony or misdemeanor involving moral turpi- tude, in which case the record of conviction shall be conclusive evidence; 2. Willful disobedience or violation of an order of the court requiring him to do or forbear an act connected with, or in the course of his profession, which he ought in good faith to do or forbear, and any viola- tion of the oath taken by him, or of his duties as such attorney and counselor; 3. Corruptly or willfully and without authority appearing as attorney for a party to an action or proceeding: 4. Lending his name to be used as attorney and counselor by another person who is not an attorney and counselor; 5. For the commission of any act involving moral turpitude, dishonesty or corruption, whether the same be committed in the course of his rela- tions as an attorney or counselor at law, or otherwise, and whether the same shall constitute a felony or misdemeanor or not; and in the event that such act shall constitute a felony or misdemeanor, conviction thereof in a criminal proceeding shall not be a condition precedent to disbarment or suspension from practice therefor. In all cases where an attorney is removed or suspended by a superior court, the judgment or order of revioval or suspension may be reviewed on appeal by the supreme court. [Amendment approved April 10, 1911; Stats. 1911, p. 848.] Citations. Cal. 157/428,430; 160/408; (subds. 1-4) 157/428. App. 11/441. .ii;J .3'. Citation of accused by publication. § 292. Upon receiving the accusation, the court shall make an order requiring the accused to appear and answer it at a specified time, and shall cause a copy of the order and of the accusation to be served upon the accused at least five days before the day appointed in the order. If it shall appear by affidavit to the satisfaction of the court or judge that the accused resides out of the state; or has departed from the state; or cannot, after due diligence, be found within the state; or conceals him- self to avoid the service of the order to show cause, the court or judge may direct the service of a citation to the accused, requiring him to appear and answer the accusation, to be made by publication in a news- paper of general circulation published in the county in which the pro- ceeding is pending for thirty days. Such citation must be directed to the accused, recite the date of the filing of the accusation, the name of the accuser, and the general nature of the charges against him, and require him to appear and answer the accusation at a specified time. On proof of the publication of the citation as herein required the court shall have jurisdiction to proceed to hear the accusation and render judgnuMit with like effect as if an order to show cause and a copy of the accusation §§ 296-337 CODE of civil procedure. 12 had been personally served on the accused. [Amendment approved April 21, 1911; Stats. 1911, p. 979.] § 295. Citations. Cal. 157/430. § 297. Citations. Cal. 157/430; 160/408. § 299. Citations. App. 11/230. § 312. CiUtiona. Cal. 156/48; 161/696. App. 9/370. § 315. Citations. Cal. 158/710. § 318. Citations. Cal. 156/402; 159/543; 163/509, 650, 651; 164/95, 99. App. 9/507, 510; 12/37; 15/774, 786; 19/259. § 319. Citations. Cal. 156/402; 159/543; 163/509. § 321. Citations. Cal. 156/574. App. 19/625. § 322. Citations. Cal. 156/403, 404. § 323. Citations. Cal. 156/17, 404; (subd. 2) 156/17; (subds. 3, 4) 164/253. App. 12/37. § 326. Citations. Cal. 156/17, 405; 157/385, 386; 162/520; 163/509; (subd. 1) 156/17. App. 10/195, 196; 19/625. § 335. Citations. Cal. 158/692; 163/650. § 336. Citations. Cal. 155/214; 162/180; 164/276; (subd. 1) 162/179-181. § 337. Citations. Cal. 155/601; 158/692; 159/543, 544, 606, 608; 163/446, 443. 684; 164/95, 99. 276, 277, 388; (subd. 1) 163/204; 164/473; (subd. 2) 13 CODE OF CIVIL PROCEDURE. §§ 338-344 164/473. App. 9/181, 183, 185, 190; 11/496; 17/593; 18/108; 19/454, 799; (subd. 1) 17/567. § 338. Citations. Cal. 159/543, 606; 160/92; 161/695; 163/650, 651, 684; 164/ 276; (subd. 1) 160/94; (subd. 2) 161/696; (subd. 4) 156/556, 556; 16/295, 696, 699, 702; 163/650, 651, 652. App. 8/706; 13/231; 15/184; 16/579; (subd. 4) 8/706; 9/230, 508, 510; 12/616, 618; 13/232; 15/184; 16/578. Actions that must be brought within two years. § 339. Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, other than that mentioned in subdivision 2 of section 337 of this code; or an action founded, upon an instrument or writing executed out of the state; or an action founded upon a con- tract, obligation or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real prop- erty, or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder. 2. An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his ofiice, or by the omission of an ofiicial duty, including the non- I)ayment of money collected upon an execution. But this subdivision does not apply to an action for an escape. [Amendment approved May 30, 1913; Stats. 1913, p. 332. In effect August 10, 1913.] Citations. Cal. 156/48; 159/543, 606, 608; 160/92; 164/276; (subd. 1) 156/271, 272, 556; 157/764, 765, 768, 769; 159/110; 163/204; 164/473, 474, 626. App. 8/706; 9/113, 284, 285, 513; 12/103; 19/312, 314; (subd. 1) 8/705, 706; 12/616, 787; 13/205; 17/567. § 340, subd. 3. Citations. Cal. 156/638; 164/190, 191. § 341. Citations. Cal. 158/351; 160/92. § 342. Citations. Cal. 163/446, 448. § 343. Citations. Cal. 159/111, 543, 608; 161/295; 163/650, 651, 684, 724; 164/ 95, 99, 278. App. 8/164; 12/617; 18/108, 183; 19/259, 454, 703. § 344. Citations. App. 18/617, 620, 621. 346-370 CODE OF CIVIL PROCEDURE. 14 § 346. Citations. § 351. Citations. § 353. Citations. App. 8/165, 166. Cal. 164/626, 628. App. 9/370, 371. Cal. 159/543-545. App. 9/513; 12/103. § 355. Citations. Cal. 156/348. § 359. Citations. Cal. 160/92, 94. App. 9/370, 371; 16/2e § 360. Citations. App. 9/113; 11/525, 526, 527; 17/567, 569. § 361. Citations. Cal. 157/195, 198, 199, 200; 162/180, 181; 164/473. § 363. Citations. App. 9/370. § 367. Citations. § 368. Citations. Cal. 157/447; 158/230. App. 18/280. App. 18/280, 453, § 369. Citations. Cal. 157/447. Married woman as party to action. § 370. "When a married woman is a party, her husband must be joined with her, except: 1. When the action concerns her separate property, including .action for injury to her person, libel, slander, false imprisonment or malicious prosecution, or her right or claim to the homestead property, she may sue alone. 2. When the action is between herself and her husband, she may sue or be sued alone. 3. When she is living separate and apart from her husband by reason of his desertion of her, or by agreement, in writing, entered into between them, she may sue or be sued alone. [Amendment approved Mav 21, 1913; Stats. 1913, p. 217. In effect August 10, 1913.] Citations. Cal. 156/36; 158/155; 164/349, 685. App. 11/626, 627; 15/ 751; 19/233, 234. 15 CODE OP CIVIL PROCEDURE. i§ 372-388 Appearance of infant, etc., by guardian. May compromise. § 372. \\ hen an infant, or an insane or incoaipeteut person is a party, he must appear either by his general guardian or by a guardian ad litem appointed by the court in which the action is pending, in each case. A guardian ad litem may be aj^pointed in any ease, when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expefiient to represent the infant, insane, or incompetent person in the action or proceeding, notwitlistanding he may have a general guardian and may have appeared by him. The general guardian or guardian ad litem so appearing for any infant, or insane or incompetent person in any suit shall have power to compromise the same and to agree to the judgment to be entered therein for or against his ward, subject to the approval of the court in which such suit is pending. [Amend- ment approved May 30, 1913; Stats. 1913, p. 350. In effect August 10, 1913.] Citations. Cal. 156/237; 161/389. § 373. Citations. Cal. 161/389. § 376. Citations. Cal. 159/276, 280, 281. § 377. Citations. Cal. 158/416; 159/276, 278, 280, 504, 505, 508, 772; 164/191, 194, 567, 569, 570, 572, 573, App. 10/286. § 378. Citations. App. 8/586. § 379. Citations. Cal. 160/605. App. 14/703. § 382. Citations. Cal. 163/116, 117. App. 14/788, 789; 1C/19C. § 385. Citations. Cal. 157/380; 158/638. App. 9/190; 11/732; 12/425; 15/117; 19/178. § 386. Citations. Cal. 162/554. App. 16/27; 19/345, 348, § 387. Citations. Cal. 157/298, 560; 164/237. § 388. Citations. App. 11/698; 13/246; 14/371, 372, 373; 16/590-594. §§ 389-398 CODE OP civil procedure. 16 § 389. Citations. App. 10/77, 78; 14/703; 16/291; 19/222. > § 392. Citations. Cal. 159/698, 699; 163/88, 89; (subd. 1) 155/73. App. 9/319; 11/238, 240, 241; 12/226, 517; 16/564; (subd. 1) 12/520. § 393. Citations. App. 11/238. § 394. Citations. App. 11/238; 12/224, 225, 226, 227. Actions to be tried in county in which defendant resides, etc. If de- fendant does not reside in state. § 395. In all other cases, the action must be tried in the county in which the defendants, or some of them, reside at the commencement of the action, or if it be an action for injury to person, or property, or foi death from wrongful act, or negligence, in the county where the injury occurs, or the injury causing death occurs, or in the county in which the defendants, or some of them, reside at the commencement of the action. If none of the defendants reside in the state, or, if residing in the state, and the county in which they reside is unknown to the plain- tiff, the same may be tried in any county which the plaintiff may designate in his complaint, and if the defendant is about to depart from the state, such action may be tried in any county where either of the parties reside, or service is had, subject however, to the power of the court to change the place of trial, as provided in this code. If any person is impliedly joined as a defendant, or has been made a defendant solely for the purpose of having the action tried in the county where he resides, his residence must not be considered in determining which is the proper county for the trial of the action. [Amendment approved April 10, 1911; Stats. 1911, p. 847.] Citations. Cal. 156/268; 159/696, 698; 163/116, 340; 164/535. App. 9/ 319; 10/72, 73, 390, 585; 11/227, 229, 238, 241; 12/517; 15/538; 16/197, 564; 17/400, 662. § 396. Citations. Cal. 158/234; 163/340, 658; 164/535, 536, 537. App. 10/391, 581; 11/227, 229; 13/586; 15/475; 16/518, 564; 18/115. § 397. Citations.. Cal. 159/547; 164/535, 536; (subd. 3) 162/760; (subd. 4) 158/609. App. 11/238; 18/116; (subd. 3) 15/538; 17/400. § 398. Citations. Cal. 158/608; 159/547. App. 17/6C2, 663. 17 CODE OF CIVIL PROCEDURE. §§405-412 s Citations. App. 11/49C. § 407. Citations. Cal. 159/732. § 408. Citations. Cal. 159/732. § 409. Citations. App. 18/728. App. 19/222. § 411. Citations. Cal. (subd. 1) 101/533. App. 11/662; 18/779; (subd. 1) 12/ 448; (Bubd. 2) 12/448; 18/779. Cases in which service of summons may be by publication. Certificate of residence. § 412. Where the person on whom service is to be made resides out of the state; or hag departed from the state; or cannot, after due dili- gence, be found within the state; or conceals himself to avoid the service of summons; or is a corporation having no managing or business agent, cashier or secretary, or other officer upon whom summons may be served, who, after due diligence cannot be found within the state, and the fact appears by affidavit to the satisfaction of the court, or a judge thereof; and it also appears by such affidavit, or by the verified com- plaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action; or when it appears by such affidavit, or by the complaint on file herein, that it is an action which relates to or the subject of which is real or personal property in this state, in which such person defendant or corporation defendant has or claims a lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part in excluding such person or corporation from any interest therein, such court or judge may make an order that the service be made by the publication of the summons; provided, that where service is sought to be made upon a person who cannot, after due dili- gence, be found within the state it must first appear to the court by the affidavit aforesaid that there has not been filed, on behalf of such person, in the county where such action is pending, the certificate of residence provided for by section 1163 of the Civil Code in the county in which the action is brought; or that said certificate was so filed and that the defendant cannot be found at the place named in said certifi- cate, which latter fact must be made to appear by the certificate of the sheriff of the county wherein said defendant claims residence in and by said certificate of residence, and which certificate of said sheriff must show that service of said summons was attempted upon said defendant 2 §§ 413-426 CODE OP CIVIL PROCEDURE. 18 at the place named in said certificate of residence but that said defend- ant ■was not to be found thereat. [Amendment appxoved May 20, 1913; Stats. 1913, p. 1422. In effect August 10. 1913.] Citations. Cal. 155/341; 159/35, 36; 160/373. App. 13/718; 19/221, 794. Another §412 was adopted at the same session as follows: § 412. Where the person on whom service is to be made resides out of the state; or has departed from the state; or cannot, after due diligence, be found within the state; or conceals himself to avoid the service of summons; or is a foreign corporation having no managing or business agent, cashier or secretary within the state; or is a domestic corporation the officers and agents of which, upon whom, under the law, service may be made binding upon the corporation, cannot after due diligence, be found within the state, and the fact appears by affidavit to the satisfaction of the court, or a judge thereof; and it also appears by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action; or when it appears by such affidavit, or by the complaint on file herein, that it is an action which relates to or the subject of which is real or personal property in this state, in which such person defendant or foreign corporation defendant has or claims a lien or interest, actual or contingent, therein, or in which the relief demanded Consists wholly or in part in excluding such person or foreign corporation from any interest therein, such court or judge may make an order that the service be made by the publication of the summons; provided, that where service is sought to be made upon a person who cannot, after due diligence, be found within the state it must first appear to the court by the affidavit aforesaid that, there has not been filed, on behalf of such person, in the county where such action is pending, the certificate of residence provided for by section one thousand one hundred and sixty-three of the Civil Code in' the county in which the action is brought; or that said certificate was so filed and that the defendant cannot be found at the place named in said certificate, which latter fact must be made to appear by the certificate oi the sheriff of the county wherein said defendant claims residence in and by said certificate of residence, and which certificate of said sheriff must show that service of said summons was attempted upon said defendant at the place named in said certificate of residence but that said defendant was not to be. found thereat. [Amendment approved April 23, 1913; Stats. 1913, p. 69. In effect August 10, 1913.] Another § 412 was adopted at the same session. See ante. § 413. Citations. Cal. 164/506. App. 19/484. § 414. Citations. App. 11/698; 14/371; 17/214. § 416. Citations. App. 10/9, 390, 700; 13/9; 19/193. § 422. Citations. App. 8/260. Prac. Act, §38: App. 10/425. § 426. Citations. Cal. 156/635; 158/185. App. 13/58; 19/576. 19 CODE OP CIVIL PROCEDURE. §§ 426a, 427 statement of facts in divorce complaint. § 426a. In an action for divorce the complaint, must set forth, for the statistics required to be collected by the state . bureau of vital statistics, among other matters as near as can be ascertained the follow- ing facts: (1) The state or country in which the parties were married. (2) The date of marriage. (3) The date of separation. (4) The number of years from marriage to separation. (5) The number of children of the marriage, if any, and if none, a statement of that fact. (6) The ages of the minor children. [New section approved Mav 20, 1913; Stats. 1913, p. 232. In effect August 10, 1913.] Joinder of causes of action. § 427. The plaintiff may unite several causes of action in the same complaint, where all arise out of — 1. Contracts, express or implied; 2. Claims to recover specific real property, With or without damages for the withholding thereof, or for waste committed thereon, and ' the rents and profits of the same; 3. Claims to recover specific personal property, with or without dam- ages for the withholding thereof; 4. Claims against a trustee by virtue of a contract or by operation of law; 5. Injuries to character; 6. Injuries to person; 7. Injuries to propert}-; .- , S. Claims arising out of the same transaction, or transactions con- nected with the same subject of action, and not included within one of the foregoing subdivisions of this section. The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated; but an, action for malicious arrest and prosecution, or either of them, may be united with an action for either an injury to character or to the person; pro- vided, however, that in any action brought by the husband and wife to recover damages caused by any injury to the wife, all consequential damages suffered or sustained by the husband alone, including loss ,of the services of his said wife, moneys expended and indebtedness incurred by reason of such injury to his said wife, may be alleged and recovered without sejjarately stating such cause of action arising out of such" con- sequential damages suffered or sustained by the husband. [Amendment approved May 22, 1913; Stats. 1913, p. 219. In effect August 10, 1913.] Citations. Cal. 164/610. App. 10/306; 14/788, 789; 18/456; (subd. 4) 9/145. §§ 430-456 CODE OF civil procedure. 20 § 430. Citetions. Cal. 158/230, 267, 698; (subd. 4) 164/349. App. 9/145, 779; 11/625; 18/492. S 432. Citations, Cal. 156/447. § 433. Citations. Cal. 158/230, 697; 164/349. § 434. Citetions. Cal. 155/181; 158/231, 697, 698; 160/618; 163/448; 164/349, 685. App. 8/177, 312; 9/799; 12/86. § 437. Citetions. Cal. 159/741, 747. App. 11/188; 19/211, 426. § 438. Citations. Cal. 158/30; 159/741; 160/699; 163/209. App. 10/77; 19/426. Prac. Act, § 47 (corresponding section) : Cal. 158/29, 30. § 439. Citations. Cal. 160/699. § 440. Citations. App. 10/632. § 441. Citations. App. 12/402. S 442. Citetions. Cal. 158/30; 163/209; 164/153. App. 8/260; 10/77, 78; 11/260. § 443. Citations. Cal. 156/556. App. 9/183. § 448. Citetions. Cal. 156/581; 159/613, 615, 616. § 453. Citations. App. 16/474. § 454. Citations. Cal. 159/186, 746; 162/724. App. 12/682; 13/58. § 456. Citations. Cal. 156/155, 156, 157; 158/43. App. 17/306. 21 CODE OF CIVIL PROCEDURE. §§ 457-481 § 457. CitatioDS. § 458. Citations. § 461. Citations. § 462. Citations. § 465. Citations. § 469. Citations. 17/44; 18/145, 207, 620; 19/413, 697. Cal. 155/432; 157/221; 158/774. App. 8/127. Cal. 157/198; 160/92. Cal. 160/188, 193. Cal. 161/70; 164/547. App. 11/312, 656; 15/118. Cal. 156/447. App. 8/260. Cal. 155/210; 163/724. App. 10/646; 13/654; 14/299; 16/699; App. 13/654; 16/699; 19/697. App. 9/183. Cal. 156/447; 161/653. App. 11/229; 14/329; 16/259. § 470. Citations. § 471. Citations. § 472. Citations. § 473. Citations. Cal. 155/105, 491; 156/509, 576, 577, 579, 580; 157/194, 196, 492, 705, 706, 707, 708, 709; 158/115, 116, 353, 354, 355, 701; 159/35, 461; 160/488; 161/125, 534, 535; 162/45, 748, 756, 757, 758; 164/295. App. 8/4, 261, 326, 327, 328, 433; 9/169, 170, 171, 190, 191, 754; 10/8, 306 (cited as §427), 475, 476; 11/260, 292; 12/6, 447, 448, 449; 13/61, 62, 63, 221, 223; 14/369, 720, 726; 15/472, 558, 730, 731; 16/44, 438; 17/224, 225, 266, 603; 18/116, 204, 269, 465, 491, 519, 593, 613, 614, 727, 728, 723, 730, 731; 19/166. S 475. Citations. Cal. 156/37; 160/536, 610; 164/379. App. 8/224, 707; 9/363; 11/198, 293, 443; 12/375, 460; 13/207; 15/159, 160, 161, 742. § 476. Citations. § 479. Citations. § 481. Citations. Cal. 158/114. App. 8/486. App. 11/559; 18/728. App. 11/371, 559, 560. §•§ 509-527 CODE § 509. Citations. App. 19/699. § 512. Citations. App. 10/727, § 514. Citations. App. 16/300. CODE OP CIVIL PROCEDURE. 22 Protection of plaintiff in possession of property. § 521. After the property has been delivered to the plaintiff as in this chapter provided, the court shall, by appropriate order, protect the plain- tiff in possession of said property until the final determination of the action. [New section approved June 10, 1913; Stats. 1913. d. 555. In effect August 10, 1913.] § 525. Citations. Gal. 157/794; 159/455 et seq. § 526. Citations. Cal. 159/519. App. 9/778; 11/184; 18/667. Actions against officers. § 526a. An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to, the estate, funds, or other property of a county, town, city or city and county of the state, may be maintained against any officer thereof, or any agent, or other person, acting in its behalf, either by a citizen resident therein, or by a corporation, who is assessed for and is liable to pay, or, within one year before the commencement of the action, has paid, a tax therein. This section does not affect any right of action in favor of a county, city, town, or city and county, or any public officer; provided, that no injunction shall be granted restraining the offering for sale, sale, or issuance of any municipal bonds for public improvements or public utilities. [Amendment approved February 27, 1911; Stats. 1911, p. 87.] Citations. App. 14/664, 665. Injunction. Notice. Party obtaining order must be ready. Defendant entitled to continuance. Precedence. § 527. An injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. A copy of the complaint or of the affidavits, upon which the injunction was granted, must, if not previously served, be served therewith. No preliminary injunction shall be granted with- out notice to the opposite party; nor shall any temporary restraining order be granted without notice to the opposite party, unless it shall appear from facts shown by affidavit or by the verified complaint that 23 CODE OF CIVIL PROCEDURE. § 530 great or irreparable injury would result to the applicant before the matter can be heard on notice. In case a temporary restraining order shall be granted without notice, in the contingency above specified, the matter shall be made returnable on an order requiring cause to be shown why the injunction should not be granted, on the earliest day that the iDusiness of the court will admit of, but not later than ten days from the date of such order. When the matter first comes up for hearing the party who obtained the temporary restraining order must be ready to proceed and must have served upon the opposite party at least two days prior to such hearing, a copy of the complaint and of all affidavits to be used in such application and a copy of his points and authorities in support of such application; if he be not ready, or if he shall fail to serve a copy of his complaint, affidavits and points and authorities, as herein required, the court shall dissolve the temporary restraining order. The defendant, however, shall be entitled, as of course, to one continuance for a reasonable period, if he desires it, to enable him to meet the application for the preliminary injunction. The defendant may, in response to such order to show cause, present afii- davits relating to the granting of the preliminary injunction, and if 8uch affidavits are served on the applicant at least two days prior to the hearing, the applicant shall not be entitled to any continuance on account thereof. On the day upon which such order is made returnable, such hearing shall take precedence of all other matters on the' calendar of said day, except older matters of the same character, and matters to which special precedence may be given by law. When the cause is at issue it shall be set for trial at the earliest possible date and shall take precedence of all other cases, except older matters of the same character, and matters to which special precedence may be given by law. [Amendment approved February 15, 1911; Stats. 1911, p. 59.] Citations. App. 11/4; 15/758, 759, 762. Wlien injunction for use of water may be refused upon defendant giving bond. § 530. In all actions which may be hereafter brought when an in- junction or restraining order may be applied for to prevent the diversion, diminution or increase of the flow of water in its natural channels, to the ordinary flow of which the plaintiff claims to be entitled, the court shall first require due notice of the application to be served upon the defendant, unless it shall appear from the verified complaint or affidavits upon which the application therefor is made, that, w^itliin ton days prior to the time of such application, the plaintiff' has been in the peaceable possession of the flow of such water, and that, within Buch time, said plaintiff has been deprived of the flow thereof b}' the wrongful diversion of such flow by the defendant, or that the plaintitf, at the time of such application, is, and for ten days ju-ior thereto, has been, in possession of the flow of said water, and that the deifendant threatens to divert the- flow of such water; and if such notice of such §§ 532-556 CODE OF CIVIL PROCEDURE. 24 application be given and upon the hearing thereof, it be made to appear to the court that plaintiff is entitled to the injunction, but that the issuance thereof pending the litigation will entail great damage upon defendant, and that plaintiff will not be greatly damaged by the acts complained of pending the litigation, and can be fully compensated for such damage as he may suffer, the court may refuse the injunction upon the defendant giving a bond such as is provided for in section 532; and upon the trial the same proceedings shall be had, and with the same effect as in said section provided. [Amendment approved May 1, 1911; Stats. 1911, p. 1421.] § 532. Citations. App. 10/169. § 537. Citations. Cal. 155/212; 157/439; (subd. 1) 157/439, 440. App. 10/699; 12/191. § 538. Citations. Cal. 157/438, 439. App. 12/501, 696; 13/460; 15/447; 19/347. § 539. Citations. Cal. 157/240. App. 11/308; 13/398; 19/498. § 540. Citations. Cal. 157/438, 441. App. 11/671, 672, 673, 697, 699; 16/285. § 541. Citations. Cal. 157/576. § 542. Citations. Cal. 164/627; (subd. 4) 157/576. App. (subd. 5) 10/159. § 544. Citations. Cal. 155/211. App. 12/280, 284. § 552. Citations. Cal. 162/294. App. 11/671. § 554. Citations. Cal. 162/294. App. 11/672, 699. § 555. Citations. Cal. 162/294. App. 11/671, 672, 699. § 556. Citations. Cal. 157/441. App. 13/460. 25 CODE OF CIVIL PROCEDURE. §§ 558-579 § 558. Citations. Cal. 157/441. App. 13/460, 463. § 564. CiUtions. Cal. (subd. 2) 164/60. App. 12/344; (subd. 6) 12/343. § 565, Citations. App. 8/713. § 566. Citations. Cal. 164/60, 64, 65. App. 13/371, 372; 15/47, 48; 19/766. § 568. Citation!. App. 18/739. Disposition of unclaimed funds in hands of receiver. § 570. A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him, shall, before receiving his dis- charge as such receiver, publish a notice, in one or more newspapers published in the county, at least once a week for four consecutive weeks, setting forth the name of the owner of any unclaimed funds, the last known place of residence or postoflBce address of such owner and the amount of such unclaimed funds. Any funds remaining in his hands unclaimed for thirty days after the date of the last publication of such notice, shall be reported to the court and, upon order of the court, all such funds must be paid into the state treasury accompanied with a copy of the order, which must set forth the facts required in the notice herein provided. All funds so paid into the state treasury must be received, invested, accounted for and paid out, in the same manner and by the same officers as is provided by law in the case of escheated estates, and in section 1272 of this code. [New section approved April 25, 1913; Stats. 1913, p. 92. In effect August 10, 1913.] § 572. Citations. App. 17/761. § 573. Citations. App. 17/761. I § 577. Citations. Cal. 162/292. App. 8/20, 224. § 578. CiUtions. Cal. 156/448; 160/248, 605. App. 19/792. § 579. Citations. Cal. 156/447, 448, 159/106; 160/248, 605. App. 19/792. iS 580-594 CODE OF CIVIL PROCEDURE. 26 § 580. ■ Citations. Cal. 158/4S0. App. 8/707, 771; 9/366; 13/32; 15/742. § 581. Citations. Cal. 156/260, 656; 160/467; 163/703, 704; 164/290, 611; (subd. 1) 162/32; (subd. 5) 163/703; (siibd. 7) 163/656. App. 9/167, 168, 169, 170, 171; 15/363, 532; 16/510; (subd. 1) 17/694; (subd. 2) 15/362; (subd. 5) 16/509. § 581a. Citations. Cal. 163/657. App. 11/160; 17/161, 162; 19/796. Dismissal of actions after transfer. • ,,,,t -, § 581b. No action heretofore or hereafter commenced, where the same was not originally commenced in the proper county, shall be fur- ther prosecuted, and no further proceedings shall be had therein, and all such actions heretofore or hereafter commenced must be dismissed by the court to which the same shall have been transferred, on its own motion, or on the motion of any party interested therein, whether named in the complaint as a party or not, where the costs and fees of trans- mission of the pleadings and papers therein to the clerk or justice of the court to which it is transferred, or of filing the papers anew, have not been paid by the plaintiff for one year after the time when such pleadings or papers shall have arrived in the custody of such clerk or justice. The clerk of such court, or such justice shall, where such court or justice desires to dismiss an action under the provisions of this section, file anew such transferred pleadings and papers without fee. [New section approved May 24, 1913; Stats. 1913, p. 214. In effect August 10, 1913.] § 583. Citations. Cal. 156/719; 162/107; 164/612. App. 11/160. § 585. Citations. Cal. 156/447. App. 12/4. § 588. Citations. App. 17/602. § 590. Citations. App. 17/602. § 592. Citations. Cal. 159/126. § 594. Citations. Cal. 159/782, 783; 163/341. 27, CODE OF CIVIL PROCEDURE; §§ 595-602 Motion to postpone a trial. Involving title to mining claim. § 595. A motion to postpone a trial on the ground of the absence of, evidence can only be made upon afiidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. A trial shall be postponed when it appears to the court that the attorney of record, party, or principal witness is actually engaged in attendance upon a session of the legislature of this state as a member thereof. The court may require the moving party, wheje application is made on account of the absence of a material witness, to state upon affidavit the evidence which he expects to obtain; and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on tbe trial, or offered and overruled as improper, the trial must not be postponed. In actions involving the title to mining claims, or involving trespass for damage upon mining claims, if it be made to appear to the satisfaction of the court that, in order that justice may be done and the action fairly tried on its merits, it is necessary that further developments should be macje, underground or upon the surface of the mining claims involved, in said action, the court shall grant the postponement of the trial of the action, giving the party a reasonable time in which to prepare for trial a^d to do said development work. [Amendment approved May 1, 1911; Stats. 1911, p. 1448.] Challenge of jurors for cause. § 602. Challenges for cause may be taken on one or more of the following grounds: 1. A want of any of the qualifications prescribed by this code to ren- der a person competent as a juror; 2. Consanguinity or affinity within the fourth degree to any party, /Or to an officer of a corporation, which is a party; 3. Standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent, or debtor and creditor, to either party, or to an ofl^cer of a corporation which is a party, or being a member of the family of either party; or a partner in business with either party; or surety on any bond or obligation for either party, or- being the holder of bonds or shares of the capital stock of a corporation which is a party. 4. Having served as a juror in a civil action or been a witness on a previous trial between the same parties, for the same cause of action; or having served as a juror within one year previously in' any civil action or proceeding in which either party was plaintiff or defendant. 5. Interest on the part of the juror in the event of the action, or in the main question involved in the action, except his interest as a mem- ber or citizen or taxpayer of a county, city and county, incorporated city or town, or other political subdivision of a county, or municipal water district. 6. Having an unqualified opinion or belief as to the merits of the action founded upon knowledge of its material facts or of some of them. 604-634 CODE OP CIVIL PROCEDURE. 28 7. The existence of a state of mind in the juror evincing enmity against or bias to either party. 8. That he is a party to an action pending in the court for which he is drawn and which action is set for trial before the panel of which he is a member. [Amendment approved May 19, 1913; Stats. 1913, p. 510. In effect August 10, 1913.] § 604. Citations. § 610. Citations. § 611. Citations. § 612. Citations. § 619. Citations. § 624. Citations. § 625. Citations. 12/214, 221, 222, 532; 15/55; 16/465, 467; 19/45, 57. § 628. Citations. App. 15/745. § 631. Citations. Cal. 164/177; (subd. 3) 164/178. § 632. Citations. App. 13/661. App. 14/439; 17/151. Cal. 158/367, Cal. 159/655, 656. App. 19/663. App. 15/56; 16/465, 468. Cal. 156/696, 159/52. App. 8/228, 229; 9/444, 731; 10/323; § 633. Citations. § 633a. Citations. Cal. 157/430. App. 16/99, 153; 18/606; 19/207. Cal. 157/430. App. 9/330; 16/99, 153; 19/207. App. 11/39. Waiving findings of fact. § 634. Findings of fact may be waived by several parties to an issue of fact: 1. By failing to appear at the trial; 29 CODE OP CIVIL PROCEDURE. §§ 638-649 2. By consent in writing filed with the clerk; 3. By oral consent in open court, entered in the minutes. In all cases where the court directs a party to prepare findings, a copy of said proposed findings shall be served upon all the parties to the action at least five days before findings shall be signed by the court, and the court shall not sign any findings therein prior to the expiration of such five days. [Amendment approved April 22, 1913; Stats. 1913, p, 58. In effect August 10, 1913.] Citations. App. 16/290. § 638. Citations. Cal. 162/129. Referees in eminent domain proceedings involving city, etc. § 640. A reference may be ordered to the person or persons, not exceeding three, agreed upon by the parties. If the parties do not agree, the court or judge must appoint one or more referees, not exceed- ing three, who reside in the county in which the action or proceeding is triable, and against whom there is no legal objection, or the reference may be made to a court commissioner of the county where the cause is pending; provided, that in any action brought under title 7 of part 3 of this code, if the plaintiff is the state, a county, city and county, or any incorporated city or town, or a municipal water district, the referees are not required to be residents of the county in which the action or proceeding is triable. Nothing herein contained shall be construed as repealing any law of this state giving jurisdiction to the state railroad commission to ascertain the just compensation which must be paid in eminent domain proceedings. [Amendment approved May 22, 1913; Stats. 1913, p. 246. In effect August 10, 1913.] S 646. Citations. App. 17/603. § 647. CiUtions. Cal. 160/671. App. 8/32; 11/598; 12/777; 16/509, 510. § 648. Citations. Cal. 163/153. App. 9/118; 15/665; 16/710; 19/98. Bill of exceptions, when to be presented, etc. § 649. A bill containing the exception to any decision may be pre- sented to the court or judge, for settlement at any time after the decision is made, but the same must be presented within ten days after written notice of making such decision, and after having been settled must be signed by the judge and filed with the clerk. When the de- cision excepted to is made by a tribunal other than a court, or by a judicial officer, the bill of exceptions must be presented to and settled § 650 CODE OF CIVIL PEOCEDURE. 30 and signed bv such tribunal or officer. [Amendment approved March 20, 1911; Stats. ^1911, p. 402.] Bill of exceptions. § 650. When a party desires to have exceptions taken at a trial set- tled in a bill of exceptions, he may, at any time thereafter, and within ten days after the entry of judgment, if the action was tried with a jurj', or after receiving notice of the entry of judgment, if the action was tried without a jury, or such further time as the court in which the action is pending, or a judge thereof, may allow, prepare the draft of a bill, and serve the same, or a copy thereof, upon the adverse party. Such draft must contain all the exceptions and proceedings taken upon which the party relies. It may also contain a statement of any matters occurring upon the trial, in the presence of the court, showing any of the matters mentioned in subdivisions 1 and 2 of section 657 of this code. Within ten days after such service the adverse party may pro- pose amendments theretOj and serve the same, or a copy thereof, upon the other party. The proposed bill and amendments must, within ten days thereafter be presented by the party seeking the settlement of the bill, to the judge who tried or heard the case, upon five days' notice to the adverse party, or be delivered to the clerk of the court for the judge. When received by the clerk he must immediately deliver them to the judge, if he is in the county; if he is absent from the county, and either party desires the paper to be forwarded to the judge, the clerk must, upon notice in writing of such party, immediately forward them by mail, or other safe channel; if not thus forwarded the clerk must deliver them to the judge immediately after his return to the county. When received from the clerk, the judge must designate the time at which he will settle the bill, and the clerk must immediately notify the parties of such designation. At the time designated the judge 'must settle the bill. The bill must thereupon be engrossed a'nd presented to the judge to be certified, by the party presenting it, within ten days. If the action was tried before a referee, the proposed bill, with the amendments, if any, must be presented to such referee for settlement within ten days after service of the amendments, upon notice of five days to the ad'erse party, and thereupon the referee must settle the bill. If no amendments are served or if served are allowed, the proposed bill may be presented with the amendments, if any, to the judge or referee for settlement without notice to the adverse party. It is the duty of the judge or referee, in settling the bill, to strike out of- it all redundant and useless matter so that the exceptions and proceedings may be presented as briefly as possible. When settled, the bill must be signed by the judge or referee, with his certificate to the, effect that the same is allowed, and must then be filed with the clerk No bill of exceptions, statement on motion for a new trial, notice of appeal, or notice or paper, other than amendments to the pleadings or an amended pleading, need be served upon any party whose default 31 CODE OF CIVIL PROCEDURE. §§ 651-664 has been duly entered, or who has not appeared in the action or pro- ceeding. [Amendment approved March 20, 1911; Stats. 1911, p. 400.] Citations. Cal. 155/55, 56; 159/543, 629; 162/428. App. 10/211, 767, 768; 11/636; 13/479; 16/633; 17/224, 394, 555, 801. § 651. Citations. App. 8/358. § 652. Citations. App. 11/336. App. 11/336. Cal. 155/105; 162/410. App. 16/447; 17/602; 18/378. § 653. Citations. § 656. Citations. § 657. Citations. Cal. 155/533; 156/685; 160/252; 162/410, 412; 163/437; (subd. 2) 156/397; (subd. 4) 164/428. App. 10/709; 14/726; 16/448; 18/37S; (subd. 1) 11/257: (subd. 3) 11/257; (subd. 4) 10/636; (subd. 5) 11/144; 13/87; (subd. 6) 11/41. § 658. Citations. Cal. 160/252, 253. App. 16/451. § 659. Citations. Cal. 155/362: 158/114, 352, 353, 354, 355; 162/756; 163/153; (subd. 2) 163/153; (subd. 3) 155/54, 55, 56; 159/296; (subd. 4) 157/594; 158/71; 163/153. App. 10/765, 766, 767, 769; 13/692; 15/665; 16/328; 17/554, 555; (subd. 3) 17/157; (subd. 4) 19/340. Cal. 155/615; 158/71; 162/7; 163/429. App. 8/293; 9/761; § 661. Citations. 16/451. § 663. CiUtions. Cal. 155/324, 603; 157/326, 327; 159/273, 600; 160/750; 163/ 103. App. 8/573, 690; 10/479, 767; 11/39, 40, 273, 274; 13/430; 14/735; 19/86, 233. § 663a (formerly § 6631/2). Citations. Cal. 155/324, 603; 159/273. App. 8/573, 690; 10/767 274; 13/430; 19/86, 233. 11/39, § 664. Citations. Cal. 159/518; 161/331. App. 15/360, 745; 16/153. §§ 667-690 CODE OF CIVIL PROCEDURE, 32 § 667. Citations. 17/688. § 668. Citations. Cal. 155/416; 161/331. App. 9/704; 10/726, 728; 16/129; Cal. 158/245. § 670. Citations. Cal. 155/341, 158/245; 161/126, 132; 162/7; (subd. 1) 159/35; 161/126; (subd. 2) 159/52. App. 11/637; 13/31; 16/290, 780; 17/395, 601; 18/377, 378; (subd. 1) 17/603; (subd. 2) 16/260. § 671. Citations. § 672. Citations. Cal. 158/245; 160/285. App. 11/64, 731; 14/362, 532. Cal. 158/245. App. 8/694. § 674. Citations. Cal. 160/285. § 675. Citations. Cal. 163/12. § 681. Citations. Cal. 155/212; 159/518. Stay of execution. § 681a. The court or the judge thereof shall not have the power, without the consent of the adverse party, to stay, for a longer period than thirty days, the execution of any judgment or order the execution whereof would be sta3-ed on appeal only by the execution of a stay bond. [New section approved March 20, 1911; Stats. 1911, p. 400.] § 68S. Citations. Cal. 155/212. § 684. Citations. App. 8/225. § 685. Citations. Cal. 157/411; 159/701 § 688. CiUtions. Cal. 155/211, 212. . § 690. Citations. Cal. (subd. 10) 158/447, 449, 450. App. 15/498; (subds. 1, 2, 3, 6) 12/751; (subd. 10) 12/751; 15/498, 499; (subd. 20) 14/85. 33 CODE OF CIVIL PROCEDURE. §§ 694^721 § 694. Citations. Oal. 161/289. § 699. Citations. Cal. 157/576; 164/672. § 700. Citations. Cal. 161/18. App. 15/722, 723, § 701. Citations. App. 17/495. § 702. Citations. App. 17/494, 496. § 703. Citations. App. 17/494. § 709. Citations. Cal. 159/540; 162/137, 138, 140. § 710. Citations. Cal. 158/447, 449, 452. App. 8/47, 49, 661; 15/497. § 714. Citations. App. 10/158. § 715. Citations. App. 10/158. § 716. Citations. Cal. 163/11, 15. App. 10/158. § 717. Citations. Cal. 155/211. App. 10/158. § 718. Citations. Cal. 155/211. App. 10/158. § 719. Citations. Cal. 155/211. App. 10/158; 12/279, 284. § 720. Citations. Cal. 155/209, 211. App. 10/158; 12/279, 284. § 721. Citations. App. 10/158. 3 §§ 726-763 CODE OF CIVIL PROCEDURE. 34 § 726. CiUtions. Cal. 155/196, 198, 199; 157/199; 161/289; 162/184; 163/14, 29, 30; 164/686. App. 12/104; 15/351. § 729. Citations. Cal. 155/196, 198, 199. § 731. Citations. Cal. 161/245. App. 9/778, 782. § 735. Citations. App. 17/270, 271. § 738. Citations. Cal. 155/255, 636, 687, 733; 157/376, 377, 378. 384; 159/126; 161/517, 521; 162/51, 370, 371. 375, 383, 384, 516. App. 8/159; 9/215, i73 ; 12/451; 13/252; 14/66; 15/243; 16/248. § 749. Citations. App. 13/253, § 750. Citations. App. 13/253. § 751. Citations. App. 13/253. § 752. Citations. Cal.' 155/191; 163/767. App. 10/306, 307, 395; 12/353. § 758. Citations. App. 8/240. § 759. Citations. § 760. Citations. App. 10/307, 395, 396. Cal. 157/648. Partition of real property. Referees. In incorporated city. Action ol court. Sale. Deed. In case of death of party. Attorney's fees. § 763. If it appears by the evidence, whether alleged in the com- plaint or not, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order the sale thereof; otherwise, upon the requisite proofs being made, it must order a partition according to the respective rights, of the parties as ascertained by the court, and appoint three referees therefor, and must designate the portion to remain undivided for the 35 CODE OF CIVIL PROCEDURE. § 763 owners whose interests remain unknown, or are not ascertained; or the court, with the consent of the parties, may appoint one referee instead of three, and he when appointed, has all the powers and may perform all the duties required of three referees; and the court must appoint as referee any person or persons to whose appointment all the parties have consented, and no person shall be appointed as referee who is disqualified from acting as an appraiser under the provisions of section 1444 of the Code of Civil Procedure. When the site of an incorporated city or town is included within the exterior boundaries of the property to be parti- tioned, the court must direct the referees to survey and appraise the entire property to be partitioned by actual lots and subdivisions then existing in the actual possession of the several tenants in common, exclusive of the value of improvements thereon, first setting apart necessary portions of the property for ways, roads and streets, as in section 764 provided, and to report such survey and separate appraisement on each lot and subdivision to the court. The court may confirm, change, modify, or set aside the report in whole or in part, and if necessary appoint new referees. When, after the final confirmation of the report of such sur- vey and appraisement, it appears by evidence to the satisfaction of the court that an equitable partition of the whole property is impracticable, and a sale of the site of such city or town, or any portion thereof, will be for the best interests of the owners of the whole property, it must order a sale thereof; provided, that within sixty days thereafter any tenant in common or tenants in common, having improvements erected on any town or city lot or subdivision included in such order of sale, shall have the prior right to purchase the same at such appraised valu- ation, and may pay into court the amount so appraised as the value thereof, and upon such payment the title shall vest in such purchaser or purchasers, and the court shall cause to be executed by such referees a deed for such lot or subdivision in fee and in severalty to such pur- chaser or purchasers; such further proceedings shall then be had as to the remainder of the, property, and the money so paid to the court, as by this chapter provided. If, during the pendency of this action, any of the parties die, or become insane, or otherwise incompetent, the proceed- ings shall not for that cause be delayed or suspended, but the attorney who has appeared for such party may continue to represent such interest; and in case any such party has not appeared by an attorney, the court must appoint an attorney to represent the interest which was held by such party, until his heirs or legal representatives, or successors in interest, shall have appeared in the action; and an attorney so appointed must be allowed by the court a reasonable compensation for his services, which may be taxed as costs against the share or interest represented by such attorney, and may be adjudged a lien thereon in the discretion of the court. [Amendment approved May 20, 1913; Stats. 1913, p. 235. In effect August 10, 1913.] §§ 766-774 CODE of civil procedure. 36 Court may confirm, etc., report. Judgment binding on whom. § 766. The court may confii-m, change, modify, or set aside the re- port, and if necessary, appoint new referees. Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive: 1. On all persons named as parties to the action, and their legal rep- resentatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee or as tenants for life or for years, or as entitled to the reversion, remainder, or the inheritance of such property, or any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a bene- ficial interest in the property, or who have an interest in any undivided share thereof, as tenants for years or for life; 2. On all persons not in being at the time said judgment is entered, who have any interest in tie property divided, or any j)art thereof, as entitled to the reversion, remainder or the inheritance of such property, or any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property; provided, that in case sale has been made under the provisions of this chapter the judgment shall provide for keeping intact the share of the proceeds of said sale, to which said party or parties not in being at the time are or may be entitled until such time as such party or parties may take possession thereof; 3. On all persons interested in the property, who may be unknown, to whom notice has been given of the action for partition by publication; 4. On all other persons claiming from such parties or persons, or either of them. And no judgment is invalidated by reason of the death of any party before final judgment or decree; but such judgment or decree is as con- clusive against the heirs, legal representatives, or assigns of such de- cedent, as if it had been entered before his death. If during the pend- ency of the action, and before final judgment therein, any of the cotenants has conveyed to another person his interest, or any part of his interest, such conveyance, whatever its form, shall be deemed to have passed to the grantee any lands which, after its execution, may have been set aside to the grantor in severalty, or such proportionate interest in such lands as the interest so conveyed bears to the whole interest of the grantor. [Amendment approved March 15, 1911; Stats. 1911, p. 366.] § 768. Citations. Cal. 157/648. § 773. Citations. Gal. 164/670, § 774. Citations. Cal. 164/675. 37 CODE OF CIVIL PROCEDURE. §§ 785-832 § 785. Citations. Cal. 164/674. § 796. Citations. Cal. 155/577; 157/648. § 797. Citations. Cal. 157/647. § 803. Citations. Cal. 155/375; 160/689. App. 13/38S. § 810, Citations. Cal. 160/689. § 813. Citations. Cal. 157/438, 439; 159/744, 745, 746; (subd. 13) 159/745, 746. § 814. Citations. Cal. 157/439. § 815. Citations. Cal. 157/439. § 816. Citations. Cal. 157/439. § 817. Citations. Cal. 157/439, 440; 159/744 et seq, § 818. Citations. Cal. 157/440. § 819. CiUtions. Cal. 157/439, 441; 159/744. § 820. Citations. Cal. 157/440. § 822. Citations. Cal. 157/440. § 823. Citations. Cal. 157/441. S 832. Citations. Cal. (subd. 7) 156/83. i§ 833-850 CODE OP civil procedure. 38 § 833. Citations. App. 13/455. § 838. Cltatious. Cal. 159/31, 32; 163/242. § 848. Citations. Cal. 156/83. App. 11/215 App. 9/64; 12/62. Notice of hearing, rorm. Service. Service by mail. Docket entries. § 850. When all the parties served with process shall have appeared, or some of them have appeared, and the remaining defendants have made default, the justice must fix the day for the trial of said cause, whether the issue is one of law or fact, and give notice thereof to the parties to the action who have appeared, but in ease any of the parties are represented by an attorney, then to such attorney. Such notice shall be in writing, signed by the justice, and substantially in the following form (filling blanks according to the facts) : In the justice court, township (or city, or city and county), county, or city and county of , state of California. plaintiff, vs. defendant. To , plaintiff, or attorney for plaintiff, and to defendant, or, attorney for defendant. You and each of you will please take notice that the undersigned justice of the peace before whom the above-entitled cause is pending, has set for hearing the demurrer of , filed in said cause (or has set the said cause for trial, as the case may be), before me at my office in said township (or city, or city and county), at o'clock M., on the day of , 19 — . Dated this day of 19 — . (Signed) , Justice of the Peace. Said notice shall be served by mail or personally. When served by mail the justice of the peace shall deposit copies thereof in a sealed envelope in the postoffice at least ten days before the trial or hearing addressed to each of the persons on whom it is to be served at their place of residence and the postage prepaid thereon; provided, that such notice shall be served by mail only when the person on whom service is to be made, resides out of the county in which said justice's court is situated, or is absent therefrom. When personally served said notice shall be served at least five days before the trial or hearing on the persons on whom it is to be served by any person competent and qualified to serve a summons in a justice's court, and when personally served it shall be served, returned and filed in like manner as a summons. When a party has appeared by attorney the notice may be served in the manner pre- scribed by subdivision 1 of section 1011 of this code. The justice 39 CODE OF CIVIL PROCEDURE. §§ 852-867 shall enter on his docket the date of trial or hearing; and when such notice shall have been served by mail the justice shall enter on his docket the date of mailing such notice, of trial or hearing and snch entry shall be prima facie evidence of the fact of such service. The parties are entitled to one hour in which to appear after the time fixed ill said notice, but are not bound to remain longer than that time unless both parties have appeared and the justice being present is engaged in the trial of another cause. [Amendment approved May 20, 1913; Stats. 1913, p. 234. In effect August 10, 1913.] Citations. App. 18/573, 575. § 852. Citations. Cal. 164/152. § 855. Citations. Cal. 164/152, 153 § 857. Citations. App 10/307. § 859. Citations. Cal. 164/152. Ap App. 9/169, 170, 171; 19/578, 579, 580. § 861. Citations. Cal. 161/633; 162/622; (subd. 2) 161/633. § 862. Citations. Cal. 161/633. App. 8/686; 10/007. § 863. Citations. Cal. 161/633 § 864. Citations. Cal. 161/633 § 865. Citations. Cal. 161/633 Issue of writ of attachment. § 866, A writ to attach the property of the defendant must be issued by the justice at the time of. or after issuing summons in actions in which the sum claimed exclusive of interest exceeds ten dollars, on receiving an affidavit by or on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit specified in section 538. [Amendment approved March 20, 1911; Stats. 1911, p. 399.] § 867. Citations. App. 12/539. §§ 872-912 CODE OF CIVIL PROCEDURE. 40 § 872. Citations. App. 19/579. § 880. Citations. Cal. 164/153. § 890. Citations. Cal. 163/703, 704. App. 9/167, 168, 169, 170, 171. § 891. Citations. Cal. 161/332, 333. App. 16/129. Entry of judgment in thirty days. § 892. When the trial is by the court, judgment must Toe entered within thirty days after the submission, and no justice of the peace who is paid a salary, shall draw or receive any monthly salary unless he shall make and subscribe an affidavit before an officer entitled to administer oaths, that no cause in his court remains pending and un- decided, that has been submitted for decision for a period of thirty days. [Amendment approved April 23, 1913; Stats. 1913, p. 77. In effect August 10, 1913.] Citations. Cal. 161/333. § 893. Citations. Cal. 161/331, 332, 333. App. 16/129. Judgment no lien unless recorded. § 900. A judgment rendered in a justice's court creates no lien upon any lands of the defendant, unless such an abstract is filed in the office of the recorder of the county in which the lands are situated. When so filed, and from the time of filing, the judgment becomes a lien upon all the real property of the judgment debtor, not exempt from execution, iv such county, owned by him at the time, or which he may afterward, and before the lien expires, acquire. The lien continues for two years, unless the judgment be previously satisfied. At any time before the expiration of two years from the time of filing such abstract of judgment, and while the judgment is yet in force or unsatisfied, a successive abstract of such judgment may be likewise filed, and it shall have the effect of continuing such lien for a further period of two years from the time of filing the subsequent abstract of judgment; provided, however, that no such lien shall continue or be in force after five vears from the time of the rendition of such judgment. [Amendment approved March 20, 1911; Stats. 1911, p. 398.] § 911. Citations. Cal. (subds. 8, 9) 161/331. App. 17/304. § 912. Citations. App. 17/304. 41 CODE OF CIVIL PROCEDURE. §§ 925-943 App. 9/169, 170. § 925. Citations. Cal. 163/703; 164/153. § 926. Citations. App 8/766. § 936. Citations. Cal. 158/4, § 938. Citations. Cal. 164/5. App. 8/230 § 939. Citations. Cal. 155/616, 617; 156/91, 92, 137; 157/598; 158/123, 124; 161/333; 163/430; 164/168, 539; (subd. 1) 155/693; (subd. 3) 156/255; 158/123, 700; 159/486. App. 8/748, 788; 10/765, 766; 12/203, 205; 14/178, 649; 15/533, 542; 16/185, 711, 771; 17/383, 384, 457, 462, 555; 19/97, 599; (subd. 1) 10/332, 619: 15/674; 16/481; 17/461; (subd. 3) 8/265; 10/160; 13/362; 17/457, 462; 19/167. Prac. Act, §336: Cal. 157/706. § 940. Citations. Cal. 156/91, 92, 137; 159/86, 367, 713, 715; 161/297; 162/297, 299; 163/362. App. 9/79; 10/765; 11/451; 17/400, 402; 19/599. § 941. Citations. Cal. 156/91, 92, 137; 159/713, 715; 161/686, 688. App. 10/i65, 765; 11/298; 17/400; 19/599. § 941a. Citations. Cal. 156/91, 92, 93, 137, 138: 158/4, 5, 701; 159/367; 161/119, 296, 297; 163/430. App. 8/8; 10/765; 11/271, 462; 12/758; 15/533 ; 16/61 ; 17/383, 386; 19/80. § 94113. Citations. Cal. 156/91. 92, 93, 137, 138; 158/4, 5, 6, 7, 115, 123, 124, 262, 701; 159/367; 161/119, 296, 297, 720; 162/297, 299, 756; 163/430; 164/168. App. 8/8; 10/178, 765, 766: 11/403, 462; 12/758; 15/533, 536; 16/19, 42, 61; 17/282, 383, 386, 403, 462; 19/80, 599. § 941c. Citations. Cal. 156/91, 92, 93, 137, 138; 158/123; 161/296, 297; 163/430; 164/168. App. 8/8; 10/765; 12/758; 17/384, 386, 402. § 942. CiUtions. Cal. 155/416; 157/412, 731; 159/713, 715; 162/284, 290, 291. App. 11/273; 12/425. § 943. Citations. Cal. 155/20, 416, 417; 158/50; 159/453; 161/688; 162/290, 291. App. 13/362; 14/049. 944-953 CODE OF CIVIL PROCEDURE. 42 § 944. Citations. Cal. 162/290, 291. § 945. Citations. Cal. 1.55/20; 158/50; 159/453; 162/290, 291. App. 15/77. Release of property under levy on appeal. Attachment not continued. § 946. Whenever an appeal is perfected, as provided in the preceding sections of this chapter, it staj's all further proceedings in the court below upon the judgment or order appealed from, or upon the matters embraced therein, and releases from levy property which has been levied upon under execution issued upon such judgment; provided, however, said property shall not be released from the levy, if the respondent excepts to the sufficiency of the sureties within five days after the giving of the undertaking staying execution until such sureties, or others, justify in the manner prescribed by law; but the court below may pro- ceed upon any other matter embraced in the action and not affected by the order appealed from. And the court below may in its discretion, dispense with or limit the security required by this chapter, when the appellant is an executor, administrator, trustee, or other person acting in another's right. An appeal does not continue in force an attachment, unless an undertaking be executed and filed on the part of the appellant by at least two sureties, in double the amount of the debt .'-laimed by him, that the appellant will pay all costs and damages which the re- spondent may sustain by reason of the attachment, in case the order of the court below be sustained; and unless, within five days after the entrv of the order appealed from, such appeal be perfected. [Amend- ment approved May 19, 1913; Stats. 1913, p. 216. In effect August 10, 1913.] Citations. Cal. 155/33; 159/454; 162/283, 284, 289. App. 10/165, 346; 16/746; 19/659. § 949. Citations. Cal. 158/467, 468; 162/290. App. 19/656, 657, 659. § 950. Citations. Cal. 162/26Y; 163/22. App. 11/637; 16/260; 17/394. § 951. Citations. Cal. 158/700; 162/49, 267; 163/430. App. 16/517; 17/394. § 952. Citations. Cal. 158/700; 162/7, 49; 163/430. App. 17/394. 953. Citations. Cal. 163/22. App. 10/165; 11/451; 17/7. 43 CODE OF CIVIL PROCEDURE. §§ 953a-975 § 953a. Citations. Cal. 156/137, 138, 341; 157/406; 153/40, 111, 112, 113, 114, 115; 160/332; 161/119, 296, 297; 162/48, 49, 298, 299, 324, 756; 163/22, 641; 164/430, 694, 695, 770. App. 8/8; 10/165, 178; 11/272, 636, 637; 13/585; 14/89, 331; 15/550; 16/43, 61, 236, 516, 517; 17/214, 394, 395, 401, 601; 18/221, 468; 19/668, § 953b. Citations. Cal. 156/341; 157/406; 158/111, 112: 160/332; 161/119, 296, 297; 163/22. App. 8/8; 10/165, 178; 11/271, 273, 637; 14/331; 15/550; 16/61, 236; 17/214, 401, 402; 18/221, 468. § 953c. Citations. Cal. 156/341, 342; 157/406; 158/111, 112; 161/119, 296, 297; 162/48, 49, 324; 163/22, 23; 164/694. App. 8/8; 10/165, 178; 14/331; 15/550; 16/61, 236, 237, 238, 239; 17/214, 401; 18/221, 468. § 954. Citations. Cal. 1C3/22. App. 11/384, 385, 386, 649. § 956. Citations. Cal. 159/487; 1G4/539. App. 8/384 § 957. Citations. Cal. 155/291; 156/69. App. 10/391 § 958. CiUtions. App. 11/637. § 963. Citations. Cal. 155/33; 158/468; 159/273, 455, 486, 487, 488, 489; 164/5; (subd. 1) 159/488; (subd. 2) 159/488; (subd. 3) 159/664; 162/258, 353. App. 8/20, 384; 10/221, 361; 11/274; 12/347; 19/233; (subd. 2) 15/290; (subd. 3) 9/405; 13/118, 220; 15/290, 291. Prac. Act, §347: App. 11/29. § 964. Citations. Cal. 163/242. § 966. Citations. Cal. 161/687. § 974. Citations. Cal. 159/482, 483; 160/531; 161/332, 333; 162/336, 337, 339. App. 10/344, 424, 425; 11/4-12; 12/155, 537, 540; 13/197; 14/574, 575; 16/128; 18/574. Prac. Act, §624: App. 10/425. § 975. Citations. App. 12/155, 538. §§ 976-1015 CODE OF CIVIL PROCEDURE. 44 § 976. Citations. Cal. 163/702. App. 11/30. § 977. Citations. App. 11/30; 12/538; 14/259. § 978. Citations. Cal. 159/482, 483, 712, 713, 714, 715; 162/336, 337, 339. A-pp. 8/764, 765, 766; 12/330, 331, 333, 538, 539, 540; 13/196; 14/575; 16/12t. § 978a. Citations. Cal. 159/476, 482, 483; 162/336, 337, 339. App. 10/344 (cited as § 978) ; 12/538, 539, 540; 13/195, 196, 198; 14/259, 573, 574, 575; 17/52, 53, 94; 18/574. § 980. Citations. Cal. 158/4. App. 10/736; 11/30, 442. § 997. Citations. Cal. 158/245, 246, 521. App. 11/245; 13/783, 784, 785. § 1003. Citations. Cal. 164/536. App. 8/20. § 1005. Citations. App. 14/32; 16/181, 182, 183. § 1006. Citations. Cal. 160/380. App. 19/264. § 1007. Citations. Cal. 160/383, 385, 387. § 1010. Citations. Cal. 158/114; 164/536. App. 11/662; 16/182; 18/204. § 1011. Citations. Csl. (subd. 1) 164/578. § 1012. Citations. App. 18/130. § 1014. Citations. Cal. 156/88. App. 10/700; 13/9, 30, 31, 69, 276, 397, 545. § 1015. Citations. App. 11/260. 45 CODE OF CIVIL PROCEDURE. !§ 1022-1054 § 1022. Citations. Cal. 155/252; 156/141 (cited as § 1023) ; 164/666; (subds. 1, 5) 164/666. App. (subd. 3) 11/398; 13/784. § 1025. Citations. Cal. 163/416; 164/666. App. 11/399; 13/784. Costs on appeal. § 1027. The prevailing party on appeal shall be entitled to his costs excepting when judgment is modified, and in that event the matter of costs is within the discretion of the appellate court. The party entitled to costs, or to wiioai costs are awarded, may recover all amounts actu- ally paid out by him in connection with said appeal and the prepara- tion of the record for the appeal, including the costs of printing briefs; provided, however, that no amount shall be allowed as costs of print- ing briefs in excess of fifty dollars to any one party. The appellate court may reduce costs in case of the insertion of unnecessary mat- ter in the record. [Amendment approved June 16, 1913; Stats. 1913, p. 1033. In efPect August 10, 1913.] § 1033. Citations. Cal. 156/141; 157/492; 164/312. App. 8/485; 9/438; 14/32; 15/745. § 1034. Citations. Cal. 157/203. § 1035. Citations. Cal. 159/287. § 1036. Citations. App. 12/537, 539. § 1047. Citations. Cal. 161/48. § 1048. Citations. App. 8/508, § 1049. Citations. Cal. 155/34; 159/80, 81; 160/30; 161/92. App. 10/165; 19/206. § 1050. Citations. Cal. 155/370. App. 9/573. § 1054. Citations. Cal. 156/255, 578; 162/758. App. 9/7C1 ; 15/616. §§ 1056-1057a code op civil procedure. 46 § 1056. CiUtions. Cal. 156/140; 162/590. § 1057. Citations. Cal. 162/590. App. 16/745. Justification by corporate security on bonds. Procedure. County clerk to issue certificate. Fee. § 1057a. Whenever the surety on a bond or undertaking authorized or required by any law of this state is a corporation of the state or a foreign corporation, authorized to become surety on bonds or under- talcings in the state, and exception is taken to the sufficiency of such surety as required by law, such corporate surety may justify on such bond or undertaking as follows: Any agent, attorney in fact, or officer of such corporation shall submit to the court, judge, officer, board or other person before whom the justification is to be made: First — The original, or a certified copy of, the power of attorney, by- laws or other instrument showing the authority of the person or persons who executed the bond or undertaking to execute the same; Second — A certified copy of the certificate of authority issued by the insurance commissioner as required by section 596 of the Political Code, showing that the corporation is authorized to transact business; Third — A certificate from the county clerk of the county or city and county in which the bond or undertaking is filed, showing that the said certificate of authority has not been surrendered, revoked, canceled, annulled or suspended, or in the event that it has been, that renewed authority to act under such certificate has been granted, as provided for in section G25a of the Political Code; Fourth — A financial statement showing the assets and liabilities of such corporation at the end of the quarter calendar year next preceding the date of the execution of the bond or undertaking; such financial statement must be verified under oath by the president, or a vice- president and attested by the secretary or an assistant secretary of such corporation. Upon complying with the foregoing provisions and it appearing that the bond or undertaking was duly executed, that the corporation is authorized to transact business in the state, and that its assets exceed its liabilities in an amount equal to or in excess of the amount of the bond or undertaking, the justification of the surety shall be complete and it shall be accepted as the sole and sufficient surety on the bond or undertaking. The county clerk of any county or city and county shall, upon re- quest, issue the certificate hereinbefore provided for, which certificate shall state whether or not the certificate of authority of such corpora- tion has been surrendered, revoked, canceled, annulled, or suspended, and in the event that it has, whether or not renewed authority to act under 47 CODE OF CIVIL PROCEDURE. §§ 1068-1095 sueh certificate of authority has been granted as provided in section 625a of the Political Code. For each certificate issued the county clerk shall receive a fee of fifty cents to be paid by the person obtaining the certificate. All laws and parts of laws and all sections of either of the codes in conflict herewith are hereby expressly repealed. [New section added March 20, 1911; Stats. 1911, p. 412.] § 1068. Citations. Cal. 156/85; 159/363; 160/591; 164/330. 13/118; 15/517; 17/695; 18/17, 575, 576; 19/126. App. 10/160; 12/329; § 1069. Citations. App. 11/442; 17/710. § 1070. Citations. App. 12/329. § 1074. Citations. Cal. 159/363; 164/330. App. 11/644; 15/517; 18/575, 576. § 1077. Citations. App. 8/611. § 1085. Citations. Cal. 156/488; 164/499. App. 8/16; 12/551; 15/362. § 1086. Citations. Cal. 155/33; 164/499. App. 8/16, 482; 12/553, § 1090. Citations. App. 18/226. Recovery of damages by applicant. When state, etc., is respondent. § 1085. If judgment be given for the applicant, he may recover the damages which he has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue; and a peremptory mandate must also be awarded without delay; provided, however, that in all cases where the respondent is a state, county or municipal officer, all damages and costs, or either, which may be recovered or awarded, shall be recovered and awarded against the state, county or municipal corporation represented by such officer and not against such officer so appearing in said proceeding, and the same shall be a proper claim against the state, or county, or municipal cor- poration for which such officer shall have appeared, and shall be paid as other claims against the state, county or municipality are paid; but in all such cases, the court shall first determine that the officer ap- §§ 1097-1123 CODE OF crviL procedure. 48 peared and made defense in such proceeding in good faith. [Amend- ment approved May 31, 1913; Stats. 1913, p. 359. In effect August 10, 1913.] Citations. Cal. 158/549. § 1097. Citations. Cal. 164/501. § 1102. Citations. Cal. 157/192; 160/531. App. 9/333; 11/3, 485; 12/154, 15£i; 14/646; 16/787. § 1103. Citations. Cal. 160/531. App. 9/333; 11/3, 6, 215; 12/154, 160, 347; 14/646; 19/552. § 1109. Citations. App. 8/612. § 1111. Citations. Cal. 158/539, 541; 159/445. App. 17/492. § 1115. Citations. Cal. 158/539. App. 13/274; 15/309, 383, 650. § 1116. Citations. App. 11/587, 588. § 1118. Citations. Cal. 158/539, 540; 163/610. App. 13/273; 15/309, 311, 312, 383, 648, 649; 16/504. § 1118a. Citations. App. 13/273, 274, 275. § 1119. Citations. Cal. 158/539, 540, 542, 544, 545, 546. App. 12/421; 13/273 (cited as § 1118), 275; 15/383, 645, 647, 649; 16/502. § 1121. Citations. Cal. 158/540, 542, 545, 546, 547; 163/610. App. 15/647, 649; 16/502, 503. § 1122. Citations. App. 15/383, 384. § 1123. Citations. App. 15/68. 49 CODE OP CIVIL PROCEDURE. §§ 1124-1180 § 1124. Citations. Cal. 159/445, 446. App. 15/64, 69. § 1125. Citations. App. 17/420, 421, 422, 423. § 1126. Citations. App. 15/69. § 1127. Citations. Cal. 158/539. App. 17/492. ' § 1143. Citations. Cal. 160/384. § 1159. Citations. Cal. 162/59. App. 17/261. § 1160. Citations. App. 9/44. § 1161. Citations. Cal. 156/317. App. 9/44; 11/322; 18/431, 432; 19/200, 358; (subd. 2) 12/315; 19/522; (subd. 3) 19/521. 522. § 1162. Citations. App. 10/4; 19/358. § 1167. Citations. App. 9/43; 14/366. § 1169. Citations. App. 14/367. § 1172. Citations. App. 14/572; 17/261. § 1173. Citations. App. 17/265. § 1174. Citations. App. 9/44; 14/365; 17/266, 270, 271, 272. § 1180. Citations. App. 14/388. 4 § 1183 CODE OP CIVIL PROCEDURE. 50 Mechanics have lien upon property on which they have labored, etc. Mines. Limit of liens. Limit of owner's liability. § 1183. Mechanics, materialmen, contractors, subcontractors, artisans, architects, machinists, builders, miners, teamsters and draymen, and all persons and laborers of every class performing labor upon, or bestowing skill or other necessary services, or furnishing materials to be used or consumed in or furnishing appliances, teams and power contributing to the construction, alteration, addition to or repair, either in whole or in part, of any building, wharf, bridge, ditch, flume, aqueduct, well, tunnel, fence, machinery, railroad, wagon road or other structure, shall have a lien upon the property upon which they have bestowed labor or furnished materials, for the value of such labor done and materials furnished and for the value of the use of such appliances, teams or power, whether at the instance of the owner, or of any other person acting by his authority or under him, as contractor or otherwise; and every contractor, subcontractor, architect, builder or other person having charge of the construction, alteration, addition to or repair either in whole or in part of any building, or other improvement as aforesaid shall be held to be the agent of the owner for the purposes of this chapter. Any person who performs labor in any mining claim or claims, or in or upon any real property worked as a mine, either in the develop- ment thereof or in working thereon by the subtractive process or fur- nishes materials to be used or consumed therein, has a lien upon the same and the works owned and used by the owners for milling or reducing the ores from the same, for the value of the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of such mining claim or claims or real property worked as a mine, or his agent, and every contractor, subcontractor, superintendent or other person having charge of any mining or work or labor performed in and about such mining claim or claims or real property worked as a mine, either as lessee or under a working bond or contract thereon shall be held to be the agent of the owner for the purposes of this chapter. The liens in this chapter provided for shall be direct liens, and shall not in the case of any claimants, other than the contractor be limited, as to amount, by any contract price agreed upon between the contractor ami the owner except as hereinafter provided; but said several liens shall not in any case exceed in amount the reasonable value of the labor done or material furnished, or both, for which the lien is claimed, nor the price agreed upon for the same between the claimant and the person by whom he was employed, nor in any case, where the claimant was employed by a contractor, or subcontractor, shall the lien extend to any labor or materials not embraced within or covered by the original contract be- tween the contractor and the owner, or any modification thereof made by or with the consent of such owner, aiul of which such contract, or modification thereof, the claimant shall have had actual notice before the performance of such labor or the furnishing of such materials. The 51 CODE OP CIVIL PROCEDURE. § 1183 filing of such original contract, or modification thereof, in the office of .the county recorder of the county where the property is situated, before the commencement of the work, shall be equivalent to the giving of such actual notice by the owner to all persons performing work or furnishing materials thereunder. In case said original contract shall, before the work is commenced, be so filed, together with a bond of the contractor with good ^nd sufficient sureties in an amount not less than fifty (50) per cent of the contract price named in said contract, which bond shall in addition to any conditions for the performance of the contract, be also conditioned for the payment in full of the claims of all persons performing labor upon or furnishing materials to be used in such work, and shall also by its terms be made to inure to the benefit of any and all persons T^ho perform labor upon or furnish materials to be used in the work described in said contract so as to give such persons a right of action to recover upon said bond in any suit brought to foreclose the liens provided for in this chapter or in a separate suit brought on said bond, then the court must, where it would be equitable so to do, restrict the recovery under such liens to an aggregate amount equal to the amount found to be due from the owner to the contractor, and render judgment against the contractor and his sureties on said bond for any deficiency or difference there may remain between said amount so found to be due to the contractor and the whole amount found to be due to claimants for such labor or materials or both. No change or alteration of the work or modification of any such contract between the owner and his contractor shall release or exonerate any surety or sureties upon any bond given under this section. It is the intent and purpose of this section to limit the owner's liability, in all cases, to the measure of the contract price where he shall have filed or caused to be filed in good faith with his original contract a valid bond with good and sufficient sureties in the amount and upon the conditions as herein provided. It shall be lawful for the owner to protect himself against any failure of the contractor to perform his contract and make full payment for all work done and materials fur- nished thereunder by exacting such bond or other security as he may deem satisfactory. [Amendment approved May 1, 1911; Stats, l&li, p. 1313.] The statute amending this section and the following sections of the Mechanic's Lien Law contained the following section: § 14. The provisions of this act shall be literally construed with a view to effect its purpose. They are not intended as a re-enactment of the provisions of former statutes, with the policy heretofore impressed upon the same by the courts of this state, but are intended to reverse that policy to the extent of making the liens provided for, direct and independent of any account of indebtedness be- tween the owner and contractor, thereby making the policy of this state conform to that of Nevada and the other Pacific Coast states. Citations. Cal. 155/412; 158/31; 160/315, 752, 753, 754; 163/474; 164/ 878, 519, 521, 648, 649, 650. App. 8/271, 272, 273, 509, 518, 519, 525, 734; §§ 1183a-1185 CODE of civil peocedure. 52 9/495, 702, 703; 10/90, 92, 644, 650; 12/42; 15/570; 16/293, 715; 17/613, 616, 617; 19/236, 237, 411, 724. Persons supplsring power entitled to lien. § 1183a. [Kepealed May 1, 1911; Stats. 1911, p. 1319.] Notice to owner of labor performed and materials furnished. § 1184. Any of the persons mentioned in the preceding section, except the contractor, may at any time give to the owner a notice that they have performed labor or furnished materials, or both, to the contractor or other person acting by the authority of the owner, or that they have agreed to do so, stating in general terms the kind of labor and materials and the name of the person to or for whom the same was done or furnished, or both, and the amount in value, as near as may be, of that already done or furnished, or both, and of the whole agreed to be done or furnished, or both, and any of said persons who shall on the written demand of the owner refuse to give such notice shall thereby deprive himself of the right to claim a lien under this chapter. Such notice may be given by delivering the same to said owner per- sonally, or by leaving it at his residence or place of business with some person in charge, or by delivering it to his architect, or by leaving* it at the latter's office with some person in charge. No such notice shallj be invalid by reason of any defect in form, provided, it is sufficient to inform the owner of the substantial matters herein provided for. Upon such notice being given it shall be lawful for the owner to withhold, and in the case of property which, for reasons of public policy or otherwise, is not subject to the liens in this chapter provided for, the owner or person who contracted with the contractor, shall withhold from his contractor sufficient money due or that may become due to such con- tractor to answer such claim and any lien that maj' be filed therefor including the reasonable cost of any litigation thereunder. [Amendment approved May 1, 1911; Stats. 1911,' p. 1315.] See note to § 1183. Citations. Cal. 160/311, 312, ol6, 437, 439; 163/474; 164/378. App. 8/508, 509, 511, 512; 9/702, 703: 10/643, 644; 13/623, 625; 16/715; 17/617; 18/596, 600, 672; 19/235, 236, 589, 591, 592, 595, 597. Land subject to lien. § 1185. The land upon which any building, improvement, well or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occu- pation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if at the commencement of the work, or of the furnishing of the material for the same, the land belonged to the person who caused said building, improvement, well or structure to be constructed, altered or repaired, but if such person owned less than fee simple estate in such land, then only his interest therein is subject 53 CODE OF CIVIL PROCEDURE. §§ 1186, 1187 to such lien, except as provided in section 1192 of this code. [Amend- ment approved May 1, 1911; Stats. 1911, p. 1316.] See note to § 1183. Citations. App. 17/620; 19/410. § 1186. Citations. Cal. 155/271, 272, 273; 164/376. App. 8/270. Claim of lien filed in recorder's office. Owner may file record of comple- tion with recorder. § 1187. Every original contractor, claiming the benefit of this chap- ter, within sixty days after the completion of his contract, and every person save the original contractor claiming the benefit of this chapter, within thirty days after he has ceased to labor or has ceased to furnish materials, or both; or at his option, within thirty days after the com- pletion of the original contract, if any, under which he was employed, must file for record with the county recorder of the county or city and county in which such property or some part thereof is situated, a claim of lien containing a statement of his demand after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, also the name of the person by whom he was employed, or to whom he furnished the materials, with a statement of the price, if ^^y> agreed upon for the same and when payable, and of the work agreed to be done and when the same was to be done, if agreed upon, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of himself or of some other person. Any trivial imperfection in the said work, or in the completion of any contract by any lien claimant, or in the construction of any building, improvement or structure, or of the alteration, addition to, or repair thereof, shall not be deemed such a lack of completion as to prevent the filing of any lien; and, in all cases, any of the following shall be deemed equivalent to a completion for all the purposes of this chapter: the occupation or use of a building, improvement, or structure, by the owner, or his representative; or the acceptance by said owner or said agent, of said building, improvement, or structure, or cessarton from labor for thirty days upon any contract or upon any building, improvement or structure or the alteration, addi- tion to, or repair thereof; the filing of the notice hereinafter provided for. The owner may within ten days after completion of any contract, or within forty days after cessation from labor thereon, file for record in the office of the county recorder of the county where the property is situated, a notice setting forth the date when tlie same was completed, or on wliieh cessation from labor occurred, together with his name and the nature of his title, and a description of the property sufficient for identification, which notice shall be verified by himself or some other person on his behalf. The fee for recording the same shall be one dollar. In ease such notice be not so filed then the said owner and all §§ 1188-1191 CODE OF CIVIL PROCEDURE. 54 persoBS deraigning title from or claiming any interest through him shall be estopped in any proceedings for the foreclosure of any lien pro- vided for in this chapter from maintaining any defense therein based on the ground that said lien was not filed within the time provided in this chapter; provided, that all claims of lien must be filed within ninety days after the completion of any building, improvement or structure, or the alteration, addition or repair thereto. [Amendment approved May 1, 1911; Stats. 1911, p. 1316.] See note to § 1183. Citations. Cal. 159/584, 585, 586, 587, 588, 589, 590; 164/520, 646, 647, 648, 650. App. 8/71, 73, 269, 270, 396, 397; 10/91, 92, 652; 16/690, 691, 713; 19/237, 412, 732, 733. § 1188. Citations. Cal. 164/376, 377, 649. App. 16/291. Time of continuance of lien. § 1190. No lien provided for in this chapter binds any property for a longer period than ninety days after the same has been filed, unless proceedings be commenced in a proper court within that time to enforce the same; or, if a credit be given, then ninety days after the expiration of such credit; but' no lien continues in force for a longer time than one year from the time the work is completed, by any agreement to give credit, and in case such proceedings be not prosecuted to trial within two years after the commencement thereof, the court may in its discretion dismiss the same for want of prosecution, and in all cases the dismissal of such action (unless it be expressly stated that the same is without prejudice) or a judgment rendered therein that no lien exists, shall be equivalent to the cancellation and removal from the record of such lien. [Amendment approved May 1, 1911; Stats. 1911, p. 1317.] See note to § 1183. Citations. Cal. 162/667; 164/647, 649. App. 10/652; 17/469. Lien on lots for improvements. § 1191. Any person who, at the request of the owner of any lot or tract of land, grades, fills in, or otherwise improves the same, or the street, highway, or sidewalk in front of or adjoining the same, or con- structs any areas, or vaults, or cellars, or rooms, under said sidewalks, or makes any improvements in connection therewith, has a lien upon said lot or tract of land for his work done and materials furnished; provided, that in cases where the improvement made or work done is subject to acceptance by any municipal board or officer, the time for filing claims of lien shall not commence to run until after such m-cept- atice shall have been made. [Amendment approved May 30, 1913; Stats. 1913, p. 333. In effect August 10, 1913.] Citations. Cal. 164/647, 648, 649, 650. App. 16/706, 707. 55 CODE OF CIVIL PROCEDURE. §§ 1192, 1193 Building held to have been constructed at owner's instance. § 1192. Every building or other improvement or work mentioned in anv of the preceding sections of this chapter constructed, altered or repaired upon any land with the knowledge of the owner or of any person having or claiming any estate therein, and the work or labor done or materials furnished mentioned in any of said sections with the knowledge of the owner of persons having or claiming any estate in the land, shall be held to have been constructed, performed or fur- nished at the instance of such owner or person having or claiming any estate therein, and such interest owned or claimed shall be subject to any lien filed in accordance with the provisions of this chapter, unless such owner or person having or claiming any estate therein shall, within ten days after he shall have obtained knowledge of such construction, alteration or repair or work or labor, give notice that he will not be responsible for the same by posting a notice in writing to that effect in some conspicuous place upon the property, and shall also, within the same period, file for record a verified copy of said notice in the office of the county recorder of the said county in which said property or some part thereof is situated. Said notice shall contain a description of the property affected thereby svifficient for identification, with the name, and the nature of the title or interest of the person giving the same, said copy so recorded may be verified by anyone having a knowl- edge of the facts, on behalf of the owner or person for whose protection the notice is given. [Amendment approved May 1, 1911; Stats. 1911, p. 1317.] See note to § 1183. Citations. Cal. 155/271, 272, 273, 274; 158/330, 331, 332; 162/225, 226, 666, 667. App. 13/7, 10, 11, 254, 255; 17/613, 618, 619, 620; 19/410. Contractor may recover only amount due. § 1193. Any contractor shall be entitled to recover, upon a lien filed by him, only such amount as may be due him according to the terms of his contract, after deducting all claims of other parties for work done and materials furnished, as aforesaid, and embraced within his contract; and in all cases where a lien shall be filed under this act for work done or for materials furnished to any contractor, he shall defend any action brought thereon at his own expense; and during the pendency of such action, the owner may withhold from the contractor the amount of money for which such lien is filed; and in case of judgment against the owner or his property upon the lien, the said owner shall be entitled to deduct from any amount due, or to become due by him to the contractor, the amount of such judgment and costs; and if the amount of such judgment and costs shall exceed the amount due by him to the contractor, or if the owner shall have settled with the contractor in full, he shall be entitled to recover back from the contractor, or his bondsmen or sureties on any bond given for the faithful performance of his contract, any amount so paid by him, the §§ 1194r-1197 CODE OF CIVIL PROCEDURE, 56 said owner, in excess of the contract price, and for which the contractor was originally the party liable. No act done by such owner in com- pliance with any of the provisions of this chapter shall be held to be a prevention of the performance of any such contract by the contractor, or to have exonerated the sureties on such or any bond given for faithful performance, or for the payment of liens of persons performing labor or furnishing materials, or both; provided, that such act was done in good faith and without design to injure or harass anyone. [Amend- ment approved May 1, 1911; Stats. 1911, p. 1318. J See note to § 1183. Citations. App. 8/5. Deficiency of proceeds under decree of foreclosure. § 1194. Whenever on the sale of the property subject to any of the liens provided for in this chapter, under the judgment or decree or foreclosure of such lien, there is a deficiency of proceeds, judgment for the deficiency may be docketed against the party personally liable therefor in like m&nner and with like effect as in action for the fore- closure of mortgages. [Amendment approved May 1, 1911; Stats. 1911, p. 1318.] See note to § 1183. Citations. App. 19/727. Persons claiming liens may join in action. § 1195. Any number of persons claiming liens may join in the same action and when separate actions are commenced, the court may con- solidate them. The court must also allow, as a part of the costs, the money paid for verifying and recording the lien, such costs to be allowed to each claimant whose lien is established, whether he be plaintiff or defendant, or whether they all join in one action or separate actions are consolidated. [Amendment approved May 1, 1911; Stats. 1911, p. 1319.] See note to § 1183. Citations. Cal. 155/208; 158/32; 162/665. App. 8/274. Lien does not impair right of personal action to recover debt. § 1197. Nothing contained in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work done or materials furnished to maintain a personal action to recover said debt against the person liable therefor; and the person bringing such personal action may take out an attachment therefor, notwithstanding his lien, and in his affidavit to procure an attachment need not state that his demand is not secured by a lien; but the judg- ment, if any, obtained by the plaintiff in such personal action shall not be construed to impair or merge any lien held by said plaintiff under ,this chapter; provided, only, that any money collected on said judgment shall be credited on the amount of such lien in any action 57 CODE OF CIVIL PROCEDURE. §§ 1198-1203a brought to enforce the same, in accordance with the provisions of this chapter. [Amendment approved May 1, 1911; Stats. 1911, p. 1319. J See note to § 1183. Citations. App. 8/521. § 1198. Citations. App. 8/521. Where contractor fails to perform contract. § 1200. [Repealed May 1, 1911; Stats. 1911, p. 1319.] Citations. Cal. 163/471, 473, 474, 475, 476. App. 9/39, 700, 701, 702, 704; 16/701; 18/406, 409, 410, 411, 673, 674. Forfeit of lien. § 1202. Any person who shall willfully give a false notice of his claim to the owner under the provisions of section 1184 shall forfeit his lien. Any person who shall willfully include in his claim filed under section 1187 work or materials not performed upon or furnished for the property described in the claims shall forfeit his lien. [Amendment approved May 1, 1911; Stats. 1911, p. 1319.] See note to § 1183. Citations. Cal. 160/756. App. 16/704; 19/734. Mistakes in statement not to invalidate lien. § 1203. No mistake or errors in the statement of the demand, or of the amount of credits and offsets allowed or of the balance asserted to be due to claimant, nor in the description of the property against which the claim is filed, shall invalidate the lien, unless the court finds that such mistake or error in the statement of the demand, credits and oilsets, or of the balance due, was made with the intent to defraud, or the court shall find that an innocent third party, without notice, direct or constructive, has since the claim was filed, become the bona fide owner of the property liened upon, and that the notice of claim was 80 deficient that it did not put the party upon further inquiry in any manner. [Amendment approved May 1, 1911; Stats. 1911, p. 1319.] See note to § 1183. Citations. App. 18/178, 406; 19/734. Mistakes or errors in statement not to invalidate liens. § 1203a. [Repealed May 1, 1911; Stats. 1911, p. 1319.] The title of Chapter 681 of the Statutes of 1911 amending the Mechanic's Lien Law repealed § 1203a of the Code of Civil Procedure. The body of the act, however, contained no repeal of this section. In § 13 it provided that § 1200a was repealed. As there is no § 1200a in the Code of Civil Procedure, and as the act originally introduced in the legislature (Assembly Bill No. 278) provided for the repeal of § 1203a, the printing of § 1200a in the Statutes of 1911 (page 1319) is regarded as intended for § 1203a, and this section has therefore been included among the repealed sections. This view is strengthened by the fact that § 1203 as adopted in 1911 covers the matter included in former § 1203a.— Ed. Citations. Cal. 158/31. App. 10/91; 19/724, 734. §§ 1206-1238 CODE OF civil procedure. 58 § 1206. Citations. Cal. 157/400, 491, 492, 493. § 1209. Citations. Cal. 160/380, 383, 384, 386, 408, 410; (subd. 3) 160/405, 406, 407, 409; (subd. 13) 160/405, 408. App. 8/717; 11/4. § 1210. Citations. App. 8/19; 15/314. § 1211. Citations. App. 18/53. § 1218. Citations. Cal. 160/379, 380, 384. App. 19/218. § 1219. Citations. Cal. 160/384. § 1222. Citations. Cal. 160/720. § 1227. Citations. App. 14/263, 271. § 1228. Citations. Cal. 157/598. App. 14/263, 264, 269, 270, 272. § 1229. Citations. App. 14/263. § 1230. Citations. App. 14/263, § 1231. Citations. App. 14/263, 270. § 1232. Citations. App. 14/263. § 1233. Citations. App. 14/263. § 1237. -^ Citations. App. 13/419; 15/695. Purposes for which the right of eminent domain may be exercised. § 1238. Subject to the provisions of this title, the right of eminent domain may be exercised in behalf of the following public uses: 59 CODE OP crV'iL procedure. § 1238 1. Fortifications, magazines, arsenals, navy yards, navy and army stations, liglithouses, range and beacon liglits, coast surveys, and all other public uses authorized by the government of the United States. 2. Public buildings and grounds for the use of the state, or any state institution, and all other public uses authorized by the legislature of the state. 3. Any public utility, and public buildings and grounds, for the use of any county, incorporated city, or city and county, village, town or school districts, ponds, lakes, canals, aqueducts, reservoirs, tunnels, flumes," ditches or pipes, lands, water system plants, buildings, rights of any nature in water, and any other character of property neces- sary for conducting or storing or distributing water for the use of any county, incorporated city, or city and county, village or town or municipal water district, or the inhabitants thereof, or any state in- stitution, or necessary for the proper development and control of such use of said water, either at the time of the taking of said property, or for the future proper development and control thereof, or for draining any county, incorporated city, or city and county, village or town; raising the l3anks of streams, removing obstructions therefrom, and widening and deepening or straightening their channels; roads, highways, boulevards, streets and alleys; public mooring places for water craft; public parks, including parks and other places covered by water, and all other public uses for the benefit of any county, incor- porated cit}', or city and county, village or town, or the inhabitants tliereof, which may be authorized by the legislature; but the mode of apportioning and collecting the costs of such improvements shall be such as may be provided in the statutes by which the same may be authorized. 4. Wharves, docks, piers, warehouses, chutes, booms, ferries, bridges, toll roads, by-roads, plank and turnpike roads; paths and roads either on the surface, elevated, or depressed, for the use of bicycles, tricycles, motorcycles and other horseless vehicles, steam, electric, and horse railroads, canals, ditches, dams, poundings, flumes, aqueducts and pipes for irrigation, public transportation, supplying mines and farming neighborhoods with water, and draining and reclaiming lands, and for floating logs and lumber on streams not navigable, and lands with all wells and water therein adjacent to the lands of any municipality or of any corporation, or person supplying water to the public or to any neighborhood or community for domestic use or irrigation. 5. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines; also an occupancy in common by t"he owners or possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines. 6. By-roads leading from highways to residences, farms, mines, mills, factories and buildings for operating machinery, or necessary to reach any property used for public purposes. § 1238 CODE OF CIVIL PROCEDURE. 60 7. Telegraph and telephone lines, systems and plants. 8. Sewerage of any incorporated city, city and county, or of any village or town, whether incorporated or unincorporated, or of any settlement consisting of not less than ten families, or of any build- ings belonging to the state, or to any college or university, also the connection of private residences and other buildings, through other property, with the mains of an established sewer system in any such city, city and county, town or village. 9. Eoads for transportation by traction engines or road locomotives. 10. Oil pipe-lines. 11. Eailroads, roads and flumes for logging or lumbering purposes. 12. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes and outlets natural or otherwise for supplying, storing, and discharging water for the operation of machinery for the purpose of generating and transmitting electricity for the supply of mines, quarries, railroads, tramways, mills, and factories with electric power; and also for the applying of electricity to light or heaf mines, quarries, mills, factories, incorporated cities and counties, villages or towns; and also for fur- nishing electricity for lighting, heating or power purposes to individ- uals or corporations, together with lands, building? and all other im- provements in or upon which to erect, install, place, use or operate machinery for the purpose of generating and transmitting electricity for any of the purposes or uses above set forth. 13. Electric power lines, electric heat lines, electric light lines, elec- tric light, heat and power lines, and works or plants, lands, buildings or rights of any character in water, or any other character of property necessary for the generation, transmission or distribution of elec- tricity for the purpose of furnishing or supplying electric light, heat or power to anj' county, city and county or incorporated city or town, or the inhabitants thereof, or necessary for the proper development and control of such use of such electricity, either at the time of the taking of said property, or for the future proper development and con- trol thereof. 14. Cemeteries for the burial of the dead, and enlarging and adding to the same and the grounds thereof. 15. The plants, or any part thereof or any record therein, of all persons, firms or corporations heretofore, now or hereafter engaged in the business of searching public records, or publishing public records or insuring or guaranteeing titles to real property, including all copies of, and all abstracts or memoranda taken from, public records, which are owned by, or in the possession of such persons, firms or corpora- tions, or which are used by them in their respective businesses; pro- vided, however, that the right of eminent domain in behalf of the public uses mentioned in this subdivision may be exercised only for the purpose of restoring or replacing, in whole or in part, public rec- ords, or the substance of public records, of any city, city and county, eouD.ty or other municipality, which records have been, or may here- 61 CODE OF CR'IL PROCEDURE, § 1239 after be, lost or destroyed by conflagration or other public calamity; and provided, further, that such right shall be exercised only by the city, city and county, county or municipality, whose records, or part of whose records, have been, or may be, so lost or destroyed. 16. Expositions or fairs in aid of which the granting of public moneys or other thing of value has been authorized by the constitution. 17. Works or plants for supplying gas, heat, refrigeration or power to any county, city and county, or incorporated city or town, or the inhabitants thereof, together with lands, buildings, and all other im- provements in or upon which to erect, install, place, maintain, use or operate machinery, appliances, works and plants for the purpose of generating, transmitting and distributing the same and rights of any nature in water, or property of any character necessary for the pur- pose of generating, transmitting and distributing the same, or neces- sary for the proper development and control of such use of such gas, heat, refrigeration, or power, either at the time of the taking of said property, or for the future proper development and control thereof. [Amendment approved June 10, 1913; Stats. 1913, p. 544. In effect August 10, 1913.] Also amended March 22, 1911 (Stats. 1911, p. 431), and April 28, 1911 (Stats. 1911, p. 1206). Citations. Cal. 157/76; 160/46; 164/225, 231, 232, 233, 234, 237, 239; (subd. 3) 164/228, 237, 238; (subd. 4) 164/227, 237. App. 13/409, 410, 411, 412, 418, 419, 422, 501; 15/694, 695; (subd. 3) 13/410, 411; (subd. 12) 13/408, 409, 411, 418, 419, 422, 501; (subd. 13) 13/408, 409, 411, 419, 422, 501. Estates subject to public use. § 1239. The following is a classification of the estates and rights in lands subject to be taken for public use: 1. A fee simple, when talten for public buildings or grounds, or for permanent buildings, for reservoirs and dams, and permanent flooding occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine, or for the protection of water bearing lands from drought therefrom of any character whatsoever from any adjacent lands, or when the property is taken by any mutual water system, county, city and county, or incorporated city or town or a municipal water district, or other political subdivision. 2. An easement, when taken for any other use; provided, however, that when the taking is by a municipal corporation, and is for the pur- pose of constructing, equipping, using, maintaining or operating any ■works, road, railroad, tramway, power plant, telephone line, or other necessary works or structures, for the preparation, manufacture, hand- ling or transporting of any material or supj)Iies required in the construc- tion or completion by such municij)al coriioration of any public work, improvement, or utility, a fee simple ma3' be taken if the legislative body of such municipal corporation shall, by resolution, determine the tak- ing thereof to be necessary; and provided, further, that, when any § 1240 CODE OF CIVIL PROCEDURE. 62 land is taken, for the use of a by-pass, or drainage way, or overflow channel, or a levee, or an embankment, or a cut required by the plans of the California debris commission referred to in that certain act of the legislature, entitled "An act approving the report of the California debris commission transmitted to the speaker of the house of repre- sentatives by the secretary of war on June 27, 1911, directing the approval of plans of reclamation along the Sacramento river or its tributaries or upon the swamp lands adjacent to said river, directing the state engineer to procure data and make surveys and examinations for the purpose of perfecting the plans contained in said report of the California debris commission, and to make reports thereof, making an appropriation to pay the expenses of such examinations and sur- veys, and creating a reclamation board and defining its power," ap- proved December 2-4, 1911, or any modifications or amendments that may be adopted to the same, either a fee simple or easement may be taken as the reclamation board shall by resolution determine may be necessary. Such resolution shall be conclusive evidence that a taking of a fee simple or easement, as the case may be, is necessary. 3. The right of entry upon and occupation of lauds, and the right to take therefrom such earth, gravel, stones, trees, and timber as may be necessary for some public use. [Amendment approved June 14,' 1913; Stats. 1913, p. 8.52. In effect August 10, 1913.J Also amended April 5, 1911 (Stats. 1911, p. 618). Citations. App. 13/420, 423. Private property which may be taken for public use. § 1240. The private property which may be taken under this title includes: 1. All real property belonging to any person; 2. Lands belonging to this state, including tide and submerged lands, not within the corporate limits of any city, or city and county, or to any county, incorporated city, or city and county, village or town, not appropriated to some public use; 3. Lands belonging to the United States or owned or held by the United States in trust, or otherwise, for any purpose, except lands owned or held for lighthouses, postoffices or other government build- ings, forts, arsenals, or other military purposes; 4. Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has already been appropriated; provided, that where any such prop- erty has been so appropriated by any individual, firm or private cor- poration, the use thereof for a public street or highway of a county, city and county, or incorporated city or town or the use thereof by a country, city and county, incorporated city or town or municipal water district, for the same public purpose to which it has been so appro- priated, or for any other public purpose, shall be deemed more neees eary uses than the public use to which such property has already been 63 CODE OP CIVIL. PROCEDURE. § 1240 appropriated; and provided-, further, that where property already ap- propriated to a public use or purpose, by any person, firm or private corporation, is sought to be taken by a county, city and county, incor- porated city or town, or municipal water district, for another public use or purpose, which is consistent with the continuance of the use ot" such property or some portion thereof for such existing purpose, to the same extent as such property is then used, or to a less or modified extent, then the right to use such property for such proposed public purpose, in common with such other use or purpose, either as then existing, or to a less or modified extent, may be taken by such county, city and county, incorporated city or town, or municipal water district, and the court may fix the terms and conditions upon which such prop- erty may be so taken, and the manner and extent of the use thereof for each of such public purposes, and may order the removal or relo- cation of any structures or improvements therein or thereon, so far as may be required by such common use. But property appropriated to the use of any county, city and county, incorporated city or town or municipal water district, may not be taken by any other county, city and county, incorporated city or town, or municipal water dis- trict, while such property is so appropriated and used for the public purposes for which it has been so appropriated. 5. Franchises for any public utility, and all kinds of property of any nature whatsoever used, either during the existence of or at the termination of said franchise, to supply and furnish the service of such public utility, but such franchise or property shall not be taken except for a more necessary public use. 6. All rights of way for any and all the purposes mentioned in sec- tion 1238, and any and all structures and improvements on, over, across or along such rights of way, and the lands held or vised in con- nection therewith shall be subject to be connected with, crossed, or in- tersected by or embraced within any other right of way or improve- ments, or structures thereon. They shall also be subject to a limited use, in common with the owner thereof, when necessary; but such uses, crossings, intersections, and connections shall be made in man- ner most compatible with the greatest public benefit and least private injury, no railroad main track crossing, outside the limits of any in- corporated town, city or city and county, sHall be at grade, unless the party proposing such crossing at grade shall, at its own sole cost and expense, protect such crossing by the construction, operation and main- tenance of an interlocking plant, with suitable signals and derails; but either party to such crossing may insist upon a separation of grades, in which case the cost of constructing such crossing with separate grades shall be equally divided between the railroad companies con- cerned; and provided, further, that where any such crossing has been constructed at grade, either company may, at any time thereafter, require a separation of the grades at such crossing, each company pay- ing one-half of the expense of such separation; and provided, further, § 1241 CODE OF CIVIL PROCEDURE. 64 that the foregoing provisions shall not be construed as requiring a separation of grarles where such separation is physically impracticable, and in case of any dispute or controversy as to the physical practica- bility of any undergrade or overhead cro«!=ing, the same shall be deter- mined by the superior court of the county in whi(^h such crossing is situate in an action or proceeding brought by either party for that purpose; 7. All classes of private property not enumerated may be taken for public use, when such taking is authorized by law; 8. Proceedings to condemn lands belonging to this state are hereby authorized, and must be maintained and conducted in the same man- ner as are other condemnation proceedings provided for in this title; except, that in such proceedings the summons and a copy of the com- plaint must be served on the governor, attornej' general, and surveyor general of this state. 9. Proceedings to condemn any of said lands belonging to the United States or owned or held by the United States in trust, or otherwise, for any purpose, are hereby authorizc. In effect .\ugust 10. 191.-}.] Alio amended April 5, 1911; St«tf. 1911, p. 633. Citations. App. 19/663, 665. Condemnation of land for railroads. § 1248a. In any proceciiing taken under the provisions of this title, where any railroad, street or interurban railway tracks are situated on, upon, along or across any lands or rights of way suught to be taken therein, for road, highway, boulevard, street or alley purj>osos, or for the purposes of a right of way for any jiublic utility to be constructed, completed and maintained by a county, city and county, or any incorporated city or town, or by a municipal water district, the p'laintilV shall, if the complaint contains a prayer therefor, anapcr in which the same ia printed. [New aection added March 24, 1911; Stats. 1911, p. 47(5.] Presentation of claims against estates. § 1493, .Ail claims arising upon contracts, whether the same be due, nut due, or cuntingeut, and all claims for funi-ral ex(ienses and expenses of the last sickness mu.nt be presented within a time limited in the notice, and any claims not so presented, are barred forever; provided, however, that when it is made to appear by the .iflidavit of the claimant, to the satisfaction of the court, or a judge tliereof, that the claimant had no notice as provided in this chapter, by reason of being out of the state, it may be presented at any time before a decree of distribution is entered, [.\mendment approved April 25, iyi3; Stata. 191;?, p. 88. In effect August 10, 191:5.] Citations. Cul. 155/210, 401, 806: 159/543. 760; 163/689. App. 9/755; 12/103; 18/46, 47. Prob. Act, { 130: Ajip. 10/579. § 1494. Citations. .\pp 9 :.13, 51G; 12/611. Prob. Act. { 131: App. 10/579. § 1495. Citations. Cal. 159/546, 547. App. 18/47, § 1497. Citations. Cal. 155/800, 807; 160/493; 163/089. App. 12/104. 615. 79 CODE OP CIVIL PROCEDURE. §§ 1498-1539 § 1498. Citations. Cal. lCO/493; 161/258. § 1499. Cltatlona. App. 9/514; 12/103. § 1500. Citations. Cal. 155/210, 211. 213, 803, 804; 156/712; 159/343, 760. App. 18/46, 47. § 1502. Cltatlona. Cal. 163/689. § 1503. Citations. Cul. 160/493. § 1504. Citations. Cal. 155/210; lCO/493; 164/C12. App. 12/615; 18/C62, CCS. eo4. § 1505. Citations. Cal. 155/210, 213. § 1510. Citations. App. 9/755, 756; 12/615. § 1511. Citations. App. 14/486; 15/365, 366. § 1516. Citations. App. 12/110. § 1517. Citations. Cal. 157/768. § 1523. Citations. Cal. 161/74. § 1527. Citations. Cal. 159/423. § 1536. Citations. Cal. 161/73, 74. § 1537. Citations. Cal. 155/803. App. 10/369. § 1539. Citations. App. 10/370. §§ 1545-1580 CODE OF CIVIL, puucedurb. So § 1545. Citations. Cal. 161/73. § 1554, Citations. Cal. 162/354. § 1563. Citations. Cal. 155/630. § 1570, Citations. Cal. 150/544. § 1573. Citations. App. 19/259, 260. 261, 264. 265. § 1574. Citations. App. 19/260. 262. Mortgage, lease or sale of estate property. § 1577. Whenever, in any ei^t.ite now beinp aflministercfl, or that m.iv hereafter be administered, or in any guardianship proceeding now pend- ing, or that may hereafter be pending, it shall appear to the superior court, or a judge thereof, to be for the advantage of the estate to raise money upon a note or notes to be secured by a mortgage of the real property of any decedent, or of a minor, or an incompetent person, or any part thereof, or to make a lease of said real property, or any part thereof, or to agree to sell or give an option to purchase a mining claim, or mining claims, or real property worked as a n>ine, the court or judge, a.s often as occasion therefor shall arise in the administration of any estate, or in the course of any gu.irdiansliin matter, may on a petition, notice, and hearing as provided in this article and section 1580 of this code, authorize, empower and direct the executor or administrator, or guardian of such minor or incompetent person, to mortgage such real property, or any j>nrt thereof, and to execute a note or notes to be secured by such mortgage, or to lease such real estate, or any part thereof, or to enter into an agreement to sell such real estate, or any part thereof, or to give an option to purchase such real estate or any part thereof. [Amendment approved April 5, 1913; Stats. 1913, p. 16. In effect August 10, 1913.] Sale of mining property. § 1580. To ulitaiii an order to enter into an agreement for the sale of, or for an oj'tion to purchase, a mining claim, or claims, or real prop- erty, worked as a mine, the proceedings to be taken and the efTect tliereof sliall be as follows: Executor's petition. First — The executor, administrator, or guardian of a minor, or of an incompetent person, or any person interested in the estate of such de- 81 CODE OF CIVIL PROCEDURE. § 1580 cedents, minors, or incompetent persons, may file a verified petition showing: 1. The advantage or advantages that may accrue to the estate from entering into such agreement or option. 2. A general description of the property affected by said agreement or option. 3. The terms and general conditions of tlie projjosed agreement or option. 4. The names of the legatees and devisees, if any, and of the heirs of the deceased, or of the minor, or of the incompetent person, so far as known to tlie petitioner. Court's order on hearing. Second — Ujion filing such petition an order shall be made by the court or judge requiring all persons interested in the estate to appear before the court or judge at a time and place specified, not less than two or more than four weeks tliereafter, then and there to show cause why an agreement for the sale, or an option for the purchase of the realty should not be made, and referring to the petition on file for further particulars. Service of order. Third — The order to show cause must be personally served on the per- sons interested in the estate at least ten days before the time appointed for hearing the petition, or it may be published for four consecutive weeks in a newspaper of general circulation in the county if there be one, and if there is none, then in some newspaper of general circulation in an adjoining county. Hearing petition. Proceedings. Order. Fourth — At the time and place appointed to show cause, or at such other time and place to which the hearing may be postponed, the power to make all needful postponements being hereby vested in the court or judge, the court or judge having first received satisfactory proof of per- sonal service or publication of the order to show cause, must proceed to hear the petition, and any objections that may have been filed or presented thereto. If, after a full hearing, the court or judge is satis- fied that it will be for the advantage or best interest of the estate to enter into the proposed agreement for the sale, or option for the pur- chase, of the mines or real property, worked as a mine, an order must be made authorizing, empowering and directing the executor, administra- tor or guardian to make such agreement or option to purchase. The order may prescribe the terms and conditions of such agreement or option to purchase. The court or judge may, at the time of making said order authorizing such agreement to sell or option to purchase, fix the amount of bond to be given by the executor, administrator, or guardian, and may provide for the payment into court of the proceeds from said agree- ment to sell or option to purchase, and that the said executor, admin- 6 § 1580 CODE OF Cn-IL PROCEDURE, 82 islrator. or guarrlian, sliail give the bond required before obtaining an order of the coiiit for the payment to Lim of such proceeds from said agreement to sell or option to purchase. Executor's agreement. Fifth — After making the onlfr to enter into said agreement or option to purcliate, the executor, administrator or guardian of a minor or of an jncomj'etent per.son shall execute, acknowledge and deliver an agree- ment or option to purchase containing the conditions specified in the order, setting forth in the agreement or option to purchase that it is nir.dc by authority of the order, and giving the date of such order. A certified coj)y of such order shall be recorded in the office of the county recorder of every county in which the land affected by the agreement or option to purchase, or any portion thereof, is situated. If the party of the second part to said ngrt-ement to sell or option to purohase neglects or refuses to comply with the terms of the agreement to sell or option to purchase, the court may, on motion of the executor, or administratf)r. or guardian, and after notice to the purchaser, orUer such agreement to sell or option to purchase .auceled. Return of proceedings. Hearing on. Conveyances. Sixth — The executor or administrator, or the guardian, after the terms of said agreement to sell, or said option to purchase, have been coni- plied with by the party of the second part thereto, and all payments mentioned in the .sjime have been made according to the terms of said agieement to sell or option to purchase, must make a return of his pro- ceedings to the court, which must be filed in the office of the clerk at any time subsequent to the compliance with said conditions and the mak- ing of said payments. A hearing upon the return of the proceedings may be asked for in the return or by petition sul)sequently, and there- ujion the clerk must fix the ilay for the hearing, of which notice of at least ten d.'iys must be given by tlie clerk, by notices j>osted in three public j)In(('s in the county, or by publication in a newspaper, and must brietiy indicate the land or l.mds mentioned in the agreement to sell or option to purchase, and must refer to the return for further particulars, lipon the hearing, the court must examine the return and witnesses in relation to the same. If it appears to the court that the terms of the said agreement to sell or option to purch.nse. including all payments to be made, havo been comi>lied with, the court must make an order confirming the sale, and directing conveyances to be executed. The sale, from that time, is confirmed and valid, and a certified copy of the order oonfirming it and directing conveyaiicos to be executed, must be recorded in the oflice of tiie recorder of the county in which the land sold is situated. Conveyances must thereupon be executed to the jiurchaser by the executor or administrator, or the guardian, and they must refer to the orders of the court aiithorir.ing and confirming the sale of the prop- erty of the estate, and directing conveyances thereof to be executed 83 CODE OF ClYIL PROCEDURE. §§ 1581-1616 and to tlie recorrl of the order of foiifinii.itioii in the office of the county recorder, either by the date of such recording, or by the date, volume, and page of tlie record, and such reference shall have the same effect as if the orders were at laige inserted in the conveyance. Conveyances 80 made convey all the right, title, interest, and estate of the decedent, in the premises, at the time of his death; if prior to the sale, by opera- tion of law or otherwise, the estate has acquired any right, title or inter- est in the premises, other than or in addition to that of the decedent at the time of his death, such right, fitle or interest also passes by such convevances. [Amendment approved April 5, 191.'i; Stats. 1913, p. 17. In effect August 10, 1913.] § 1581. Citations. Cal. 158/724. App. 12/110, 557. § 1582. Citations. Cal. 157/380; 164/193. App. 10/579; 18/731. § 1585. Citations. App. 18/C65. § 1589. Citations. Cal. 164/193. App. 12/608, 616, 620, 622; 18/C67. § 1590. Citations. App. 18/667. § 1591. Citations. App. 12/621, 622. § 1597. Citations. § 1603. Citations. Cal. 156/132. App. 14/649. § 1613. Citation^. App. 17/482. § 1615. Citations. App. 17/482. Expenses of executors. Their attorneys. Appeal from order of court. § 1616. The executor or administrator shall be allowed all necessary expenses in the care, management, and settlement of the estate, and for his services such fees as provided in this chapter; but when the decedent, by his will, makes some other provision for the compensation of his executor, that shall be a full compensation for his services, unless by a §§ 1618-1632 CODE OF cn'iL procedure. 84 written instrument, filed in the court, he renounces all claim for cora- piensation provided for in the will. At any time after one year from the admission of a will to probate, or the granting of letters of administra- tion, any executor, or administrator, may, upon such notice to the other parties interested in the estate as the cotirt shall by order require, apply to the court for an allowance to himself upon his commissions, and the court shall on the hearing of such application make an order allowing such executor or administrator such portion of his commissions as to the court shall seem proper, and the portion so allowed may be there- upon charged against the estate. Any attorney who has rendered ser- vices to an executor or administrator may at any time during the administration, and upon such notice to the other parties interested in the estate as the court shall by order require, apply to the court for an allowance to himself of compensation therefor, and the court shall on the hearing of such application make an order requiring the executor or administrator to pay to such attorney out of the estate such com- pensation on account of services rendered by such attorney up to the date of such ord.-r as to the court shall seem proper, and such payment shall be forthwith made. Any attorney making such aj^plication to the court for compensation and all other persons interested in the estate may appeal from any order made by the court fixing the amount of such comjiensation, and order- ing the same paid. [Amendment approved April 7, 1911; Stats. 1911, p. 707.] Citations. C.i]. lOJ/451, 452, 433, 454, 458; 158/356, 357; 159/664. Ap:> 8/774, 77G, 777. § 1618. Citations. Cnl. 155/452; 162/2C2. App. 8/357, 858, 359, 360, 758. 759. 7r,(i, 701 ; 15/559, 560. § 1619. citations. Cal. 155/452, 453. 4.'54. 458, 459; 158/357. App. 8/774; 15/559. 5G0. § 1622. Citations. Cal. 156/130, 131; 159/544; lCO/493. § 1626. * Citations. Cal. 159/425. App. 10/167. § 1628. Citations. Cnl. ino 493. App. 13 '2:2. Expenditures less than twenty dollars may be allowed executors without vouchers. Amounts paid for debts may be allowed. § 1632. On the settlement of his account ho may be allowed any item of expenditure not exceeding twenty dollars, for which no voucher is 85 CODE OF CIVIL PROCEDURE. §§ 1633-1*639 produped, if such item bo supported by his own uncontradifted oath posi- tive to the fact of payment, specifying when, where, and to whom it was made; but such allowances in the whole must not exceed five hun- dred dollars against any one estate, provided, that if it appears by the oath to the account and is proven by competent evidence, to the satis- faction of the court, that a voucher for any disbursement or disburse- ments whatsoever, has been lost or destroyed, and that it is impossible to obtain a dujilicate thereof and that such item or items were paid in good faith and for the best interests of the estate, and such item or items were legal charges against said estate, then the executor or admin- istrator shall be allowed such item or items. If, upon such settlement of accounts, it appears that debts against the deceased have been pai\ the judge, payable to the ex- ecutor or administrator, and conditioned for the payment, wh« i required, of his proportion of the debts due from the estate, not e\ iiig the value or amount of the leg:iry or portion of the estate to win he is entitled. .Where the time fur filing or pre.senting claims has ex- ])ired, and all claims that have been allowed, have been paid, or are secured by mortgnjje upon real estate suftieient to pay them, snd the coiut is satistied that no injury can result to the estate, the court may dispense witli the bond; 2. Tlie exeeut8/3. 742; 162/395; 164/312. App. 15/252. § 1706. Citations. Cal. 1 02/395. 89 CODE OF CIVIL PROCEDURE. §s 1707-1723 § 1707. Citations. App. 15/249. § 1708. Citations. Cal. 155/391. § 1713. ClUtions. Cal. 157/430. New trials and appeals. § 1714. Tlie provisions of part 2 of tliis code, relative to new trials and appeals, except in so far as they are inconsistent with the provi- sions of this title, apply to the proceedings mentioned in this title, pro- vided, that hereafter a motion for a new trial in probate proceedings can be made only in cases of contests of wills, either before or after probate and in proceedings under section 1664 of this code. [Amend- ment approved March 20, 1911; Stats. 1911, p. 399.] Citations. Cal. 156/91, 92, 93; 158/3, 4, 5, 6; 159/25, Appeal, when taken. § 1715. Tiie appeal may be taken at any time after the order, decree, or judgment is made or rendered, but not later than sixtj' days after tlie same is entered in the minute book of the court as provided in sec- tion 1704. [Amendment approved March 20, 1911; Stats. 1911, p. 399. j Citations. Cal. 156/90, 91, 92, 93; 158/3, 5, 6, 7. § 1716. Citations. Cal. 159/25. § 1717. Citetlons. Cal. 159/25. § 1719. Citations. Cal. 162/395. § 1720. Citations. Cal. 155/454; 163/345. Disposition of life estates and homesteads. § 1723. If any person has died or shall hereafter die who at the time of his death was th^e owner of a life estate which terminates by reason of the death of such person, or if such person at the time of his death was one of the spouses owning lands as a homestead, which lauds by reason of the death of such person, vest in the surviv- ing spouse; any person interested in the property, or in the title thereto, in which such estates or interests were held, may file in the superior court of the county in which the pxoperty is situated, his verified petition §§ 1724—1726 CODE of civil procedure. 90 setting forth such facts, and thereupon and after such notice by publi- cation or otherwise, as the court may order, the court shall hear such petition and the evidence offered in support thereof, and if upon such hearing it shall appear that such life estate of such deceased person absolutely terminated by reason of his death, or such homestead vested in the survivor of such marriuge, the court shall make a decree to that effect, and thereupon a certified cojiy of such decree may be recorded in the office of the county recorder, and thereafter shall have the ^ame effect as a final decree of distribution so recorded. [Amendment ap- proved April 15, 1913; Stats. 1913, p. 27. In effect August 10, 1918. J Citations. Cal. ]59, 551, 553. 55g. App. HA'.Oi, 603, 504; 19, 189. Death before patent is issued. § 1724. In :iny case where a jierson has entered, or shall have entered. an\' lands iu the I'nited States and has died, or shall die, before patent for the same was issued, or shall have been issued, and patent there- after was, or shall iiave been issued to the heirs of such decedent, any person interested in such lands us heir at law, or the successor in inter- est of such heir at law or the ailministrator, or executor, or heir at law of any of them if deceased, mav file a petition in the superior court of the stote of California in and for the county wherein said land or any part thereof is ^ituate. ;etting forth the date of the death of such deceas('t return to the court a verirte^l inven- tory of the estate of his ward within three months after his appoint- ment. He must annually thereafter, and at such other times as directed by the eourt, render a verified account of the estate of his ward. All the estate of the ward deseribcd in the first inventory must be appraised by appraisers appointed, sworn, and acting in the manner provided for regulating the settlement of the estates of decedents. Such inventory, with the appraisement of the |>roperty therein described, must be re- corded by the elerk of the court in a pro|K>r book kept in his office for that i>iir|iose and whenever any ward is or has been during the guardian- ship confined in a state hospital for the insane in this state a copy of said inventory nui.st be served ujion the secretary of the state commis- sion in lunacy or its attorney. Whenever any other property of the estate of any ward is discovered, not included in the inventory of the estate already returned, and whenever any other property, has been suc- ceeded to, or acquired by any ward, or for his benefit, the like pro- ceedings must be had for the return and appraisement thereof and the service of the same as are herein provided in relation to the first inven- tory and return. If within the time prescribed, or within such further time, not exceeding two months whieh the court or judge shall for rea- sonable cause allow, the guardian neglects or refuses to return the inventory or renilor his account, the court may, upon notice, revoke the letters of guardianship and the guardian shall be liable on his bond for any injury to the estate, or any person interested therein, arising from such failure. [.Amendment approved Mav 19, 1913; Stats. 1913, p. 214. In effect August 10, 19 13. J 93 CODE OF CrV'IL PROCEDURE. §§ 1774-1810a Account of guardian. § 1774. The guardian must upon tbe expiration of a year from the time of his ai>i)ointnient and as often thereafter as he may be required, present his account to the court for settlement and allo'wance; provided, that no account of the guardian of any insane person, who is or has been during such guardiaiisliip confined in a state hospital in this state, shall be settled or allowed unless notice of the settlement of said account shall have been first given to the secretary of the state commission in lunacy or its attorney at least five days before the hearing. The termi- nation of the relation of guardian and ward by the death of either guardian or ward or by the ward attaining his majority or Ijeing re- stored to capacity shall not cause the court to lose, jurisdiction of the .proceeding for the purpose of settling the accounts of the guardian. [Anicudnient approved May 19, 1913; Stats. 1913, p. 215. In effect August 10, 1913. J When income from ward's estate is insufficient. § 1777. When the income of an estate under guardianship is insuf- ficient to maintain the ward and his family or to maintain and educate the ward when a minor, or to pay for his care, treatment and support, if confined in a state hospital for the insane, his guardian may sell his real or personal estate, or mortgage the real estate for that purpose, upon obtaining an order therefor; provided, that no such order shall be granted when the ward is or has been, during the guardianship, con- fined in a state hospital for the insane in this state unless notice of the proceedings shall have been given to the secretary of the state com- mission in lunacy or its attorney at least five days before the hearing. [Amendment approved May 19, 1913; Stats. 1913, p, 215. In effect August 10, 1913.] § 1792. Citations. Cal. 159/469. App. 13/254. § 1801. Citations. App. 15/249, 251. § 1808. Citations. Cal. 158/3. § 1810. Citations. Cal. 156/91; 158/5. — Conveyance by guardian. § 1810a. When a person who is bound by contract in writing to con- vey any real estate, or to transfer any personal property, dies before making conveyance or transfer, and in all cases when such decedent, if living might be compelled to make such conveyance or transfer, the §§ 1810b-185O CODE OF cr\'iL procedubb. 94 court, having jurisdiction of the guardianship proceedings of such minor may make a decree authorizing and directing the guardian of any minor, who has succeeded by distribution to the estate of such deceased per- son, to convey or transfer such real estate or personal property to the person entitled thereto. [New section approved March 15, 1911; Stats. 1911, p. 367.] Attorney's fees against minor fixed by court. § 1810b. All contracts for attorney's fees made by or for the benefit of minors shall be void, and whenever a judgment shall be recovered by or on behalf of a minor, the attorney's fees chargeable against said minor sliall \>c fixed by the court in which said judgment is rendered; and if said judgment is for money, and there is no general guardian of said minor, one shall be appointed by the court, an. i' ."0. § 1829. Citations. App. 16 '.'S70. § 1833. Citations. App. 12/70. § 1835. Citations. Cal. 158/fiUJ; ^rri ■ ■ 1 \,.p l-'. ?4. § 18i4. Citations. Cal. 157/5-Jl: 1C1/G35. § 1845. Citations. Cal. 161/635. App. 8/123. § 1847. Citations. Cal. l.'i7/.->42: 158/65, 689. App. 9/132; 11/467. 555; 12 '95, 5tiO; 1 4/238, 432; 18/554. § 1848. Citations. Cal. 159/638. § 1849. Citations. Cal. 155/164; 159^102. 6:^6. § 1850. Citations. Cal. 158/C25. App. 12.246; 1^701; lS/7r.2. 95 CODE OP CKIL PROCEDURE. §§ 1851-1856 § 1851. Citations. App. 13/701. § 1853. Citations. Cal. l.';9/638. App. 13/478. § 1854. Citations. Cal. l()U/2.")0. App. 8/557; 9/274: 13/701. § 1855. Citations. Cal. 155/200. App. 12/580; 16/571; (siibd. 1) 1(5/57; (subd. 5) 15/574. Pioof of contents of lost public record or document. Abstract of title may be admitted in evidence. § 1855a. When, in any action, it is desired to prove the contents of ■,n.y public record or document lost or destroyed by conflagration or (iiher public calamity a«d after proof of such loss or destruction, there i-< otfered in proof of such contents (a) any abstract of title made and Issued and certified as correct prior to such loss or destruction, and pur- porting to have been prepared and made in the ordinary course of busi- ness by any person, firm or corporation engaged in the business of preparing and making abstracts of title prior to such loss or destruc- tion; (b) any abstract of title, or of any instrument affecting title, made, issued and certified as correct bj' any person, firm or corporation engaged in the business of insuring titles or issuing abstracts of title, to real estate whether the same was made, issued or certified before or after such loss or destruction and whether the same was made from the original records or from abstracts and notes, or either, taken from such records in the preparation and upkeeping of its, or his, plant in the ordinary course of its business, the same may, without further proof, be admitted in evidence for the purpose aforesaid. No proof of the loss of the original document or instrument shall be required other than the fact that the same is not known to the party desiring to prove its contents to be in existence; provided, nevertheless, that any party so desiring to use said evidence shall give reasonable notice in writing to all other parties to the action who have appeared therein, of his in- tention to use the same at the trial of said action, and shall give all such other parties a reasonable opportunity to inspect the same, and also the abstracts, memoranda, or notes from which it was compiled, and to take copies thereof. [Amendment approved December 24, 1911; Stats. Ex. Sess. 1911, p. 64.] Citations. Cal. 163/163, 164, 165, 166, 198, 199, 508, 512, 514. § 1856. Citations. Cal. 161/315, 316: J63/777: 164/186, 282. App. 9/671; 10/754; 11/631; 13/343, 458; 17/44; (subd. 2) 16/767. §§ 1858-1881 CODE OF CIVIL PROCEDURE. 96 § 1858. CitatlonB. Cal. 155/14. App. 8/503; 13/615; 18/10. § 1859. Citations. Cal. 155/14. § 1860. Citations. Cal. 164/417. App. 11/631; 18/157. § 1861. ClUtlons. Cal. 10J,417. App 14y466. § 1864. Citations. App. 8/575; 18/220. § 1866. Citations. App. 17/578. § 1869. Citations. Cal. Ijh/576. § 1870. ClUtlons. Cal. 157/568; 150/C38; 1C2/601; (subd. 2) 158/642; 160/485. 787; (hubd. 3) 157/311; 160/484; (subd. 4) 157/565; (subd. B) 157/44; 160/6t); (subd. 10» 156/233; 157/312; 159/11; 161/385; 163/176, 468. App. 11/708; 13/701: (lubd. 4) 17/22; 18/763; (sobd. 10) 11/620; (subd. 12) 8/033; 10/201; 10/3ia. § 1875. Citations. Cal. (subd. 2) 159/4!)8; (»uhd. 8) 158/134; 160/113. App. 9/35; 11 /.IDS, T!*^ § 1880. Citations. App. 8/743. 744; 10/229: T ••" ^"iVd 1 - . '• ?"' " (subd. 2) 18/295; (subd. 3) 16/581; 18/4!' Cases in which witnesses may not be exammed. § 1881. Tliere are partimlar rehitioii.t in which it is the policy of the law to cnoourage contidonoe aii;t not be nranti'fiv 21. 1013; Stats. 1913, p. 217. In eflFect August 10, 1913.) § 172. Citations. Cal. 155/720; 159/556; 161/69. App. 10/448, 449; 13/171; 14/537. § 174. ClUtlons. Cal. 158/493, § 175. Citations. Cal. 15S/124. 429; 161/141 § 176. Citations. Cal. 158/493. § 193. Citations. Cal. 162/349. App, 12/716. § 195. Citations. App. 12 716. § 196. CiUtions. Cal. 102 349, 350, 351; 164/505, 506, 507. App. 19/110, 484, 48:., -188. Support of illegitimate child. § 196a. The father as well as the mother, of an illegitimate child must give him support and education suitable to his circumstances. 109 CIVIL CODE. §§197-224 A civil suit to enforce such obligations may be maintained in behalf of a minor illegitimate child, by his mother or guardian, and in such action the court shall have power to order and enforce performance thereof, the same as under sections 138, 139 and 140 of the Civil Code, in a suit for divorce by a wife. [New section added May 22, 1913; Stats. 1913, p. 218. In 'effect August 10, 1913. J Custody of minors. § 197. The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or unable or refuse to take the custody or has abandoned his or her family, the other is entitled to its custody, services and earnings. [Amendment approved April 22, 1913; Stats. "l913, p. 52. In effect August 10, 1913.] Citations. App. 14/161. § 199. CiUtions. Cal. 162/351. § 200. Citations. App. 19/110. § 203. Citations. Cal. 162/350, 351. § 204. Citations. Cal. 164/506. § 206. Citations. Cal. 157/670; 158/450; 159/506. App. 15/498. § 207. Citations. Cal. 162/345, 350. § 208. Citations. Cal. 162/496. § 221. Citations. Cal. 164/314. 315. Consent to adoption of children. Abandoned child. Child in orphan asylum. § 224. A legitimate child cannot be adopted without the consent of its parents, if living; nor an illegitimate child without the consent of its mother, if living; except that consent is not necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery or cruelty, and for either cause divorced, or adjudged to be habitually intemperate in the use of intoxicants, or who has been judicially de- §§227-230 CIVIL CODE. 110 prived of the custody of the child on account of cruelty or neglect. Neither is consent of any parent necessary in case of any abandoned child. Any child deserted by its parents without provision for their identification, or relinquished by its parent or parents for the purpose of adoption e.\pressed in writing signed and acknowledged by such parent or parents V)efore an officer authorized to take acknowledgments, or before the secretary of any organization or society engaged in the work of placing dependent or deserted children into homes in this state, which organization or society has obtained a permit therefor, duly executed in writing, from the state board of charities and corrections, shall from the date of such act of desertion or of such relinquishment be deemed to be an abandoned child within the meaning of this section. Any child left in the care and custody of another by its parent or parents, without any provision for its support, for the period of one year, may after such notice to the parent or parents residing within the state and to such other relatives of said child residing within the county as the court shall require, be determined by order of the juvenile court of the county in which said child was so left to be an aban- doned child within the terms of this section. Any abandoned child within the meaning of this section, or any child whose parent or parents have been judicially deprived of its custody on account of cruelty or neglect, maintained by or in the custody of any orphan asylum within this state, any charitable organization or society receiving state aid or receiving cominitnieuts from the juvenile court, may be adopted with the consent of the managers of such orphan asylum, charitable organization or society. Any orphan child for wliose support no provision has been made by any person for a period of one year, but who has been maintained during said year by or in the custody of any or{>^an asylum within this state, any cliaritable organization or society receiving state aid or receiving commitments from the juvenile court, may be adopted with the consent of the managers of such orphan asylum, charitable organization or societv. [.Vmendincnt approved April 2t>, lyi3; titats. iyi;{, p. 95. In effect" August 10, 1913.] Al8u amended April 12. 1911 (SlaK. 1911, p. 699). ClUtlons. Cal. 1C3/521. 5'JJ, 5J4. 525. 527, 628; 164/314, 315. App. 14/160, 161, 164. § 227. Citations. Cal. 1G4/314, 315. 316. App. 18 '120. § 228. Citations. Cal. If.l 314, 315. 316. App. 18/120. § 229. ClUtlons. Cal. 104/314. 315. App. 18/120. § 230. Citations. Col. 157/538, 542, 544, 545, 549; 164/314, 315. App 12/715. Ill CIVIL CODE. §§ 234-290a § 234. citations. Cal. 157/582. § 241. Citations. Cal. 156/244; 162/627, 628. § 246. Citations. Cal. 162/629; (subd. 4) 156/243; 162/495, 497. § 253. Citations. App. 15/249. § 284. Citations. App. 11/405. § 290. Citations. Cal. 155/642; 161/423. App. 15/689; 19/540, 541. Capital stock of trust companies in cities of less than one hundred thousand. In cities of more than one hundred thousand. § 290a, Before the .secretary of state issues any lertificati' of incor- poration to any corporation, authorized in its articles of incorporation to conduct the business of acting as executor, administrator, guardian of estates, assignee, receiver, depositary, or trustee under appoint- ment of any court or by authority of any law of this state or as trustee for any purpose permitted by law, and before he files any amended articles of incorporation authorizing such purposes if the principal place of business of such corporation is in a city of which the popula- tion does not exceed one hundred thousand persons, there must be filed in his office the affidavit of all the directors of such corporation that at least one hundred thousand dollars of the capital stock has actually been subscribed and paid in in cash to a person named in such affidavit, for the conduct of such trust business and for the exclusive benefit and protection of the creditors of such trust business, and if the princi- pal place of business is in a city, the population of which exceeds one hundred thousand persons, there must be filed in his office the affidavit of all the directors of such corporation that at least two hundred thousand dollars of the capital stock has actually been subscribed and paid in in cash to a person named in such affidavit, for the conduct of- such trust business and for the exclusive benefit and protection of the creditors of such trust business and before he issues any certificate of incorporation to any corporation authorized in its articles of incor- poration to engage in the business of banking, or of receiving the money of others on deposit, there must in like manner be filed the affidavit herein that a capital stock, as follows, has actually been subscribed, and paid in in cash to a person named in such affidavit, for the benefit of the corporation: § 290a CIVIL CODE. 112 In places of less than five thousand. (a) In any locality in which the population does not exceed five thousand persons, not less than twenty five thousand dollars if it is incorporated to transact either a commercial or savings business or both, or not less than one hundred twenty-five thousand dollars if it is incor- porated to transact both a commercial and trust business, or not less th^n one hundred twenty-five thousand dollars if it is incorporated to transact both a savings and trust business and not less than one hundred twenty-five thousand dollars if it is incorporated to transact a commercial, savings and trust business. In cities of more than five thousand. (b) In any city in wliiih the jiopulation is more than five thousand persons but does not exceed twenty-five thousand persons, not less than fifty thousand dollars if it is incorporated to transact ehher a com- mercial or savings business or both, or not less than one hundred fifty thousand dollars if it is incorporated to transact both a commercial and trust business, or not less than one hundred fifty thousand liollars if it is incorporated to transact both a savings and trust business, and not less than one hundred and fifty thousand dollars if it is incor- porated to transact a commercial, savings and trust business. In cities of more than twenty-five thousand. (c) In any city in which tlie i»opulation is more than twenty-five thousand persons, but docs not exceed one hundred thousand persons, not less than one hundred thousand dollars if it is incorporated to transact cither a coiiimerrial or savings business or both, or not less than two hundred thousand dollars if it is incorporated to transact both a commercial and trust business, or not less than two hundred thou- sand dollars if it is incorporated to transact both a savings and trust business, and not less than two hundred thousand dollars if it is incor- I)oratcd to transact a commercial, savings and trust business. In cities of more than one hundred thousand. (d) In any city in wliicli tlic population is more than one hundred thousand persons but does not exceed two hundred thousand persons, not less than two hundred thousand dollars if it is incorporated to transact either a commercial or savings business or both, or not. less than four hundred thousand dollars if it is incorporated to transact both a commercial and trust businesss, or not less than four hundred thousand dollars if it is incorporated to transact both a savings and trust busi- ness, and not less than four hundred thousand dollars if it is incor- porateil to transact a commercial, savings and trust business. In cities of more than two hundred thousand. Population. (e) In any city in which the population exceeds two hundred thou- sand persons, not less than three hundred thousand dollars if it is incor- porated to transact either a commercial or savings business or both, or 113 CIVIL CODE. §§ 291-296 not less than five hundred thousand dollars if it is incorporated to trans- act both a coiiiinercial and trust business, or not less than five hundred thousand dollars if it is incorporated to transact both a savings and trust business, and not less than five hundred thousand dollars if it is incorporated to transact a commercial, savings and trust business. For the purposes of this section, the population shown and deter- mincil by the last preceding federal census, or any subsequent census compiled and certified under anj' law of this state, shall be deemed to be the population of any city in which such corporation is to be organized. If the princi|)al ])lace of business of anj' corporation 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 corporation is to have its principal place of business, which is not included witliin the boundaries of any municipal corporation, as such population is shown and determined by such federal or subsequent official census, shall be the basis for classifications under the provisions of this section. [Amendment approved May 8, 1913; Stats. 1913, p. 201. In effect August 10, 1913.] § 291. Citations. App. 14/471, 472, 475, 477, 478, 479, 481; 15/683, 689; 19/540. 541; (subds. 2, 3) 14/480, 481; (subd. 4) 14/481. Subscription and acknowledgment of axticles of incorporation. § 292. The articles of incorporation must be subscribed by three or more persons, a majority of whom must be residents of this state, and acknowledged by each before some officer authorized to take and certify acknowledgments or conveyances of real property. Tlie signature of each person named in said articles of incorporation as directors of such corporation shall be affixed to said articles of incor- poration and acknowledged by each before some officer authorized to take and certifv acknowledgments of convevances of real property. [Amend- ment approved April 26, 1911; Stats.' 1911, p. 1112.] Citations. App. 19/540. § 293. Citations. App. 14/471, 477, 481; 15/683, 689. § 294. Citations. App. 14/471, 477, 481; 15/683, 689. § 295. Citations. App. 14/471, 472, 477, 481; 15/683, 689. S 296. Citations. Cal. 155/647. App. 16/570. 8 §§297-320 CrV'IL CODE. 114 § 297. CitatioDB, Cal. 158/570. § 299. Citations. App. 14/529. 530. § 301. Citations. Cal. 158/348. App. 11/636. § 303. Citations. App. 11/636. § 305. ClUtions. Cal. 158/351; 161/628. 631. App. 11/635. § 308. Citations. Cal. 158/351; 161/631; 163/106. App. 11/635. § 309. Citations. Cal. 156/2'J8. 229; 157/729; 164/467, 468. § 310. Citations. App. 8/712. § 312. Citations. Cal. 157/757, 759. Stock of minors, insane, etc., how represented. § 313. The sliari'S of stock of an e.stato of a minor, or insane person, ni.iy be repre-sentf d by his guardian, and of a deceased person by his e.xcciitor or aiiniinistrator, and, except when otherwise agreed, all shares of stock standing on the books of a cor|ioration in the name of any per- uon as pledgee or trustee, may be represented or votetl by such pledgee or trustee only when such pledgor or beneficial owner fails to represent and vote the same, [.\niendinent approved March 9, 1911; Stats. 1911, p. 318.] Citations. App. 11/74 8. § 315. Citations. App. 11/633. § 316. Citations. Cal. 159 172. 173. App. 10/359. § 319. ClUtions. Cal. 161/626. § 320. Citations. Cal. 161/628. 115 CIVIL CODE. §§321a-331 § 321a. CiUtioM. Oal. 161/628. Voting at stockholders' meetings. Proxy. Eevocation. § 321b. At all inpetinKs of stockluildors of corporations organized iiiiilpr the laws of this .state, or in the case of corporations having no r.ipita! stock, then at ail meetings of the members of such corporation, only the stockholders or members actually present shall be entitled to vote on any proposition, inchuling the election of directors and other otlicers of the corporation, unless proxies from absent or nonattending stockholders or meuibers shall be held by some person or persons present at such meeting and shall be executed in accordance with the provi- sions of this section. Every such proxy must be executed in writing liv the member or stockholder himself, or by his duly authorized attor- nl'v. No proxy heretofore given or made shall be valid after the expira- tion of eleven months from the passage of this act, unless the member or stockholder executing it shall have specified therein the length of time for which such proxy is to continue in force, which must be for some limited period, and in no case to exceed seven years from the ilate of the execution of such proxy. No proxy hereafter to be given or made shall be valid after the expiration of eleven months from the liate of its execution, unless the member or stockholder executing it shall have specified therein the length of time for which such proxy is to continue in force, which must be for some limited period, and in no case to exceed seven years from the date of the execution of such proxy. Kvery proxy shall be revocable at the pleasure of the person executing it; but a corporation having no capital stock may prescribe in its by- laws the persons who may act as proxies for members, and the length of time for which such proxies maj' be executed. Executors, adminis- trutors, guardians and trustees may give proxies. [Amendment ap- proved May 20, 1913; Stats. 1913, p. 230. In effect August 10, 1913.] § 322. Citations. Cal. 158/277, 279, 281; 160/579, 580, 581, 585, 586, 537. App. 10/577; 13/27; 16/405, 414; 18/738; 19/128. § 323. Citotions. Cal. 157/633. . § 324. Citations. Cal. 157/575, 576, 578; 164/136, 672. App. 18/737; 19/131, § 325. Citations. Cal. 156/35. § 331. Citations. App. 9/531; 15/158, 159. §§ 332-347 CIVIL CODE. 116 § 332. Citations. Cal. 157/446. App. 9/531. ' § 333. Citations. App. 9/531. § 334. Citations. Cal. 160/449, 450. § 336. Citations. App. 9/532. § 337. Citations. App. 9/532. § 338. Citations. App. 9/532. § 339. Citations. App. 9/532. § 340. Citations. App. 15/87. § 343. Citations. Cal. 163/738, 739. § 344. Citations. Cal. 163/739. Extension of time of delinquent stock sale. § 345. The dates fixed iu any notice of assessment or notice of Jelin- quoiit sale, luiblislied aci-ording to the provisions hereof, may be ex- tended from time to time for not more than thirty days, by order of the directors, entered on the records of the corporation, or by the secre- tary, or assistant secretary, of the corporation when delinquent sale is restrained by order of court, or by judge thereof; but no order extend- ing the time for the performance of any act specified in any notice is effectual unless notice of such extension or postponement is appended to and published with the notice to which the order relates. [Amend- ment approved May 20, 1913; Stats. 1913, p. 229. In eflfect August 10, 1913.] Citations. Cal. 160/448, 449. 450. § 346. Citations. Cal. 160/448, 449, 450. App. 9/531, 532. § 347. Citations. Cal. 153/351. App. 15. 88. 117 CIVIL CODE. §§ 349-409 § 349. citations. Cal. 160/449. App. 9/531, 532; 15/86. § 354. Citations. App. (subd. 8) 11/395. § 358. Citations. App. 13/385, 386, 388; 16/571. § 359. Citations. Cal. 157/729; 159/209, 218, 220, 221, 222, 223; (subd. 5) 163/ 105. App. 19/544, 545, 546. § 360. Citations. App. 14/320. § 361a. Citations. Cal. 161/630. § 362. Citations. App. 19/541, 542, 544. § 377. Citations. App. 10/359. § 378. Citations. Cal. 157/581; 163/771. § 388. Citations. App. 17/346. § 400. Citations. Cal. 156/95, 102. App. 14/270, 271. § 405. Citations. Cal. 156/467, 469; 163/281; 164/329. App. 9/285, 286, 287; 12/447, 448, 449, 703; 13/60; 15/696; 18/492. § 406. Citations. Cal. 156/469; 163/281. App. 9/285, 286; 12/703; 15/696; 18/492. § 407. Citations. Cal. 156/469; 164/232, 233. App. 10/72, 73; 15/682, 683, 684, 694, 695, 696, 697, 699. § 408. Citations. Cal. 156/469; 163/289. App. 10/74; 13/60; 15/694, 696. § 409. Citations. Cal. 163/279, 588. App. 15/696. §§410-421 crviL CODE. 118 Foreign corporations failing to comply with law. § 410. Every corporation organized under the laws of another state, or territory, or of a foreign country, which shall neglect or fail, within ninety days from the taking effect of this section, to comply with the conditions of sections 408 and 409 of this code, shall be subject to a fine of not less than five hundred dollars, to be recovered in any court of competent jurisdiction; and it is hereby made the duty of the secretary of state, as he may be advised that corporations are doing business in contravention of sections 408 and 409 of this code, to report the fact to the governor, who shall instruct (1) the district attorney of the county wherein such corporation has its principal place of business, or (2) the attorney general of the state, or both, as soon as practicable, to institute proceedings to recover the fine provided for in this section, and the amount so recovered must be paid into the state treasury to the credit of the general fund of the state; in addition to which penalty, no foreign corporation which shall fail to comply with sections 408 and 409 of this code can maintain any suit or action in any of the courts of this state, or acquire or convey any legal title to any real property within this state, until it has complied with said sections; provided, that any such corporation which, prior to the eighth day of March, nineteen hun- dred and one, shall have complied with the provisions of the act entitled "An act to amend 'An act in relation to foreign corporations,' approved April first, eighteen hundred and seventy-two," approved March seven- teenth, eighteen hundred and ninety-nine, is exempted from the provi- sions of this section and the two sections next preceding. [Amendment approved April 26, 1911; Stats. 1911, p. 1113.] Citations. Cal. 164/3J9. .\pp. 15/696. Investments of Insurance companies. Policy loans. § 421. ('ompanios organized under the laws of this state for the transaction of business in any kind of insurance may invest their capital and accumulations in the following named securities: 1. In the purchase of, or loans upon interest-bearing bonds of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal aniovisions provided above. Any life insurance policy issued upon the life of a resident of this state, and delivered within this state, which does not contain an auto- matic nonforfeiture value in conformity ■ with the foregoing shall be construed as granting nonparticipating term insurance, as provided in paragraph first of this section, and such a benefit shall be read into the contract. 123 CIVIL CODE. §§452a-453s The provisions of this section shall not apply to annuities, industrial policies or to term contracts issued for periods of twenty years or less. [Amendment approved May 1, 1911; Stats. 1911, p. 1272.] Formation of mutual benefit associations. § 452a. Associations of any nunihor of persons may be formed for the purjiose of paying the nominee of any member a sum, upon the death of the member, not exceeding three dollars for each member of the association, but not exceeding, in any case, the sum of three thousand dollars. Such association may be formed by filing articles of incorpora- tion in the office of the clerk of the county in which the principal place of business is situated and a certified copy of such articles of incor- poration, duly certified by the county clerk, in the office of the secretary of state. Such articles must state the name of the corporation, its general purposes, its principal place of business, its term of existence, not exceeding fifty years and the names and residences of the directors selected or appointed to serve for the first year. The articles of in- corporation must be signed by not less than twenty-five members of such association and must be acknowledged by them as required bv section 292. [Amendment approved April 2, 1913; Stats. 1913, p. 12. 'in effect August 10, 1913.] A new chapter is hereby added to the Civil Code, to be known as chapter 7, of title 2, of part 4, of division first, of said Civil Code, relating to title insurance corporations, and to read as follows: CHAPTER VII. Title Insurance Corporations. Sec. 453s. Title insurance companies subject to insurance laws and to insurance commissioner. Sec. 453t. Guarantee fund and investments. Sec. 453u. Title insurance surplus fund. Sec. 453v. Policy of title insurance defined. Sec. 453w. Further powers of title insurance companies. Sec. 453x. Combined title insurance and trust company. Sec. 453y. Must have certificate of insurance commissioner. Sec. 453z. Loans to directors, officers and employees. [Nev? chapter added June 6, 1913; Stats. 1913, p. 490.] Title insurance companies subject to insurance department. § 453s. Every title insurance company shall be subject to and shall comply with all the requirements of the insurance laws and the rules and regulations of the insurance department of this state, and the insurance commissioner shall have the same power and authority re- garding any such corporation that he ma\' exercise in relation to other insurance corporations organized under the laws of this state, includ- § 453t CIVIL CODE. 12i ing the right to examine and inspect the financial condition and afiFairs of sueh company relating to the insurance business of such company, and to compel compliance with the provisions of law governing any such corporation. [New section approved June 6, 1913; Stats. 1913, p. 490. In effect August 10, 1913.] Guarantee fund securities. Evidence of title to real property. Value of property. Cost of examination. Plant. § 453t. P^very title insiiraine coinpany, before issuing any guaranty or policy of insurance shall deposit as a "guarantee fund" for the benefit of the holders of such guaranties and policies of insurance, the sum of one hundred thousand dollars in the securities mentioned in subdivi- sions 1, 2, 3, 4 and 5 of section 421 of the Civil Code, in which the capital and accumulations of insurance companies are allowed by the laws of this state to be invested. Said securities shall be subject to the approval of the insurance commissioner, and shall be deposited with the treasurer of state, and said treasurer shall give his receipt therefor, and the state shall be responsible for their custody and safe return. Said securities so deposited may be exchanged from time to time, with the approval of the insurance commissioner, for other securities re- ceivable as aforesaid, and so long as the company so depositing said securities shall continue solvent, said company shall have the right and shall be |)orniitted by the state treasurer to receive the interest and dividends on the securities so deposited. Said securities shall be subject to sale and transfer and to the disposal of the proceeds by said treas- urer, only on the order of a court of competent jurisdiction, and for the benefit of the holders of such guaranties and policies of insurance. When any part of such deposit is made in bonds secured by mortgages or deeds of trust of real property, or in loans upon real property secured by mortgages or deeds of trust, such mortgages or deeds of trust shall be accompanied by evidence of title issued by a person, company, or corporation designated or apjiroved by the insurance commissioner and autliorized by law or otherwise found by the insurance commissioner to \)e competent to issue such evidence of title. Such evidence of title shall consist either of a full abstract of title, a full certificate of title, or a policy of title insurance, and such evidence of title shall be ex- amined and approved by or under the direction of the insurance com- missioner. The value of the property covered by each such mortgage or deed of trust, shall be appraised by one or more appraisers selected or approved by the insurance commissioner. The appraisers shall be rositiciits of the county in which the property or some part thereof is situated. The reasonable cost of examining such evidence of title and of making sucli appraisement, shall be ]iaid by the title insurance com- pany making such deposit, and shall not exceed twenty dollars for ex- amining the title to the property covered by each mortgage or deed of trust, nor five dollars for each appraiser, not exceeding two, besides the necessary expenses of such appraisers. Any such corporation or- 125 CIVIL CODE. §§ 453u-453w ganized under the laws of this state and having a capital stock paid in, in cash, of more than one hundred thousand dollars and after depositing said guarantee fund as above provided, may invest an amount not ex- ceeding fifty per cent of its subscribed capital stock in the preparation and purchase of materials or plant necessary to enable it to engage in such title insurance business; and such materials or plant shall be deemed an asset, valued at the actual cost thereof, in all statements and proceedings required by law for the ascertainment and determina- tion of the condition of such corporation, or at such lesser value as may be estimated by such corporation in any such statement or proceed- ing, or omitted entirely therefrom. [New section aooroved June 6, 1913; Stats. 1913, p. 490. In effect August 10, 1913.] "Title insurance surplus fund." Dividends. § 453u. Every title insurance company shall annually set apart a sum equal to ten per cent of its premiums collected during the year, which sums shall be allowed to accumulate until a fund shall have been created equal in amount to twenty-five per cent of the subscribed capital stock of such corporation. Such fund shall be maintained as a further security to holders of the guaranties and policies of insurance issued by such corporation, and shall be known as the "Title insurance surplus fund"; and if at any time such fund shall be impaired by reason of a loss, the amount by which it may be impaired shall be restored in the manner hereinabove provided for its accumulation. The reporting of a loss shall be deemed an impairment of such fund for the purposes of this section. Such corporation must not make any dividends except from profits remaining on hand after retaining unimpaired: 1. The entire subscribed capital stock. 2. The amount set apart as a surplus fund under the provisions of this section. 3. A sum sufficient to pay all liabilities for expenses and taxes, and all losses reported or in course of settlement, without impairment of the title insurance surplus fund required to be set apart as hereinabove pro- vided. [New section approved June 6, 1913; Stats. 1913, p. 491. In effect August 10, 1913.] Policy of title insurance defined. § 453v. Any written contract or instrument purporting to show the title to real property, or furnish information relative thereto, which shall in express terms purport to insure or guarantee such title or the correctness of such information, shall be deemed a policy of title in- surance. [New section approved June 6, 1913; Stats. 1913, p. 491. In effect August 10, 1913.] May guarantee notes and bonds. § 453w. Every title insurance company organized under the laws of this state shall also have power to guarantee or insure the identity, due § 453x cmL CODE. 126 execution, and validity of any note or bond secured by mortgage or trust deed, and the identity, due execution and validity and recording of any such mortgage or trust deed, and the identity, due execution and validity of bonds, notes or other evidence of indebtedness issued by this state, or by any county, city and county, city, school district, irriga- tion district or other municipality or district therein, or by any private or public corporation, and to act as registrar or transfer agent of this state, or of any county, city and county, city, school district, irrigation district, or other municipality or district therein, or of any i>rivate or public corporation, and to transfer or countersign any such bonds, notes, or other evidf^nce of indebtedness and to transfer or countersign certifi- cates of stock of anv private or public corporation. [New section ap- proved June 6, 1913;* Stats. 1013, p. 491. In effect August 10, 1913.] May do trust business. Consent of superintendent of banks, and of insurance commissioner. Title department subject to inaurance laws. Trust department subject to banking laws. § 453z. Any title insurance corporation incorporated under the gen- eral incorporation laws of this state, authorized by its articles of in- corjjoration to act as executor, administrator, guardian, assignee, receiver, depositiiry, agent or trustee, or to do a general trust business, and having a capital of not less than three hundred thousand dollars actually paid in, in cash, may also do business as a trust company, and maintain a trust department as well as a title insurance department, on com- pliance with the following conditions: 1. When such title insurance company desires to do such a depart- mental business, it shall first obtain the consent of both the superintend- ent of banks and of tlic insurance commissioner, and in its application for such consent, must file a statement making a segregation of its capital and surplus for each such department. At least two hundred thousand dollars of its oajiital must be apportioned by such statement to its trust (Icpartnicnt. The respective portions of such capital and surplus, when such apportionment has been approved by the superin- tendent of banks and by the insurance commissioner, shall be considered and treated as the separate capital and surplus of each such depart- ment respectively, as if each such department was a separate business. 2. Such company, as to its title insurance department, shall be sub- ject to and shall comply with all the requirements of the insurance laws and the rules and regulations of the insurance dei>artment of this state, and may invest its capital apportioned to its title insurance de- partment, and the accumulations therefrom, in the securities in which the capital and accumulations of insurance companies are allowed by the laws of this state to be invested, including the materials and plant necessary to enable it to engage in the title insurance business, as pro- vided in this chapter. 3. Such company, as to its trust department, shall be subject to and shall comply witli all the requirements of the banking laws and the i 127 CIVIL CODE. §§453y, 453z rules and regulations of the state banking department of this state, and may invest its capital apportioned to its trust department, and the accumulations therefrom, and trust funds received by it, in accordance with the laws of this state relative to the investment of funds of trust companies. [New section approved June 6, 1913; Stats. 1913, p. 492. In effect August 10, 1913.] Certificate of insurance commissioner necessary. § 453y. No corporation shall make any contract or issue any policy of guaranty or insurance affecting titles to real estate, or engage in the business of a title insurance company, until it has obtained from the insurance commissioner his certificate that such company has complied with the provisions of this chapter and is duly authorized to do business as such title insurance company; provided, however, that any corpora- tion heretofore organized under the laws of this state fo^ the purpose of issuing policies of insurance affecting title to real estate, or for the purpose of carrying on, and which is actually engaged in the business of title insurance, or of issuing policies of insurance affecting titles to real estate, shall be subject to and shall be entitled to all the rights and privileges of a title insurance company under the provisions of this chapter, by depositing with the state treasurer the guarantee fund re- quired to be deposited by title insurance corporation; provided, such deposit is made at any time prior to the first day of January, A. D. 1914, and any such corporation heretofore organized shall have the right to continue to transact such business until said date; and pro- vided, also, that the failure to deposit said guarantee fund prior to said date shall be deemed an abandonment of all such rights and privileges. [New section approved June 6, 1913; Stats. 1913, p. 492. In effect August 10, 1913.] No loans to officers. Penalty. § 453z. No loan shall be made by any title insurance company, di- rectly or indirectly, to any of its officers or directors or employees or to any member of the family of any officer or director. Any officer, director, agent or employee of any such company who knowingly consents to any violation of the terms or provisions of this section shall be guilty of a misdemeanor. [New section approved June 6, 1913; Stats. 1913, p. 493. In effect August 10, 1913.] §§453aa,453bb civil code. 128 A new chapter is hereby added to title 2 of part 4 of division first of the Civil Code to read as follows: CHAPTER Vm. Mortgage Insurance. Sec. 45.3aa. Mortgage insurance companies subject to insurance laws and to insurance commissioner. Sec. 4.53bb. Policy of mortgage insurance defined. Sec. 45.3cc. Capital stork of mortgage insurance companies. Sec. 453dd. Kind and anioiint of securities that may be guaranteed. Sec. 453ee. Guaranteed inortgagf^s and trust deeds to be legal invest- ments. Premiums may be paid from income. Sec. 453ff. Must have certificate of insurance commissioner. Sec. 4.53gg. Tioans and investments. Sec. 453hli. Quarterly reports to insurance commissioner. [New chapter added June 6, 1013; Stats. 1913, p. 478. In effect August 10, 1913.] Power of insurance commiseioner over mortgage insurance corporations. § 453aa. The insnrancp commissioner shall have the same power an. 1914; providoil. also, that the failure of such company to obtain the certificate of the insurance commissioner required by the terms of this act on or before said date shall terminate such right to transact such business until such certificate shall be obtained. [New section approved June 6, 1913; Stats. 1913, p. 480. In effect August 10, 1913.] Investments of mortgage insurance companies. § 453gg. A mortgage insurance conij>:niy may invest its capital and accumulations in the following named securities: 1. In the purchase of, or loans upon interest-bearing bonds of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. 2. In the purchase of, or loans upon interost-liearing bonds of any of the states of the United States not in default for interest on such bonds, 131 CIVIL CODE. § 453hh including 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. 3. In the purchase of, or loans upon interest-bearing bonds of any of the counties and incorporated cities and towns, and duly organized school districts of any state or territory of the United States not in default for interest on such bonds. 4. In the purchase of, or loans upon interest-bearing bonds of irriga- tion districts as provided or authorized by section 8 of an act entitled "An act relating to bonds of irrigation districts, providing under what circumstances such bonds may be made legal investments for the funds of banks, banking associations, trust companies, insurance companies, and for the state school funds and trust funds, and providing for the deposit of such bonds as security for public moneys, and providing for a commission for approving certain bonds of irrigation districts, for a report thereon, for the filing of such report, for a certificate of the state controller, and for the recording of such bonds in the office of the state controller," approved December 18, 1911. 5. In loans secured by mortgage or deed of trust upon unencumbered real estate, improved or unimproved, or in the purchase of, or loans upon notes or bonds so secured; provided, that the principal so loaned, or the entire note or bond issue under such mortgage or deed of trust shall not exceed sixty per centum of the market value of such real estate with improvements taken as security; and provided, further, in case said loan is made, or said note or bond issue created for a building loan on real estate, that at no time shall the principal so loaned, or the entire 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. No mortgage insurance company shall invest in, hold or own any of the capital stock of any other corporation, nor make any loan, in whole or in part, on the security of the capital stock of any other corporation. [New section approved June 6, 1913; Stats. 1913, p. 480. In effect August 10, 1913.] Quarterly reports. Facts covered in case of entire mortgage guaranty. In case of mortgage participation certificates. Appraisement of property. Appraisement verified. Penalty for failure to report. § 453hh. Every mortgage insurance company shall make a report in writing to the insurance commissioner, which report shall be made quar- terly, and shall be verified by the oath of its president or vice-president, and its secretary or treasurer or of any two of its principal officers. Such report shall contain a statement of each new policy of mortgage insur- ance issued by such company since the last preceding report, stating spe- cifically whether such policy relates to an entire mortgage guaranty, or to a mortgage participation certificate or certificates. When such policy relates to an entire mortgage guaranty, such report shall specify separately the following facts regarding the loan on which the guaianty is based, and regarding the security therefor, namely; § 453hh CIVIL CODE. 132 1. The aggregate amount of principal loaned. 2. A description of the property securing the loan. 3. Separately, the market value of the land and the market value of the improvements thereon, if any, as shown by the appraisement provided for by the terms of this section, and the aggregate value of such land and improvements. 4. The book and page of the record of the mortgage or mortgages, and deed or deeds of trust securing the loan. When such policy relates to a mortgage participation certificate or certificates, such report shall specify separately in connection with each such certificate, the following facts regarding the loan or loans on which the participation certificate or certificates are based, and regarding the security or seciiritifs therefor, namely: 1. The aggregate amount of principal loaned evidenced by the note or notes, or bond or bonds secured by the mortgage or mortgages, or deed or deeds of trust referred to in such certificate or certificates, and constituting the security on which such mortgage participation certificate or certificates are based, and, separately, the amount of principal secured by each such mortgage or deed of trust. 2. A description of the property securing the loan under each such security. 3. Separately, the market value of the land and the market value of the improvements thereon, if any, securing the loan under each such security, as shown by the appraisement prorided for by the terms of this section, and the aggregate value of such land and improvements. 4. The book and page of the record of each such mortgage or deed of trust constituting such security. ."). The aggregate amount of such participation certificates issued against the mortgage or mortgages, or deed or deeds of trust forming tlie security for such participation certificate. There shall he filed with such report an appraisement of each sep- arate parcel of property taken as security as mentioned in such report as above required, which appraisement shall be made by a person or corporation approved b}' the insurance commissioner. In such appraise- ment the market value of each parcel of land and of the improvements thereon, if any. and the aggregate ralne of such parcel of land and improvements shall be stated, together with a general statement of the character of such land and of the kind and condition of such improve- ments, if any. Such appraisement shall be signed and verified by such appraiser, or by an oflicer of the corporation making such appraisement, and shall be accompanied by a certificate signed anil verified by at least three direct- ors of such mortgage insurance company to the effect that in the opin- ion of the afliants, and each of them, such appraisement is correct, and that in their opinion the amount thereof does not exceed the market value of the property, and that the principal amount loaned on the security of such property does not in their opinion exceed sixty per 133 CIVIL CODE. §§ 465-497 centum of the market value of such property and, also, to the effect that said company has in its possession or control evidences of title consist- ing of either a full abstract of title, a full certificate or guaranty of title, or a policy of title insurance, showing that the mortgage or deed of trust securing such loan is a first lien upon a marketable title in fee to the property covered thereby. In case of the neglect or failure of any such mortgage insurance com- pany to make any such quarterly report as herein provided, such com- pany shall be liable therefor, and shall forfeit to the state of California ten dollars per day for every day during which such neglect or failure continues; provided, however, that the insurance commissioner shall have the authority to extend the time within which any such report may be filed for not exceeding a period of ten davs. [New section approved June 6, 1913; Stats. 1913, p. 482. In effect' August 10, 1913.] § 465. Citations. Cal. 157/367, 368, 369, 370; 163/545, 548; (subd. 4) 157/368, 369; 158/439, 440; (subd. 5) 157/368, 369, 370, § 468. Citations. Cal. 163/713, § 470. Citations. Cal. 157/367, 368; 161/282; 163/545, 546, § 475. Citations. Cal. 163/548. § 477. Citations. Cal. 163/549, § 483. Citations. Cal. 161/32, 33, 34, 35. App. 14/196, 197. § 484, Citations. Cal. 161/32, 33, 34, 35, 39, 41. § 485. Citations. App. 9/458, 461; 11/283. § 486. Citations. App. 9/23; 18/413. § 497, Citations. App. 14/472, 473, 474, 475. § 499 CIVIL CODE. 134 City trustees may permit two or more street railway lines to use same tracks. § 499. The legislative body of any incorporated city, city and county, or town, may permit two or more lines of street railway to use the same portion of the same street or the same tracks upon such terms as may be agreed upon by the companies operating such railways; but no permission shall be granted to one company to use the same tracks or portions of the same street for a distance of more than five consecutive blocks, without the consent of the person or company occupying said portion of the street and then only upon payment of an equal portion of the cost of construction of the tracks and appurtenances used by such railways jointly; provided, that any incorporated city, city and county, or town may own and operate street railways within or without the municipal limits, and may occupy the same street or tracks occupied or used by any street railway within its limits for any number of blocks upon payment to the owner thereof of an equal portion of the esti- mated cost of construction, at the time of such occupation, of such tracks or appurtenances as such city, city and county, or town may elect to use jointly with said street railway. Where such portion of such street shall be occupied by a track or tracks of a dlflferent gauge from the track or tracks proposed to be constructed thereon by a line of street railway under a different management, such last-mentioned line of street railway may nevertheless construct its track or tracks, subject to the limitation before prescribed, over the same ground as may be occupied by such prior track or tracks; provided, the same can be so constructed as not to interfere with the operation of such prior track or tracks beyond such necessary interference therewith as shall be incident to such construction with reasonable skill, care and diligence. [Amendment approved April 24, 1911; Stats. 1911, p. 1101.] At the same session another § 499 was adopted as follows: Two lines of railway may use streets. City may use. Tracks of different gauge. § 499. The legislative body of any incorporated city, city and county, or town, may permit two or more lines of street railway to use the same portion of the same street or the same tracks upon such terms as may be agreed upon by the companies operating such railways; but no per- mission shall be granted to one company to use the same tracks or por- tion of the same street for a distance of more than five consecutive blocks without the consent of the company occupying said portion cl the street and then only upon payment of an equal portion of the cost of construction of the tracks and appurtenances used by sucH railways jointly; provided, that any incorporated city, city and county, or town, may own and operate street railways within or without the municipal limits, and may occupy the same street or tracks occupied or used by any street railway company within its limits upon payment to such company of au equal portion of the estimated cost of construction, 135 CIVIL CODE. §§ 501-58C at the time of such occupation, of the tracks or appurtenances to be used jointly by said company and said city, city and county, or town. Where such portion of such street shall be occupied by a track or tracks of a different gauge from the track or tracks proposed to be constructed thereon by a line of street railway under a different management, such last-mentioned line of street railway may nevertheless construct its track or tracks, subject to the limitation before prescribed, over the same ground as may be occupied by such prior track or tracks, provided, the same can be so constructed as not to interfere with the operation of such prior track or tracks beyond such necessary interference there- with as shall be incident to such construction with reasonable skill, care and diligence. [Amendment approved February 15, 1911; Stats. 1911, p. 60.] At the same session another J 499 was adopted. See ante, preceding section. Citations. Cal. 158/94. § 501. CiUtions. App. 10/793, 795. § 502. Citations. Cal. 155/649. § 509. Citations. App. 14/473, § 510. Citations. App. 14/480. § 516. Citations. App. 17/337, 348, 349, 351. § 536. Citotions. Cal. 160/111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 125, 126, 130, 131; 161/272, 273, 274, 275, 277, 279, 280, 283; 163/680; 164/159, 160, § 551. Citations. Cal. 159/750, 752, 753, 754. App. 16/779. § 552, Citations. Cal. 157/93; 160/618. App. 8/169. § 873. Citations. Cal. 160/377. § 586. Citations. App. 9/531. §§ 587-598 § 587. Citations. CIVIL CODE. 136 App. 9/531. § 588. Citations. App. 9/531. § 589. Citations. Gal. 104/502, 503. App. 9/531. § 590. Citations. App. 9/531. Benevolent corporations. § 593. Any uiiiiiber of persons, associated together for any lawful purpose other than pecuniary profit, may incorporate their said associa- tion, as provided in this title. [Amendment approved May 1, 1911; Stats. 1911, p. 1434.] At the same session another § 59.3 was adopted, as follows: Corporations not for profit. § 593. Any number of persons associated together for any purpose, where jieiuniary profit is not their object, and for which individuals may l.iwfully associate themselves, may, in accordance with tlie rules, regulations, or discipline of the association, elect directors, the number thereof to be not less than three nor more than thirty one, and may incorporate themselves as provided in this title. [.Vmendment approved February 24, 1911; Stats. 1911, p. 77.] At the Slime session another { 593 was ' adopted. Sec supra. Citations. Cnl. 156/468, 469. ^ What articles of incorporation must show. § 594. [ReiH'.iled May 1, 1911; Stats. 1911, p. 14.3J.] Selling, etc., real property of religious corporations. Hearing on petition. Power to grant easements. erty is situated. To this end said corporation shall file with the ch of said court a verified petition, describing the property aflfected, show- ing that the selling, mortgaging, aliening, encumbering, or granting of said property is for its interest, ar.d praying that leave therefor be granted. Thereupon the court shall make an order reciting that said leave has been prayed for, describing the property atfected, an. I fixing a time and itlace for the hearing of the petition. Thereafter copies of said order shall be kejit posted conspicuously for a period of ten 137 CIVIL CODE. § 599 days at the following places: (1) on the real property affected; (2) at the place where the court is held; (3) at any other public place in said county where the said court shall direct. At the time set for the hear- ing the court must require proof that said notice has been faithfully given; and any member may appear and oppose or support the granting of the leave. If satisfied that it is for the interest of said corpora- tion, said court shall thereupon grant said leave, and may authorize the said corporation to sell and convey its said property and to incur indeVjt- edness and secure the same by deed of trust or mortgage upon its said real property; provided, however, that any such corporation shall have the power by resolution, entered upon the minutes of such corporation, to grant easements to municipal or other puVjlic corporations for public street, alley or highway purposes and rights of way for publicly owned utilities and public uses, upon the approval of the superior court of the county wherein the real property of such corporation is situated, obtained in the same manner as herein provided for the selling, mort- gaging, aliening or encumbering of its said property. [Amendment ap- proved June 10, 1913; Stats. 1913, p. 565. In effect August 10, 1913.] Also amended May 1, 1911 (Stats. 1911, p. 1434). Citations. Cal. 156/4G8. By-laws of corporations not for profit. § 599, Corporations now organized or that may hereafter be organ- ized for pur]ioses other than profit, may, either in their by-laws, ordi- nances, constitutions, or articles of incorporation, provide for: 1. The qualification of members, niode of election or appointment, and terms of admission to membership; 2. The fees of admission and dues to be paid to their treasury by members; 3. The number of persons that shall constitute a quorum at any meet- ing of the corporation, and the number of directors who shall constitute a quorum at any meeting of the board of directors, and that an elec- tion of officers of the corporation by a meeting so constituted, or the appointment or selection of such officers, or any of them, in any man- ner required by the rules, regulations, or discipline of any specified religious denomination, society, or church, shall be as valid as if made at an election at which a majority of the members of the corporation were present and voted; 4. The expulsion and suspension of members for misconduct or non- payment of dues, also for restoration to membership; 5. A special method of organizing the board of directors, and a spe- cial method of increasing or diminishing the number of directors within the limits as to number prescribed by section 593 of this code; 6. Contracting, securing, paying, and limiting the amount of their indebtedness; 7. That the rules, regulations, or discipline, for the time being, of any specified religious denomination, society, or church, shall always be §§ 603-604a crvn. code. 138 a part of their by-laws, ordinances, constitutions, or articles of incor- poration; 8. Otiier regulations not repugnant to the constitution or laws of the state and consonant with the objects of the corporation. [Amendment approved February 24, 1911; Stats. 1911, p. 77.] § 603. The old § 60.3 was repealed May 1, 1911, Statutes of 1911, page 1435. A new § 603 was enacted. The new section is as follows: Incorporation of religious associations. § 603. Any religious association or body of this state, composed of constituent churches, parishes, congregations, societies or missions which have a common convention, synod, countil, assembly or conference, may incorporate under the provisions of this title. The articles of incor- poration shall set forth the proceedings authorizing the incorporation of such association, the time and place at which they were had, the manner in which, and the terms for which, the directors or trustees named in the articles of incorporation were chosen, and that said pro- ceedings were in accordance with the constitution, by laws, discipline, canons, rules and regulations of such association. The articles of incor- poration need be subscribed and acknowledged only by the presiding officer, and clerk, scribe, or secretary of such association; but they must make affidavit, which shall be appended to the articles, that they sub- scrilied and acknowledged the articles of authority of such association, and that the statements therein contained are true to the best of their knowledge, information and belief. [New section approved May 1, 1911; 8tats. r.Ul, p. 1435.] Head office, annual election, etc. § 604. .\ny corporation organized under section 603. or under section 603 or section 604 as thej' existed before this amendment, must main- tain its linad office at the place where, as set forth in its articles of incorporation, its principal business is to be transacted; but may pro- vide in its by laws that the annual meeting and annual election shall be hold at such other place as may from time to time be designated by the directors or trustees. Any such corporation may hold and admin- ister not only the common property, funds, and money of such corpora- tion, but also the property, funds, and money of any constituent church, parish, congregation, society, or mission; and in so far as the land held by any such corporation is held or used for church, hospital, school, col- lege, asylum, jiarsonage, or cemetery purposes, the limitation declared in section 595 shall not applv. [Amendment approved May 1, 1911; Stats. 1911, p. 1435.] Formation of religious corporations. Directors. By-laws. Attesting certificate of incorporation. Powers. § 604a. For the administration of the temporalities, ami for the management of the property and estate of any church, diocese, synod, 139 CIVIL CODE. § 607e or district or other organization of such church, or for the administra- tion of tile ten)i)oralities, and for the management of the property and estate of any religious society or order, community, or other organiza- tion of said religious society or order, any church, diocese, synod, or other organization of such church, or any community or other council, or other organization of any such religious society or order, or of any community or other organization of such religious society or order, may elect directors and become an incorporation in the manner prescribed in this title, and with all the powers and duties and for the uses and purposes in this title provided for benevolent or religious incorporations, and subject to all the limitations and provisions in said title prescribed, except as otherwise provided in this section; provided, that directors of any such incorporation may be elected and by-laws for its govern- ment may be made and amended in accordance with the constitution, by-laws, discipline, rules and regulations of such church, diocese, synod, or district or other organization of such church, or in accordance with the constitution, by-laws, discipline, rules and regulations of such religious society or order, or of any community, or other organization of such religious society or order, at any meeting; and provided, the certificate of incorporation and of the election of directors to be filed shall be sufficiently attested by the signatures of the presiding officer, president, or other head, and acting secretary of such church, diocese, synod, or other organization of such church, or of the community or other council, or other organization of such society or order, and that the limitations of section 595 shall not apply to corporations formed under this section when land is held or used for churches, hospitals, schools, colleges, asylums, or parsonages. Every corporation formed pur- suant to the provisions of this section shall have power to contract in the same manner and to the same extent as a natural person, and may sue and be sued, and may defend in all courts and places in all matters and proceedings whatsoever, and shall have authority to borrow money, give promissory notes therefor, and secure the payment thereof by mort- gage or other lien upon property, real or personal, and may buy, sell, lease, mortgage and deal in real and personal property in the same manner that a natural person may, subject, however, to the provisions of section 598 of this code; and may receive bequests and devises for its own use, or upon trusts, to the same extent as a natural person, subject, however, to the provisions of section 1313 of the Civil Code of the state of California, and may appoint attorneys in fact. [New section approved June 10, 1913; Stats. 1913, p. 566. In effect August 10, 1913.] Compensation of societies for prevention of cruelty. Urgency measure. § 607e. Every society, incorporated and organized for the preven- tion of cruelty to animals, or for the prevention of cruelty to chil- dren, may, in each city, or city and county, or county, where such society exists, while actively engaged in enforcing the provisions of the § 607f CIVIL CODE. 140 laws of this state, now or hereafter enacted, for the prevention of cruelty to animals or children, or arresting, or prosecuting oflFenders thereunder or preventing cruelty to animals or children, be paid as compensation therefor, from the city or county, or city and county general fund, by the board of supervisors or other governing body thereof, a sum not exceeding five hundred dollars per calendar month, in the same manner as other claims against said city or county, or city and county, are paid. § 2. This act is hereby declared to be an urgency measure within the meaning of section 1, article 4 of the constitution, and is deemed necessary for the immediate preservation of the public peace and safety. The following is a statement of facts constituting such necessity: Sec- tion 607e of the Civil Code permits societies organized for the preven- tion of cruelty to animals to make arrests, carry on prosecutions and collect fines and under the provisions of this section numerous societies have been organized and are being operated in such a manner as to be a menace to the public peace and safety. Arrests are being made and property seized without prosecution of the charges made, citizens are being forced to pay tribute to outlaw sot^'ietics to escape persecution, and peace ofliccrs are urging the immediate withdrawal of the right of these societies to collect fines because of their greatly increased activ- ity in these practices, pending the time when this bill may become law. [Amendment approved May 30, 1913; Stats. 1913, p. 638. In effect immediately.] Also amended March 24, 1911 (Stafg. 1911, p. 487). Appointment of humane officers. Approval of judge. "Becord of humane officers." Revocation of appointment. Powers of officer. Resisting officer. False certificate. § 607f. Any such (.orporation incorporated for the purpose of the prevention of cruelty to animals may by resolution of its board of directors or trustees duly entered on its minutes appoint any number of its members, who shall bo citizens of the state of California as humane officers. Each appointment shall be by separate resolution. Such reso- lution shall state the full name and place of residence and the business or occupation of the person so appointed and the fact that he is a citi- zen of the state of California and shall also designate the number of the badge to be allotted to such officer. Every person so appointed must within ten days after his appointment present to the judge of the superior court in and for the county or city and county in which the corporation appointing such oflicer has its principal place of business a copy of such resolution duly certified to be correct by the president and secretary of such corporation and attested by its seal. The judge shall examine such appointee as to his qualifications and fitness to act as such oflicer and, if he approves such appointment, shall indorse bis approval on said certified copy of said resolution. Said appointee shall 141 CIVIL CODE, § 607f thereupon and within said period of ten days file said certified copy with the judge's ap{)roval indorsed thereon in the office of the county clerk of said county or city and county and shall at the same time take and subscribe the oath of office prescribed for constables or other peace officers. The county clerk shall thereupon immediately enter in a book to be kept in his office and designated "Eecord of Humane Officers" the name of such officer, the number of his badge, the name of the corporation appointing him and the date of such filing. At the time of such filing the county clerk shall collect from such officer a fee of fifty cents, which shall be in full for all services to be performed by the county clerk under the provisions of this section. The corpora- tion appointing sucli officer may revoke such appointment at any time by resolution of its board of directors or trustees, a duly certified copy of which resolution must within five days after its adoption be filed in the office of the county clerk in which the appointment of such officer is recorded and upon such filing the county clerk shall enter the fact of such revocation and the date of the filing thereof opposite the name of such officer in such record of humane officers. Such humane officers after qualifying as above provided shall have power at all places within the state lawfully to interfere to prevent the per- petration of any act of cruelty upon any dumb animal and may use such force as may be necessary to prevent the same and to that end may summon to their aid any bystander. They may make arrests for the violation of any penal law of this state relating to or affecting animals in the same manner as a constable or other peace officer and may carry such weapons as peace officers are authorized to carry; except that in cities and counties and cities of the first and first and one-half classes no such humane officer shall carry any such weapon unless permission in writing so to do has ftrst been granted to him by the board of police commissioners of such city or city -and county. Every humane officer must when making such arrests exhibit and expose a suitable badge to be adopted by the corporation appointing him which shall bear its name and a number. Any person resisting a humane officer in the performance of his dut}' as provided in this section, shall be guilty of a misdemeanor. Any person who has not been appointed and qualified as a humane officer as provided in this section, or whose appointment has been revoked as provided in this section, who shall represent himself to be or shall attempt to act as such officer shall be guilty of a misdemeanor. Any officer of sucn corporation who shall knowingly or willfully sign or issue any certificate provided for in this section, which shall be in any material respect false or untrue, shall be guilty of a misdemeanor. § 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. [Amendment approved May 30, 1913; Stats. 1913, p. 511. In effect August 10, 1913.] Citations. App. 14/230. §§ 629-633 CIVIL CODE. 142 Companies must supply gas. electricity, etc., to tuildings within one hundred feet distant from main. § 629. Upon the application in writing of the owner or occupant of any building or premises distant not more than one hundred feet from any gas or steam main, or direct or primary wire of the corporation, and payment by the applicant of all money due from him, the corpora- tion must supply gas, electricity, steam or heat as required for such building or premises, and cannot refuse on the ground of any indebted- ness of any former owner or occupant thereof, unless the applicant has undertaken to pay the same. If, for the space of ten days after such application, the corporation refuses or neglects to supply the gas, elec- tricity, steam or heat required, it must pay to the applicant the sura of fifty dollars as liquidated damages and five dollars per day, as liqui- dated damages for every day such refusal or neglect continues thereafter. [Amendment approved April 12, 1911; Stats. 1911, p. 887.] Citations. App. 13/420. 591; 15/706; 18/33, 34. 35. Powers of building and loan associations. Purposes for which formed. § 633. Building and loan associations as horein.iftor in this title de- fined, shall have power to receive money and accumulate funds to be loaned, and to loan the same to their shareholders, investors and oth- ers; to permit shareholders and investors to withdraw part or all of their payments, investments or stock deposits, and to prescribe the terms and conditions of such withdrawal; to cancel shares of stock, the payments on which have been withdrawn; to receive money and to execute cer- tificates therefor, which must specify the date, amount, rate of interest, and when the principal and interest are pay.ible, and also the withdrawal value thereof at the end of each year; to borrow money for the purpose of making loans and of paying withdrawals and maturities; and shall have such further powers as may be specifically set forth under this title; provided, however, that no such association shall, at any time, have or carry upon its books, for any member or investor, any demand, commercial or checking account or any credit to be withdrawn upon the presentation of any negotiable check or draft. Every such corpora- tion hereafter formed, in setting forth the purposes for which it is formed, shall state, in its articles of incorporation, that it is formed to encourage industry, frugality, home building, and savings among its shareholders and members; the accumulation of savings; the loaning to its shareholders and members of the moneys or funds so accumulated, 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 at any time when he shall desire the snme or when the corjioration shall desire to repay the same, as it may be pro- vided in the by-laws; and shall also state that it is formed for all the pnrposes specified in this title. [Amendment approved June 10, 1913; Stats. 191."?, p. 552. In effect August 10, 1913.] Citations. Cal. 156/679. App. 14^690. 143 CIVIL CODE.' § G3i Shares of building and loan associations. Installment shares. Full paid shares. Pass-book shares. Guarantee stock. Reserve. Directors. Entrance fee. § 634. Tlie capital of every such corporation shall be divided into shares of the matured or par value of one hundred or two hundred dol- lars each, as provided by the articles of incorporation, and shall be paid in by the subscribers in the manner provided by the by-laws. All such payments shall be called dues. Certificates shall be issued to each shareholder on the first payment of dues by him. Shares pledged as security for the repayment of a loan shall be called pledged shares, and all others, free shares. All shares matured and surrendered or can- celed, shall become the property of the corporation and may be reissued. The capital shall consist of the accumulated dues together with the ap- portioned profits of the corporation, and shall be accumulated by the issuance of shares in "installment" form and, where the by-laws shall so provide, in any or all the following forms, viz.: "full paid," "pass- book or juvenile" and "guarantee." a. Installment shares shall be either "serial" or "permanent" in form. When issued in "serial" form the periodical dues on shares in each series shall commence with the date of the issue of such series and the holdei must iiay such dues and such amounts per share and at such times as the bylaws may provide, and such payments must continue on each share until, with the profits allotted thereto, it reaches its matured value or is withdrawn or canceled. On all such issues the dividends shall be apportioned or credited equally to each share in each series. No share of a prior series shall be issued after the issue of shares in a new series, except by wa}' of transfer. Shares issued in "permanent" form may be issued at any time and the dividends thereon may be credited in the pass-books of the members. Shares of either form may be issued in "classes" with a difl'erent periodical payment for each class designa- tion, to be specified in the by-laws, and shall be issued with full partici- pation in the profits subject to apjjortionment as dividends. b. Full paid shares shall be shares upon which a single payment of dues amounting to one hundred or two hundred dollars per share Shall be paid at the time of subscription and upon which the holder shall be entitled to either a full participation in the net profits or to an agreed rate of dividends not exceeding six per cent per annum, payable semi- annually in cash, to be specified in the body of the certificate issued. All such shares may be issued in separate classes as to participation, under regulations to be provided in the by-laws and which must be fully set forth in or upon each certificate issued. c. Pass-books or juvenile shares are shares which shall participate in the apportionment of net profits and be credited therewith at a rate not less than seventy-five nor more than ninety per centum of the rate apportioned to installment shares, as the by-laws shall determine, and upon which the dues may be paid in at such times and in such amounts as the holder thereof may elect until said shares reach their matured §637, CrV'IL CODE. 144 value or are withdrawn. Such shares shall be withdrawable under rules to be provided in the by-laws and fully set forth in the pass-books issued. The matured value of this rlass of shares shall not exceed in volume twenty-five per centum of the matured value of all other shares in force. No membership fee, fine or forfeiture shall be chargeable against such shares. d. Guaranteed stock shall be stock, provided by the by-laws, to be Bet apart and sold as a fixed, permanent or guarantee capital. When any such stock has been once so set apart, sold and issued, it shall thereafter remain as a fixed, permanent and guarantee capital, and shall be subjected to all the conditions and liabilities attaching to the paid-in capital stock of other classes of corporations. Such guarantee stock shall protect and guarantee all other stockholders and creditors against any loss, and when once paid it must be kept unimpaired. e. Every corjjoration specified in this title issuing installment or full paid investment certificates shall at all times have issued and fully paid for, either an amount of guarantee capital stock, or permanent nonwithdrawable capital stock, or both su > Citations. Cal. 155/231, 232. § 1253. Citations. § 1260. Citations. Cal. 155/231. App. 11/628, 728. § 1261. Citations. Cal. 158/450. S 1262. Citations. App. 11/628, 629. § 1263. Citations. Cal. 163/244. App. 11/628, 629; 16/336. § 1264. Citations. App. 16/336. Homestead. Tenure. § 12G5. Fniiii rind after the time the declaration is filed for record, the prcniisos tlieroin described constitute a homestead. If the selection was made by a married person from the community property, or from the separate property of the sjjouse making the selection or joining therein, the land so selected, on the death of either of the spouses, vests in the survivor, subject to no other liability than such as exists or has been created under the provisions of tliis title; in other cases, upon the death of the person whose property was selected as a homestead, it shall go to the heirs or devisees, suliject to the power of the superior court to assign the same for a limited period to the family of the decedent; but in no case shall it, or the products, rents, issues or profits thereof be held liable for the debts of the owner, except as provided in this title; and should the homestead be sold by the owner, the proceeds arising from such sale to the extent of the value allowed for a home- stead exemption as provided in this title shall be exempt to the owner of the homestead for a period of six months next following such sale. [Amendment approved Fcbruarj' 15, 1911; Stats. 1911, p. 61.] Citations. Cal. 159/619; 161/21, 290; 162,309; 163/244, 292. App. 12/ 352, 355, 357, 358. § 1266. Citations. App. 11/728. 159 CIVIL CODE. §§ 1270-1301 § 1270. Citations. Cal. 155/635; 158/421. § 1273. Citations. Cal. 156/35. § 1275. Citations. Cal. 164/767. § 1276. Citations. Cal. 155/635; 163/293, 294. § 1277. Citations. Cal. 155/635; 159/170. App. 14/463. § 1278. Citations. Cal. 163/293, 296. § 1279. Citations. Cal. 156/312. § 1287. i Citations. Cal. 163/781. ' § 1289. Citations. Cal. 155/635. § 1292. Citations. Cal. 155/635. App. 9/465, 466. § 1293. Citations. App. 9/465, 466. : § 1294. Citations. App. 9/465, 466. § 1295. Citations. App. 9/465, 466. § 1296. Citations. Cal. 163/781. App. 9/465, 466. § 1300. Citations. App. 19/253. § 1301. Citations. Cal. 159/673, 677. App. 13/203. §§ 1303-1336 CIVIL CODE. 160 § 1303. citations. Cal. 159/673, 674, 677. § 1304. CItaUons. Cal. 155/154, 155, 635. App. 9/465, 466. § 1307. Citations. Cal. 162/473, 474. § 1310. Citations. Cal. 1C3/798. App. 13/294, 296. 297. § 1313. Citations. Cal. 157/207; 159/683, 684, 685, 686, 687; 162/409; 164/767. App. 13/94; 17/628. § 1317. Citations. Cal. 157/458; 161/357; 162/567. App. 17/188. § 1318. Citations. Cal. 157/09; 160/620; 161/591, 602; 162/567; 164/87. § 1320. Citations. Cal. 163/781. § 1321. Citations. Cal. 161/602; 163/781. § 1322. Citations. Cal. 161/593, 602. App. 13/270, 295, 296, 297. § 1324. Citations. Cal. 159/263; 161/658. § 1325. Citations. Cal. 159/610. § 1326. Citations. Cal. 158/649; 161/359; 162/567. § 1327. Citations. Cal. 159/263; 161/358. § 1329. Citations. Cal. 161/602, 604. § 1336. Citations. Cal. 161/594, 596. 601, 607, 608. IGl CIVIL CODE. §§1340-1393 § 1340. citations. Cal. 164/19, 87. § 1341. Citations. Cal. 157/227, 459; 159/395. App. 17/190. § 1342. Citations. Cal. 155/446. § 1343. Citations. Cal. 155/727; 157/66; 163/798; 164/767. § 1344. Citations. App. 12/311. § 1349. Citations. Cal. 156/661. § 1359. Citations. Cal. 155/630. App. 12/112. § 1360. Citations. Cal. 155/630. § 1363. Citations. Cal. 157/227. § 1365. Citations. App. 8/288. § 1368. Citations. Cal. 155/98. § 1376. Citations. Cal. 159/686; 163/292. § 1384. Citations. Cal. 155/635; 157/227. App. 12/110. § 1386. Citations. Cal. 158/429; 159/268; 162/92, 94, 325: 163/798; (subd. 2) 158/648; 161/69; 164/314; (subd. 4) 164/314; (subd. 5) 162/326; (subd. 3) 162/525, 530. App. 17/579; (subd. 8) 8/288. § 1387. Citations. Cal. 162/474, 475. App. 12/28, 715, 724. § 1393. Citations. Cal. 162/326. 11 §§ 1401-1415 CrVTL CODE. 162 § 1401. Citations. Cal. 156/281; 162/175; 163/264. § 1402. Citations. Cal. 158/648; 159/262, 263; 161/69; 162/565. § 1409. Citations. Cal. 162/92, 94. How rights to water may be acquired. § 1410. .Ml water or tlio use of w.iter within the state of Talifornia is the property of the peoj)le of the state of ("alifornia, but the right to the use of running water flowing in a river or stream or down a canvon or ravine may be acquired by appropriation in the manner provided by law; provided, that no water for the generation of electricity or elec- trical or other power may be appropriated for a longer period than twenty-five years, except by a municipal corj>nration, other than an irrigation district or a lighting district, or by an irrigation district when such electricity, electrical or other power is for use and distribution only within its own limits, and as subsidiary to and mainly for the purpose of serving and carrying out irrigation, or by a lighting district when such electricity, electrical or other power is for use and distribu- tion onlv within its own limits. [Amendment approved April S, 1911; Stats. 1911, p. 821.] Citations. Cal. 158/S8; 15S, 1.^9: 162/50; 164/125. Use of waters flowing out of state. § 1410a. The entire flow of water in any natural stream which carries water from the state of California into any other state is subject to use in the state of California, under the laws of the state of California, and the right may be, so far as not already acquired by use in the state of California, acquired and held under the laws of the state of Oalifor nia. The rights to the use of such water held under the laws of the state of California, shall be prior and superior to any rights to the waters of such streams held un l«l/6fi4; (Bubd. 4) 161/664. 666. App. 9/139. 633; 11/656; 12/272. 273; 17/701; 19/8, 681; (subd. 4) 9/639; (subd. 5) 11/72. § 1691. Citations. Cal. 156/194. 767; 159/151; 16.'6/493, 494; 157/355; 158/2«4, 286. 287. 362, 36T. 364, 365; loO/53; 161/432; 162/78; 163/395; 164/191. 192, 194, 196, 567. firtO, 570, 572, 573. App. 9/607; 12/248, 250; 16/52, 250, 253, 514; 18/524; 19/645. § 1971. Citations. App. 9/567, 570, 607. § 1996. Citations. Cal. 156/340. § 2000. Citations. App. 15/660. § 2009. Citations. Cal. 162/133; 163/121. § 2096. Citations. Cal. 159/602, 603. § 2100. Citations. Cal. 159/602. App. 12/641; 14/196. § 2102. Citotions. Cal. 157/603. §§2120-2194 CIVIL CODE. 174 § 2120. Citations. App. 14/793, 794. § 2121. Citations. App. 14/794; 15/750. § 2162. Citations. Cal. 163/314. § 2168. Citations. Cal. 159/773, 777. App 14/197. § 2169. Citations. Cal. 159/777. § 2173. Citations. C»1. 159/777. § 2174. Citations. App. 14/197, 793. § 2175. ClUtlons. Cal. 1^59 773. 774, 773. 777 App. 14/197. Baggage to be carried by common carriers. § 2181. Luggage may I'onsist of whatever the passenger takes with him for his personal uso and convenienoe, according to the habits or wants of the particular class to which he belongs, either with reference to the im]tortant necessities or to the ultimate purposes of his jonriicv. Luggage within the meaning of tliis section shall include the saiuplcs, case, wares, appliances and catalogues of commercial travelers or their employers, used by them for the purpose of transacting their business and carried with them solely for that purpose, when securely packed and locked in substantial trunks or sample cases of convenient shape and weight for handling. No crate cover or other protection shall be re- quired for any bicycle carried as luggage, but no passenger shall be entitled to carry as luggage more than one bicvde. [Amendment ap- proved April 5, "1911; Stats. 1911, p. t)38.J § 2184. Citations. Cal. 157/603. § 2185. CiUtions. Cal. 157/603. § 2194. Citations. App. 10/198. 202. 175 CIVIL CODE. §§ 2200-2251 § 2200. CiUtions. App. 17/442, 443. § 2201. Citations. Cal. 155/747. § 2217. Citations. Cal. 161/66. App. 12/629. § 2219. Citations. App. 11/719; 12X629; 19/434, 433, 436. § 2220. Citations. App. 11/719. § 2221. Citations. Cal. 158/482; 161/69. App. 11/719; 14/86; 15/488, 493; 17/ 169; 19/705. § 2222. Citations. Cal. 158/482. App. 14/86; 15/488; 17/169; 19/703, § 2223. Citations. App. 12/629. § 2224. Citations. Cal. 160/549; 161/66, 67; 163/649. App. 8/401; 9/466; 12/629. § 2228. Citations. App. 11/177; 12/629. § 2230. Citations. App. 11/177. § 2234. Citations. App. 16/426. § 2235. Citations. Cal. 156/524. App. 12/629. § 2237. Citations. App. 9/466, 467. § 2243. Citations. Cal. 163/806. App. 9/467; 12/630. § 2251. Citations. App. 11/540. ;§ 2253-2309 § 2253. Citations. App. 16/667. § 2254. Citations. App. 17/169. CIVIL CODE, 176 § 2258. Citationa. App. 17/170, 667. § 2267. Citations. App. 17/667. § 2274. Citations. App. 8/758, 759, 760. § 2280. Citations. App. 14/86: 15/498. Appointment of trustee by court to fill vacancy. § 2287. The siijicrior court must apimiiit a trustee whenever there is a vaeancy, and the declaration of trust doe^ nut provide a practi i! method of appointment. In all cases of api)ointn>ent of any tru>ti'<' or trustees by any court, if the cestui que trustent, or any one of tLon are of tlie age of fourteen years, they, or the one or more of them uf the a^e of fourteen years, may make nomination to the court, and unless such nominee or nominees are incompetent, upon one or more of the grounds of incompetency specified in section 135U of the Code of Civil I'roicdure of California, to discharge the duties of trustee, the court must appoint such nominee, or nominees, as trustee, or trustees as the case may be. [Amendnicnt approved June 5, 1^13; Stats. li)13, p. 3'Jj. In effect .\ugust 10, 1913.] Alsd iini.nded February 25, 1911; Sl«ls. 1911, p. 79. CiUtions. Cal. 158/394. § 2289. CiUtlona. Cal. 158/394. § 2292. Citations. App. 8/175. § 2300. Citations. App. 10/153; 13/340; 17/217. § 2307. Citations. Cal. 160, 267. § 2309. Citations. Cal. 156/788, 791. App. 18/743. 177 CIVIL CODE. §§ 2310 2-136 § 2310. Citations. App. 19/26. § 2317. Citations. Cal. 164/245. App. 10/153; 13/340. § 2319. Citations. App. 8/249. § 2332. Citations. Cul. 156/306. § 2334. • Citatlous. Cal. 164/245. § 2338. Citations. Cal. 1C3/39. § 2356. Citations. App. 10/558, 559; 18/216; 19/513, 672. § 2395. Citiitious. App. 11/769; 13/730. § 2397. Citations. App. 11/769. § 2403. Citations. App. 13/393. § 2404. Citations. App. 13/730. § 2405. Citations. App. 9/295, 297. § 2410. CiUtlons. Cal. 157/37; 163/433. § 2411. Citations. Cal. 157/37; 1G3/433. § 2429. Citations. Cal. 156/306. § 2436. Citations. Cal. 163/433. 12 §§ 2437-2468 civil code. 178 § 2437. Citations. Cal. 163/433. § 2438. Citations. Cal. 163/433. § 2440. Citations. App. 19/150. Fictitious names to be registered with county clerk. § 2466. Except as otherwise proviiled in the next section every per- son transacting business in this state under a fictitious name and evary partnership transacting business in this state under a fictitious name, or a designation not showing the names of the persons interested as partners in such business, must file with the clerk of the county in wliich his or its principal place of business is situated, a certificate, stating the name in full and the place of residence of such person and stating the names in full of all the members of such partnership and their i)lar, authorized to take the acknowledgment of conveyance of real property. Where a business is hereafter commenced by a person under a fictitiou-i name or a jiartnership is hereafter formed, the certificate must be filii and the. publication designated in that section must be made witirii one month after the commencement of such business, or after flic formation of the |)artnership, or within one month from the time desig- nated in the agreement of its members for the commencement of the partnership. Wliere the business has been heretofore conducted under a fictitious name or where the partnership has been heretofore formed, the certificate must be filed and the publication made within six months after the passage of this act. No person doing business under a fictitious name, or his assignee or assignees, nor any persons doing business as partners contrary to the provisions of this article, or their assignee or assignees, shall maintain any action upon or on account of any contract or contracts made, or transactions had, under such fictitious name, or in their partnership name, in any court of this state until the certificate has been filed and the publication has been made as herein feuuired. [.\mondinont approved March 23, 1911; Stats. 1911, p. 441.],,^, Citation*. Cal. 158, 577. 179 CIVIL CODE. §§ 2470-2633a Register of firms. § 2470. Every county clerk must keep a register of the names of firms and persons mentioned in the certificates filed with him pursuant to this article, entering in alphabetical order the name of every such person who does business under a fictitious name, and the fictitious name, and the name of every such partnership, and of each partner therein, [.\mendment approved March 23, 1911; Stats. 1911, p. 440.] § 2471. Citations. Cal. 155/526. § 2511. Citations. App. 17/77, § 2527. Citations. Cal. 155/524. § 2550. Citations. Cal. 155/524. § 2551. Citations. Cal. 155/524. § 2558. Citations. § 2596. Citations. § 2611. Citations. § 2616. Citations. § 2618. Citations. § 2619. Citations. § 2626. Citations. § 2628. Citations. Cal. 155/524. Cal. 155/525. Cal. 158/764. App. 14/222. App. 14/222. App. 14/222. Cal. 158/372, 373. Cal. 158/372, 373. Time for giving notice of accident, etc. § 2633a. No conditions, stipulations or agreements contained in any application for insurance in any foreign or domestic casualty or acci- §§ 2778-2854 civil code. 180 dent insurance company, or contained in any policy issued by any such company, or in any way made by any such company, limiting the time within which notice of the accident or injury, or death, shall be given to such company to a period of Jess than twenty days after the hap- pening of the accident, or injury, or death, shall be valid. Said notice may be given to the company insuring, at any time witliin twenty days after the happening of the accident, or injury, or death and shall be valid and binding on the companv. [New section approved June 6, 1913; Stats, 1913, p. 677. In effect August 10, 1913.] § 2778. CltatlouB. Cal. 155/418. S 2794. Cltatloni. Cal. 159/138. App. (iubd. 3) 12/678. § 2800. Citations. Cal. 164/342. § 2806. Cltatloni. Cal. 164/342. § 2809. Citations. Cal. 164/840. § 2819. Citations. Cal. 16J/187. App. 9/497; 18/280; 19/32. § 2820. Citations. App. 19/32. § 2823. Citations. App. 11/398; 19/32. § 2832. Citations. App. 11/398; 16/636. § 2844. ClUtlons. Cat. 162/187. App. 11/398. § 2846. ClUtlons. Cal. '155/370. § 2850. Citations. Cal. 161/290. § 2854. Citations. Cal. 161/258, 259, 260. 181 CIVIL CODE. §§ 2872-29391/2 § 2872. CiUtlons. Cal. 155/213, 272. App. 14/388; 19/514. § 2884. CiUtlons. Cal. 157/217; 162/303. App. 15/712. § 2888. Citations. Cal. 157/403, 404; 164/172. App. 9/187; 14/301. § 2889. Citations. Cal. 164/172. App. 11/395, 396. § 2899. Citations. Cal. 155/234. § 2903. Citations. App. 16/401. § 2909. Citations. Cal. 162/303. App. 8/512. [j § 2911. Citations. Cal. 156/51; 157/200, 239. App. 9/184; 17/588; 19/518, 514, 515. § 2913. Citations. App. 9/184, 187. § 2920. Citations. Cal. 157/217. § 2922. Citations. Cal. 156/52. § 2924. Citations. Cal. 164/257. § 2932. Citations. App. 19/514. § 2934. Citations. App. 18/453, 454. § 2937. Citations. App. 9/169. Satisfying mortgages by foreign executors. § 2939V'2' Foreign executors, administrators and guardians may sat- isfy mortgages upon the records of any county in this state, upon pro- §§2952-3003 civil code. 182 ducing and recording in the office of the county recorder of the county in which such mortgage is recorded, a duly certified and authenticated copy of their letters testamentary, or of administration or of guardian- ship, and which certificate or authentication shall also recite that said letters have not been revoked. [Amendment approved May 19, 1913; Stats. 1913, p. 216. In efifect August 10, 1913.] § 2952. Citations. App. 9/169. § 2955. Citations. Gal. 158/239. 240; (subd. 8) 158/241, 242; (suMs. 20. 21) 158/ 240, 241, 242; (subd. 22) 158/241. 242. App. 15/734; 18/529, 530. App. 16/456; 18/529, 530, 64S. S 2957. Citations. Cal. 157/576; 158/240. App. 1€ § 2958. Citations. Cal. 157/217. § 2959. Citations. App 18/529. § 2963. Citations. App 18/646. 648. § 2967. Citations. Cnl. 156/463. § 2968. Citations. C.I. 156/464. § 2969. Citations. Cal. 156/462, 463. 464. § 2973. Citations. Cal. 158/2.19. ■J40. App, 18/529 § 2988. Citations. App 9/184. § 3000. Citations. Cnl. 158/304. App. 11/396. § 3002. Citations. App 9 401. § 3003. Citations. App 9 401. 183 CIVIL CODE. §§ 3005-3051 § 3006. OlUtloni. Oal. 158/304. S 3006. Citations. Cal. 158/434. App. 9/190; 11/396; 17/698. § 3008. Cltatiom. Cal. 157/403. § 3011. Cltatiom. App. 9/401; 11/396. § 3046. Citations. Cal. 155/479; 156/594; 157/746; 161/237. App. 14/744; 16/ 400. 402. § 3047. Citations. Cal. 155/479. § 3048. Citations. Cal. 156/594. § 3049. Citations. App. 13/312; 16/187. Lien on personal property for services thereon. § 3051. Every person who, while lawfully in possession of an article of personal property renders any service to the owner thereof, by labor or skill, employed for the protection, improvement, safekeeping, or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due to him from the owner for such service; a person who makes, alters, or repairs any article of per- sonal property, at the request of the owner, or legal possessor of the property, has a lien on the same for his reasonable charges for the balance due for such work done and materials furnished, and may retain possession of the same until the charges are paid; and livery or boarding or feed stable proprietors, and persons pasturing horses or stock, have a lien, dependent on possession, for their compensation in earing for, boarding, feeding, or pasturing such horses or stock; and laundry pro- prietors and persons conducting a laundry business, have a general lien, dependent on possession, upon all personal property in their bands belonging to a customer, for the balance due them from such customer for laundry work; and veterinary proprietors and veterinary surgeons shall have a lien, dependent on possession, for their compensation in caring for, boarding, feeding, and medical treatment of animals; and keepers of garages for automobiles shall have a lien, dependent on pos- §§ 3052-3131 CIVIL CODE. 184 Bession, for their compensation in caring for and safekeeping sTjrh auto- mobiles. [Amendment approved April 12, 1911; Stats. 1911, p. 887.] Citations. App. 19/284. § 3052. Citation*. App. 16/187. § 3055. Citations. Gal. 159/745, 746. § 3060. Citations. Cal. 159/745, 746. § 3061. Citations. App. 10/474. § 3087. Citations. App. 19/505. § 3088. Citations. Cal. \:^^/22^. App. 19/505. § 3090. Citations. App. 19/505. § 3093. Citations. Cal. 163/492. App. 19/&05. § 3100. Citations. App. 13/596. § 3108. Citations. Cal. 163/489. § 3116. Citations. App 11/291; 14/775; 15/172. § 3117. Citations. Cal. 163/489. § 3125. CiUtlons. App. 14/180. § 3130. Citations. Cal. 1G4/C16, 611, 619, 620. § 3131. Citations. App. 15/173. 185 CIVIL CODE. §§ 3137-3275 § 3137. CitatloM. Cal. 155/223. App. 10/611. § 3141. Citationi. App. 15/172. § 3143. Citations. App. 15/173. § 3148. Citations. App. 15/172. § 3149. Citations. App. 17/307. § 3155. Citations. App. 14/775. . § 3177. Citations. App. 14/400, 776. § 3193. Citations. App. 16/298. § 3195. Citations. App. 14/179. § 3213. CiUtions. App. 14/775, 776. § 3220. Citations. App. 14/776. § 3254. Citations. App. 14/775; 15/350. § 3255. Citations. App. 14/400, 401, 776; 15/350. § 3268. Citations. Cal. 161/194. § 3274. Citations. Cal. 157/794. § 3275. Citations. App. 16/247; 19/526. § 3281-3313 CIVIL code. 186 § 3281. Citations. Cal. 160/251. § 3283. Citations. Cal. 159/373, 374; 164/493. App. 19/768. § 3287. Citations. Cal. 162/320. App. 8/273; 13/313; 16/615; 17/221; 18/484, 486. § 3288. Citations. App. 8/412. § 3294. Citations. Cal. 157/506. 510; lCO/161, 162. 178; 161/705; 163/276. App. 8/173; 9/406; 17/270. 271. § 3300. CiUtlons. Cal. 155/532; 161/396; 162/605; 163/154; 104/13. App. 8/«35; 10/352; 12/42; 13/85, 603; 18/8. 10. 15. § 3301. Citations. App. 10/350, 351; 13,003. § 3302. CiUtlons. App. 11/6C3; 18/8, 9, 10, 14, 15. 19. § 3305. Citations. Cal. 161/395. § 3306. CitaUons. Cal. 156/372, 651; 161/466. App. 10/310. § 3307. Cit-itlons. Cal. 157/609. App. 19/164. § 3308. Citations. Cal. 158/230. 231, 271. App. 8/635. § 3310. CiUtlons. App. 16/186; 18/229; 19/308, 309. § 3311. Citations. Cal. 155/45. App. 8/635; 13/310, 312, 313; 18/229; 19/308 § 3313. CiUtlons. App. 8/408; 10/711; 11,300. 187 CIVIL CODE. §§ 3314-3388 § 3314. Citatlona. Cal. 159/390, 391. App. 10/711. § 3333. Citations. Cal. 155/532; 156/63, 588; 160/08, 155, 169, 251; 161/704. App. 11/151; 12/508; 18/8, 10, 15. § 3336. Citation!. Cal. 101/704, 705. App. 9/467; 13/342. § 3353. Citation!. App. 11/641. § 3354. CiUtioni. Cal. 158/271, 574. § 3356. CitatioBf. Cal. 163/134. § 3357. Citation!. Cal. 163/134. App. 8/635; 13/312, 313. § 3358. Citation!. Cal. 163/134. App. 18/329. § 3360. Citations. App. 8/635, § 3366. CitaUons. Cal. 157/794. „ § 3368. 11 Citations. Cal. 157/794, 795. § 3380. CiUtiona. App. 11/23, 24. § 3384. Citations. App. 12/439. § 3386. CiUtions. Cal. 156/247; 162/662. App. 8/393; 12/437; 14/30; 18/310, 321. § 3387. Citations. Cal. 157/23. § 3388. Citations. Cal. 156/251. App. 10/152; 13/719. §§ 3389-3422 civil code. 188 S 3389. Citations. App. 16/325. § 3390. Cltotions. Cal. (subd. 4) 156/749. App. 13/648; (tnbd. 1) 9/214; (gubd. 6) 8/393; 13/457. § 3391. Citations. Cal. 157/25; 160/97; 161/302. 464: 163/157. 19«; (iubd 1) 156/372. App. 8/219, 354, 390: 9/643; 10 149, 151. 152, 310; 13/619; 14/ 720; (gubd. 1) 8/389; 10/152; (aubd. 2) 8/391; 10/152. § 3392. Citations. App. 14/30. § 3395. Citations. Cal. 164/277. § 3399. Citations. Cal. 164/48, 49, 50. App. 9/507. 687. S 3401. CiUtlons. Cal. 164/48, 49. App. 9,*t)67. § 3402. Citations. Cal. 164/48. App. 9/667; 13/4S8. § 3406. CiUtlons. Cal. 160/630; 164/687. § 3407. Citations. Cal. 160/630. § 3408. CitaUons. Cal. 160/630. App. 19/561, § 3415. Citations. App. 14/779. § 3420. Citations. Cal. 157/794. § 3421. Citations. Cal. 157/794. § 3422. Citations. Cal. 167/794. App 18/667- 189 CIVIL CODE. §§ 3423-3513 § 3423. citations. Cal. (subd. 1) 161/573. § 3432. Citations. App. 9/298. § 3439. Cltetions. Cal. 157/576; 159/217; 162/23; 164/270, 272. App. 16/382, 487. § 3440. Citations. Cal. 157/576, 577; 163/327. App. 8/782; 11/379, 651, 652; 17/ 372; 19/149, 150, 151, 153, 154. § 3441. Citations. Cal. 164/270. § 3442. Citations. Cal. 159/217; 163/327. App. 12/621. § 3450. Citations. Cal. 159/217. § 3463. Citations. App. 18/648. § 3464. Citations. App. 18/648. § 3466. Citations. App. 18/647. § 3479. Citations. Cal. 163/88. App. 9/778. § 3493. Citations. App. 9/778. § 3502. Citations. App. 15/627, 632. § 3510. Citations. Cal. 161/418. § 3512. Citations. App. 9/520. § 3513. Citations. Cal. 155/139. App. 8/486. §§ 3515-3543 civil code. 190 § 3515. Citations. App. 9/520; 15/87. § 3516. Citation!. App. 15/87. § 3517. Citation!. App. 9/520. § 3519. Citation!. App. 11/376; 18/216. § 3521. Citations. App. 19/26. § 3522. Citations. Cal. 160/513. App. 9/620; 14/220. § 3523. Citations. App. 18/14. § 3529. Citations. App. 12/629; 19/444. § 3532. Citations. App. 8/486; 10/571; 11/237. § 3533. CiUtions. App. 12/53; 18/460. § 3540. Citations. App. 19/160. § 3541. Citations. Cal. 158/642. App. 17/651. § 3542. Citations. Cal. 158/642. § 3543. Citations. Cal. 156/170; 159/793. App. 9/121; 12/633; 18/452. THE PENAL CODE OF THE STATE OF ( ALIFORNIA. AMENDMENTS OF 1911 AND 1913. § 4. Citations. Cal. 161/275; 162/333. App. 11/576. § 6. Citations. Cal. 160/383. §7. Citations. Cal. 160/158. 160; (subd. 4) 160/158; (subd. 7) 158/676, 678. App. (subd. 1) 19/753; (subd. 2) 15/370; (subd. 4) 8/753; 9/49; 16/751; (subd. 6) 17/5'15. § 11. Citations. Cal. 160/380, 383, 387. § 15. Citations. App. 9/240; 11/359. § 16. Citations. App. 11/359. § 17. Citations. App. 11/359, 574; 12/488, 489. § 18. Citations. Cal. 161/442. App. 13/403. § 19. Citations. App. 16/794; 18/169. § 20. Citations. App. 9/221; 12/24, 529. § 21. Citations. Cal. 161/559. App. 12/24. (191) §§ 22-114 PENAL CODE. 192 § 22. Citations. Cal. 162/245. App. 16/16. § 26. Cltatlonr App. 12/775; 13/100. 102; 14/549; 19/303. § 27. Citations. App. 9/250, 251. § 30. Citations. App. 9/281. § 31. ClUtlons. Cal. 155/174; lfll/439, 440, 442, 443; 162/85, 8«. App. 8/352; 9/281; 10/174; 11/478; 12/686; 13/187; 17/280. § 32. Citations. App. 16/360. § 72. Citations. App. 9/675, 677, 678, 679. § 75. Citations. Cal. 160/691. § 76. Citations. Cal. 160/691. § 92. Citations. App. 17/514. § 93. Citations. Cal. 161 /44», 449. § 94. ClUtlons. Cal. 161/449. S 105. ClUtlons. Cal. 155/175; 160/358. App, 13/400, 401, 402, 40S. § 106. Citations. App. 13/400, 401, 402, 403. § 113. Citations. App. 14/227. 228. 232. 238, 239. § 114. ClUtlons. App. 14/227, 228. 238, 239. 193 PENAL CODE. §§ 115-172 § 115. Citations. App. 12/241, § 118. Citations. App. 9/679; § 121. Citations. App. 13/461. § 126. Citations. Cal. 161/442, § 127. Citations. Cal. 161/442, § 137. Citations. Cal. 161/442, § 154. Citations. App. 17/371. 242. Grand juror acting after challenge has been allowed. § 164. [Repealed March 22, 1911; Stats. 1911, p. 434.] § 165. Citations. Cal. 158/668, 673, 674, 675, 676; 161/436, 450. § 166. Citations. Cal. 160/383. Taking opium, etc., into jails. § 171a. Any person, not authorized by law, who brings into any state prison, town or county jail, or city, or city and county jail, or reform- atory in this state or within the grounds belonging or adjacent to any such institution, any opium, morphine, cocaine, or other narcotic, or any intoxicating liquor of any kind whatever, or any firearms, weapons, or explosives of any kind, is guilty of a felony. [Amendment approved March 14, 1911; Stats. 1911, p. 364.] Selling liquor near state institutions. § 172. Every person who, within half a mile of the land belonging to this state upon which any state prison, or within nineteen hundred feet of the land belonging to this state upon which any reformatory, is situated, or within one mile of the grounds belonging to the University of California, at Berkeley, or within three miles of the University Farm at Davis, or within one and one-half miles of the lands occupied hj any home, retreat, or asylum for disabled volunteer soldiers or sailors, estab- lished or to be established by this state, or by the United States within 13 §§ 172a-240 pen.u. code. 194 this state, or within the state capitol, or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any intoxicating, vinous or alcoholic liquors, is guiltv of a misdemeanor. [Amendment approved March 23, 1911; Stats. 191 i, p. 452. In eflfect September 1, 1911.] § 172a. CiUtions. Cal. 160/301. § 176. Citations. App. 18/427, 429. § 182. ClUtioni. Cal. 155/175. App. 12/497. § 187. Citations. Cal. 160/370; 162/93. App. 8/615; 9/204. § 188. Citations. Cal. 160/370; lf.2'244. App 9/203. § 189. CiUtions. Cal. 162/93; 163/482. App. 8/615; 9/205; 13/577. § 190. Citations. Cal. 158/194. 195; 163/483. App. 8/109; 11/45. § 192. Citations. Cal. 162/93. App. R'f.is. f.if.; I3'.',l: Unhd 2^ 13/577. § 197. CitaUons. App. 8/605; 13/103. 659; 18/346. lfl/474; (subd. 3) 13/352. § 198. Citations. App. 8/605. § 211. Citations. App. 13/356. § 220. Citations. App. 9/316; 10/14; 18/356, 357. § 236. Citations. App. 9,48. § 240. Citations. App. 13/357. 195 PENAL CODE. §§ 241-263 Punishment of assault. § 241. An assault is punishable by fine not exceeding five hundred dollars or by imprisonment in the county .iail not exceeding six months, or by both. [Amendment approved April 6, 1911; Stats. 1911, p. 687.] § 242. Citations. Cal. 160/20. App. 15/319. § 245. Citations. Cal. 156/745. App. 10/461, 462; 11/573. § 246. Citations. Cal. 155/168, 169, 176; 156/736, 737, 738. § 248. Citations. Cal. 160/154. § 250. Citations. Cal. 160/155, 158. Rape defined. § 261. Rape is an act of sexual intercourse, accomplished Tvith a female not the wife of the perpetrator, under either of the following circumstances: 1. Where the female is under the age of eighteen years; 2. Where she is incapable, through lunacy or other unsoundness of mind, whether temporary or permanent, of giving legal consent; 3. Where she resists, but her resistance is overcome by force or vio- lence; 4. Where she is prevented from resisting by threats of great and immediate bodily harm, accompanied by apparent power of execution, or by any intoxicating narcotic, or anesthetic, substance, administered by or with the privity of the accused; 5. Where she is at the time unconscious of the nature of the act, and this is known to the accused; 6. Where she submits under the belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense, or concealment practiced bv the accused, with intent to induce such belief. [Amendment approved May 19, 1913; Stats. 1913, p. 212. In effect August 10, 1913.] Citations. Cal. (subd. 1) 160/539. App. 9/133, 313; 10/14, 16; 17/520; 19/293; (subd. 3) 17/521; (subd. 5) 17/522, 526. § 262. Citations. App. 11/573. § 263. Citations. App. 9/133. §§ 264-269b penal code. 196 Punishment for rape, § 264. Kape is punishable by imprisonment in the state prison not more than fifty years, except where the ofiFense is under subdivision 1 of section 261 of the Penal Code and the female is over the age of sixteen years and under the age of eighteen years in which case the pun- ishment shall be by imprisonment in the county jail for not more than one year or in the state prison for not more than fifty years, and in such case the jury shall determine by their verdict whether the punishment shall be by imprisonment in the rountv jail or in the state prison. [Amendment approved May 19, 1913; Stats. 1913, p. 213. In effect August 10, 1913.] § 266. Citations. Cal. 160/770. § 266a. Citations. Cal. 162/248, 249. § 266f. Citations. Cal. 162/249. § 266g. Citations. App. 14/336, 338; 17/153. § 267. Citations. Cal. 160/769, 770, 772, 773. App. 11/763; 16/30; 19/79. § 268. Citations. App. 15/221; 18/173. § 269. Citations. Cal. 162/83. Adultery. § 269a. Every person who lives in a state of cohabitation and adul- tery is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceed- ing one year, or bv both. [Amendment approved March 21, 1911; Stats. 1911, p. 426. J Citations. Cal. 162/82, 83, 84, 85, 86. App. 8/350; 17/279; 19/360, 361, 362. Adultery of married persons. § 269b. If two persons, each being married to another, live together in a state of cohaVutation and adultery, each is guilty of a felony, and punisliahle by imprisonmont in the state prison not exceeding five years. A recorded certificate of marriage or a certified copy thereof, there being no decree of divorce, proves the marriage of a person for the 197 PENAL CODE. §§ 27C«-273h purpose of this action. [Amendnieut approved March 21, 1911; Stats. 1911, p. 426.] Citations. Cal. 162/82, 83, 86. § 270. Citations. Cal. 162/348; 1G4/505. App. 19/110, 111, 482, 486, 487, 569, 570, 571, 572, 573, 574. Fine may be paid to wife of defendant. § 270d. In any case where there is a conviction and sentence under the provisions of either section 270 or section 270a, of this code, should a fine be imposed, such fine may be directed by the court to be paid in whole or in part to the wife of the defendant or guardian or custodian of the child or children of such defendant. [New section approved April 6, 1911; Stats. 1911, p. 6S7.] Citations. App. 19/570, 571, 572, 573, 574. Proof of marriage, etc. Confidential communications. Proof of aban- donment. § 270e. No other evidence shall be required to prove marriage of husband and wife, or that a person is the lawful father or mother of a child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under either section 270 or 270a of this code any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife shall not apply, and both husliand and wife shall be competent to testify to any and all relevant matters, including the fact of marriage and the parentage of a child or children. Proof of the abandonment and nonsupport of a wife, or of the omission to furnish necessary food, clothing, shelter, or of medical attendance for a child or children is prima facie evidence that such abandonment and nonsupport or omission to furnish necessary food, clothing, shelter or medical attendance is willful. [New section approved April 6, 1911; Stats. 1911, p. 688.] Person convicted may be compelled to work on roads. Payment made to wife, etc. § 273h, In all prosecutions under the provisions of either section 270 or section 270a, or section 270b, or section 271, or section 271a of this code where a conviction is had and sentence of imprisonment in the county jail is imposed, the court may direct that the person so convicted shall be compelled to work upon the public roads or highways, or any other public work, in the county where such conviction is had, during the term of such sentence. And it shall be the duty of the board of supervisors of the county where such conviction and sentence are had, and where such work is performed by a person under sentence to the county jail, to allow and order the payment out of any fund available to the wife, or to the guardian, or to the custodian of a child or children, or to an organization, or to an individual appointed by the court as §§ 274-308 PENAL CODE. 198 trustee, at the end of each calendar month, for the snnport of such wife, child or fhilurported result, of any trial, or purported trial, or contest, or purjtorted contest, of skill, speed or power of endur- ance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever; or 5. Who, being the owner, lessee or occupant of any room, shed, tene- n'.ent, tent, booth, building, float, vessel, place, stand, inclosure or grounds, or any part thereof, whether for gain, hire, reward, or gratui- tously, or otherwise, permits the same to be used or occupied for any purjiose, or in any manner prohibited by subdivisions 1, 2, 3 or 4 of this section; or 201 PENAL CODE. §§ 348-367c 6. Who lays, makes, offers or accepts any bet or bets, or wager or ■nagers, upun the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endur- ance of man or beast, or between men, beasts, or mechanical apparatus. Is punishable by imprisonment in the county jail or state prison for a period of not less than thirty days and not exceeding one year. This section shall apply not only to persons who may commit any of the acts designated in subdivisions 1 to 6 inclusive of this section, as a business or occupation, but shall also apply to every person or persons who may do in a single instance any one of the acts specified in said subdivisions 1 to 6 inclusive. [Amendment approved January 31, 1911; Stats. 1911, p. 4.] Citations. Cal. 156/632; 157/474, 478, 480. App. 11/570, 575, 576; 14/ 10, 11. • § 348. Citations. App. 12/528, 529. § 349. Citations. App. 12/508, 529. Misrepresenting kind of labor employed in producing goods. Penalty. § 349a. Any person engaged in the production, manufacture, or sale of any article of merchandise in this state, who, by any imprint, label, trademark, tag, stamp, or other inscription or device, placed or im- pressed upon such article, or upon the cask, box, case, or package con- taining the same, misrepresents or falsely states the kind, character, or nature of the labor employed or used, or the extent of the labor em- ployed or used, or the number or kind of persons exclusively employed or used, or that a particular or distinctive class or character of labor- ers was wholly and exclusively employed, when in fact another class, or character, or distinction of laborers was used or employed either jointly or in any wise supplementary to such exclusive class, character, or distinction of laborers, in the production or manufacture of the arti- cle to which such imprint, label, trademark, tag, stamp, or other inscrip- tion or device is atiixed, or upon the cask, box, case or package, con- taining the same, is guilty of a misdemeanor, and punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than twenty nor more than ninety davs, or both. [Amendment approved March 14, 1911; Stats. 1911," p. 357.] Ihity of drivers in veliicles in collision. Penalty. ^§ 367c. Whenever an automobile, motorcycle, or other motor vehicle, or any vehicle whatsoever, regardless of the power by which the same may be propelled or drawn, strikes any person, or collides with any vehicle containing a person, the driver of, and all persons in, such auto- §§ 367d-368a penal code. 202 mobile, motorf-ycle or other motor vehicle, or other vehicle, who have or assume authority over such driver, shall immediately cause such auto- mobile, motorcycle, or other motor vehicle, or other vehicle, to stop, and shall render to the person struck, or to the occupants of the vehicle col- lided with, all necessary assistance including the carrying of such per- son or occupant to a physician or surgeon for medical or surgical treatment, if such treatment be required, or if such carrying is re- quested by the person struck or the occupant of the vehicle struck; and such driver, and person having or assuming authority over such driver, shall further give to the occupants of such vehicle or person struck, the number of such automobile, motorcycle, or other motor vehicle, if the same have a number, together with the name and address of the driver of ^uch automobile, motorcycle or other motor vehicle, or other vehicle, also the name of the owner thereof and the name of the passenger; or passengers not exceeding five in such automobile, motor- cycle, or other motor vehicle, or other vehicle at the time of such striking or collision. Any person violating any of the provisions of this section is punishable by imprisonment in the state prison not exceed- ing five years or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprison- ment. [Amendment approved May 22, 'l913; Stats. 1913, p. 218. In etfect August 10, 1913.] This section was added to the code February 17, 1911 (Stats. 1911, p. 62). Driving automobile while intoxicated. § 367d. .\uy jierson operating or driving an automobile, motorcycle or other motor vehicle who beeomes or is intoxicated while so engaged in operating or driving such automobile, inotorfycle or other motor vehicle shall be guilty of a misdemeanor. [New section added Feb- ruary 28, 1911; Stats. 1911, p. 90.] Intoxicated automobile driver. § 367e. .\iiy peisun operating or driving an automobile, motorcycle or other motor veluile who becomes or is intoxicated while so engaged in ojierating or driving such automobile, motorcycle or other motor vehicle, and who by reason of such intoxication does any act, or neg- lects anv duty imposed by law, which act or neglect of duty causes the death of, or bodily injury to, any person, shall be punishable by impris- onment in the state's prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five hundred dol- lars, or by both such fine and imprisonment. [New section approved March 7, 'l911; Stats. 1911, p. 288.] Hatch-tender for ships of fifty tons capacity. Penalty. § 368a. .\ny person, firm or corporation engaged in the business of loading or unloading shi] s or vessels, or who contracts to load or unload a ship or vessel, or wim sIkiII t>e in charge of a .^hip or v. ssel while the 203 PENAL CODE. §§ 374, 374a same is being loaded or unloaded, or who is authorized to load or unload any ship or vessel, having a carrying capacity of fifty tons or greater, shall employ and supply upon every ship or vessel while being loaded or unloaded, a person over the age of twenty-one years to act as signal- man or hatch-tender whose sole duty it shall be to observe the opera- tions of loading or unloading of each working hatch on such ship or vessel, and to warn all persons engaged in the operation of loading or unloading of any possibility of any injury to any of the articles of which tlie cargo is conijtosed, or of danger to any person engaged or being in or about the said ship or vessel while the same is being loaded or unloaded as aforesaid. Any person, firm, or corporation violating the provisions of this act is guiltj' of a misdemeanor. [Xew section approved June 10, 1913; Stats. 1913, p. 513. In effect August 10, 1913.] § 374. Citations. App. 10/140. Unlawful to dump garbage, etc., in navigable waters or in Pacific Ocean. § 374a. Any jierson who places, deposits or dumps any garbago. swill, refuse, cans, bottles, paper, or vegetable matter, or the carcass of any dead animal, or the offal from any slaughter-pen or butcher-shop, or any trash or rubbish in or upon the navigable waters of this state, or who places, deposits or loads the same upon any scow, barge, float, hulk, or anv steam or sailing vessel, or any vessel of any kind, with intent that the same shall be dumped or deposited therefrom in or upon any of the navigable waters of this state, or of the Pacific Ocean without the state, at any point therein, within twenty miles of any point on the coast line of the state, and any captain, or other person in charge of any scow, barge, float, hulk, or any steam or sailing vessel, or any vessel of any kind, who permits the same to be loaded with any gar- bage, swill, refuse, cans, bottles, paper, or vegetable matter, or the car- cass of any dead animal, or the offal from any slaughter-pen or butcher- shop, or any trash or rubbish, with intent that the same shall be dumped or deposited therefrom in or upon any of the navigable waters of this state, or of the Pacific Ocean without the state, at any point therein, within twenty miles of any point on the coast line of the state, is guilty of a misdemeanor, and no scow, barge, float, hulk, or any steam or sail- ing vessel, or any vessel of any kind, upon which any garbage, swill, refuse, cans, bottles, paper, or vegetable matter, or the carcass of any dead animal, or the offal from any slaughter-pen or butcher-shop, or any trash or rubbish has been loaded with the intent that the same shall be dumped or deposited therefrom upou any of the waters of the Pacific Ocean where permitted by this section, shall leave any point within the state unless it shall carry for the entire trip an inspector appointed by the state board of health, or where such point of departure is within a municipality, then by such municipality, and it shall be the duty of such inspector to enforce the provisions of this section, and the captain, or § 384 PENAL CODE. 204 other person in charge of anj' such scow, barge, float, hulk, steam, sail- ing or other vessel, so leaving without carrying such inspector during the entire trip is guilty of a misdemeanor; provided, however, that this act shall not be construed to affect the discharge of any sewer system. [New section approved May 1, 1911; Stats. 1911, p. 1420.] Penalty for violating act for prevention of fires. , § 384. Any person who shall willfully or negligently commit any of the acts hereinafter enumerated in this section shall be guilty of a mis- demeanor, and upon conviction thereof be punishable by a fine of not less than fifty nor more than five hundred dollars, or imprisonment in the county jail not less than fifteen days nor more than six months, or both such fine and imprisonment, except that in the case of an offense against subsection 5 of this section the fine imposed may be not less than ten dollars: 1. Setting fire, or causing or procuring fire to be set to any forest, brush or other inflammable vegetation growing on lands not his own, without the permission of the owner of such land; provided, that no person shall be convicted under this section who shafl have set, in good faith and with reasonable care, a back fire for the purpose of stopping the progress of a fire then actually burning. 2. Allowing fires to escape from the control of the per»ons having charge thert'of, or to sjiread to the lands of any person other than the builder of such fire without using every reasonable and proper precau- tion to |)revont such fire from escaping. 3. Burning brush, stumps, logs, rubbish, fallen timbers, fallows or grass on his own land, or blasting with dynamite, powder or other ex- plosives, or setting off fireworks in forest or brush-covered land, either his own or the property of another, without taking every proper and reasonable precaution both before the lighting of said fire and at all times thereafter to prevent the escape thereof; provided, that any fire warden may, in his discretion, give a written permit to any person desiring to burn or blast as aforesaid; such permit shall contain such rules and regulations for the building and management of such fires as the state board of forestry may from time to time prescribe; and in any prosecution under this subsection it shall be prima facie evidence that the defendant has taken proper and reasonable precautions to pre- vent the escape of such fire, when he shall show that he has received such a permit and has complied with all the rules and regulations therein prescribed. 4. Using any logging locomotive, donkey or threshing engine, or any other engine or boiler, in or near any forest, brush or grass land, unl.ss he shall ])rove upon the trial, atlirmativoly, that such engines or b(iilerty and i-harges or collects fees in connection with tlie transfer thereof, is guilt v of a misdemeanor. [New section approved April 23, 1913; Stats. 1913, p. 74. In effect August 10, 1913. J Tlu're was another § 532a adopted at the same session. See supra. § 537. Citations. App. 10/509, 510, 512. 513. § 538. Citations. App. 15/733. 734, 735, 736, 737. § 548. Citations. App. 8/373, 37G. § 549. Citations. App. 8/337. § 558. Citations. App. 13/325, 328. § 563. Citations. App. 10/359; 11/573. 209 PENAL CODE. §§ 573-601 Officer may not borrow cemetery corporation funds. § 573. No director or ollicer of any cemetery corporation or associa- tion shall, directly or indirectly, for himself or as the partner or agent of others, borrow any of the funds of such corporation or association, nor shall he become an indorser or surety for loans to others, nor in any manner be an obligor for moneys borrowed of or loaned by such corpo- ration or association, nor shall a corjioration of whicli a director or an officer is a stockholder or in which either of them is in any manner in- terested borrow any of such funds. The office of any director or officei who acts or permits action in contravention of the provisions of this section immediately thereujjon becomes vacant and every director or offi- cer authorizing or consenting to such loan, and the person who receives such loan, shall severally be guiltv of a misdemeanor, [New section approved March 13, 1911; Stats. 1911, p. 344.] § 588. Citations. App. 11/573. Throwing glass upon highway. § 588a. Any person who throws or deposits any glass bottle, glass, nails, tacks, hoops, wire, cans or any other substance likely to injure any person, animal or vehicle upon any public highway in the state of California shall be guiltv of misdemeanor. [New section approved Feb- ruary 28, 1911; Stats. 1911, p. 91.] Driving over public bridges. § 590b. Every person wno rides or drives faster than a walk across any bridge on a public highway, upon which bridge there is displayed a sign or notice stating that it is illegal to ride or drive faster than a walk across the same, is guiltv of a misdemeanor. [New section ap- proved March 21, 1911; Stats. 1911, p. 428.] § 591. Citations. Cal. 161/275. § 594. Citations. App. 13/615, 616. § 600. Citations. App. 13/613, 614, 615: 16/794. Malicious use of dynamite. Penalty. § 601. Any person who maliciously uses, puts, places, deposits, ex- plodes, or attempts to explode, at, in, under, or near, or takes into or near any building, vessel, boat, railroad, tramroad, or cable road, or any train, or car, or any depot, stable, ear-house, theater, schoolhouse, church, dwelling-house, or other place where human beings usually inhabit, assemble, frequent, or pass and repass, any dynamite, nitro- 14 §§ 602-626 tENAL CODE. 210 glycerin, vigorite, giant or hercules powder, gunpowder, or other chem- ical" compound or explos'ive, with the intent to injure or destroy such building, v. ssel, boat, or other structure; or with the intent to injure, intimidate, or terrify any human being, or by means of which any human being is injured or endangered, is guilty of a felony, and punish able by imprisonment in the state prison not less than one year. [Amendment approved May 30, 1913; Stats. 1913, p. 350. In effect August 10, 1913.] Citations. App. 12/194; 13/98; 16/429, 432; 18/80; 19/296. § 602. Citations. App. (subd. 3) 16/794, 795. § 604. Citations. App. 16/785, 792, 793, 794, 795, 796. § 610. Citations. App. 11/689. § 619. Cltotlons. App. 19/70, 72, 73. § 620. Citations. App. 19/72. § 621. Citations. App. 19/73. When ducks, snipe, quail, etc., may not be killed. Ducks and quails in districts Nos. 1 and 6. § 626. I.vcry |icisnii who. between the first day of March and the fifteenth day of October of any year, hunts, pursues, takes, or kills, or session any dogs, willfully suffers, permits or allows more than one of said dogs to run, track, or trail any deer at any time during the season that (leer mav be lawfullv killed, is guiltv of a misdemeanor. [Amend- ment approved April 8, 1911; Stats. 1911," p. 811.] 213 PENAL CODE. §§ 626k-626p Sale of wild game prohibited. § 626k. Kv(Mv piTson who buys, sells, ships, oflFers, or exposes for sale, barter, trade or sbipmeut, any wild game, bird, or animal, except rabbits and wild geese, protected by law and mentioned in part 1, title 15, chapter 1, of the code, or the dead body of any such game, bird, or animal, or any part thereof, whether taken or killed in the state of California or shipped into the state from another state, territory, or foreign country, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not less than twenty dollars nor more than five hundred dollars, or imprisonment in the county jail of the county in which the conviction shall be had, not less than twenty days nor more than six months, or by both such fine and imprisonment; and all fines and forfeitures imposed and collected for violation of any of the provisions of this section shall be paid into the state treasury to the credit of the fish and game preservation fund. Nothing in this section shall be construed to proliibit the sale of any species of wild duck frona the first day of November to the first day of December of the same year. [Amendment approved June 16, 1913; Stats. 1913, p. 1003. In effect August 10, 1913.] Killing game birds at night a misdemeanor. § 626ni. Every person who, at any time between one-half hour after sunset of any one day and one-half hour before sunrise of the following day, hunts, pursues, takes, catches, kills or destroys any of the game birds, or animals of this state; or who, between one hour after sunset of any one day and one hour before sunrise of the following day, takes, catches, kills, or destrovs anv trout is guiltv of a misdemeanor. [Amend- ment approved April 8, 19il; Stats. 1911, p. 812.] Animals as blinds. § 626n. Every person who, at any time, shall use any animal as a blind, or use such animal for the purpose of approaching any wild duck, curlew, ibis, plover or other waterfowl or shore birds, except geese, for the pur{)ose of shooting at, or killing any Guch waterTowl, or shore birds, except geese, or who, at any time takes, kills, or has in his possession any such waterfowl or shore birds, except geese taken by any such method, is guilty of a misdemeanor; provided, however, that nothing herein con- tained shall prevent the use of dogs in hunting or approaching such birds. [Amendment approved February 6, 1911; Stats. 1911, p. 8.] • When sea brant may not be killed. Sea brant in district No. 1. § 626p. Every person wlio, between the fifteenth day of March and the first day of November of any year, hunts, pursues, takes, kills, or destroj's, or has in his possession, any kind of black sea brant, is guilty of a misdemeanor, except as hereinafter provided; provided, that in game district No. 1 every person who, between the first day of April and the first day of October of any year, hunts, pursues, takes, kills, §§ 626p-628 PEN-AL CODE. 214 or flestroys, or has in his possession any black eea brant, is guilty of a misdemeanor. [New section approved April 8, 1911; Stats. 1911, p. &12.} Another § 626p was adopted at the same session, as follows: Killing beaver. § 626p. Every person who at any time takes, catches, or kills, or has in his possession any beaver, is gtiilty of a misdemeanor. [New sectiou approved March 8, 1911; Stats. 1911, p. 313.] Another § 62Gp was parsed at the same session. See snpra. Penalty for killing sea otter. § 626q. fjvery person who at any time hunts, pursues, takes, kills, destroys, or has in his possession any sea otter is punishable by fine not exceeding one thousand dollars or imprisonment in the county jail not exceeding one year or both. [New section approved June 16, 1913; Stats. 1913, p. 9.31. In effect August 10, 1913.] Protection of shrimp. Lobster. Catfish. Sturgeon. Crab. AbaJone. Use of diving apparatus prohibited. § 628. Every person who at any time, offers for shipment or ships, or wlio receives for shipment or transportation from the state of Cal- ilornia to any place in any other state, territory or foreign country, or wiio has in his possession, for any purpose, any dried shrimp or slirimj) shells of shrimp caught or taken in the waters of this state shall he guilty of a misdenieaimr; and be it provided, that the {)08ses- sion of such dried shrimp or shrimp shells, for any purpose shall be prima facie evidence that such dried shrimp or shrimp shells arc of shrimp which were caught or taken in the waters of this state. Every person who, between the first day of March ami the thirty-first day of October of the same year, both dates inclusive, takes, catches, kills, has in possession, buys, sells, or offers for sale any lobster (crawfish), or who at any time takes, catches, kills, has in possession, buys, sells, or offers for sale any lobster (irawfisli) of less than nine inches or more tli.in thirteen and one-half iiu'hcs in length, measured from one ex- tremity to the other and exclusive of legs, claws or feelers, or who shall at any time, pickle, c^in or otherwise preserve any lobster (crawfish) or crab (Cancer magister), or who shall at any time, sell any lobster (crawfish), crab (Cancer magister) meat not in the shell of such lobster (crawfish) or crab (Cancer magister), or who shall bring to shore any part or portion of any lobster (crawfish) or crab (Can<'er magister) without remaining portions of such lobster (crawfish) or crab (Cancer magister) in such condition that the size of such lobster (crawfish) or crab (Cancer magister) cannot be measured, shall be guilty of a mis- demeanor. Every j>erson who, at any time, has in his possession for sale, or sells, or offers for sale, any dressed catfish less than seven inches in length not including the head, or who, at any time kills or has in his possession any sturgeon of less than twenty-five pounds in weight, shall 215 PENAL CODE. § 628a be guilty of a misdemeanor. Every person who,, at any time, takes, catclies, kills, has in his possession, buys, sells, or offers for sale, any crab (Cancer magister) of Uss tiian seven inches in breadth measured straight across the back from point to point, or any female crab (Cancer magister), or who between the first day of August and the fifteenth day of November of the same 3'ear, both ^iates inclusive, takes, catches, kills, has in possession, buj's, sells, or offers for sale any crab (Cancer magister), shall be guilty of a misdemeanor. Every person who, be- tween the first day of February and the thirtieth day of April of the same year, both dates inclusive, takes, catches or kills any abalone (Haliotis), or who, at any time, takes, catches or kills any red abalone (Ilaliotis rufescens) less than nineteen incln s around the outer edge of the shell or any green abalone (Haliotis fulgens) less than eighteen inches around the outer edge of the shell, or any pink abalone (Halio- tis corrugata) less than sixteen inches around the outer edge of the shell, or any black abalone (Haliotis crackerodie) less than fourteen inches around the outer edge of the shell, or who by any means what- soever, takes, or catches any abalone (Haliotis) and does not bring the same, naturally attached to the shell and alive, to the shore above high-water mark, or who takes, catches, or kills any abalone (Halio- tis) for other than food purposes, or who at any time offers for ship- ment, or ships, or receives for shipment or transportation from the state of California to any place in any other state, territory or foreign country any abalone meat, fresh or dried; or abalone shells, excepting articles manufactured from abalone shells; or who takes, catches, or kills any abalone (Haliotis) by the use of a spear or spears, shall be guilty of a misdemeanor. Every person who, in fish and game district 6 of this state, uses or assists in using any diving apparatus of any charac- ter for the taking or catching of any abalone (Haliotis), or who takes, catches, or kills any black abalone (Ilaliotis crackerodie), or who takes, catches or kills during any one calendar day more than ten (10) abalone (Haliotis) shall be guilty of a misdemeanor. None of the provisions of this act shall apply to lobster (crawfish) or abalone (Haliotis) caught or taken without the waters of this state, and bearing after inspection such evidence of having been so caught or taken as may be hereafter prescribed by the fish and game commission; and be it provided, that all the expense of such inspection shall be borne by the importer of such lobster (crawfish) or abalone (Haliotis); and be it provided, fur- ther, that all lobster (crawfish) or abalone (Haliotis) imported into this state shall be of the size prescribed in this section. [Amendment ap- proved June 16, 191.3; Stats. 1913, p. 1007. In effeot August 10, 1913.] Also amended April 1, 1911 (Stats. 1911, p. 561). Striped bass. § 628a. Every person who, at any time, buys,* sells, offers for sale, or has in his possession, any striped bass of less than three pounds in weight; or who, between the seventeenth day of September and the §§ 628a, 628b penal code. 216 twenty-third day of October of any year, takes, catches, or kills any striped bass, with a n\t or seine; or who, between the seventeenth day of September and the twenty-third day of October of any year, has in his possession any striped bass taken, caught or killed except with hook and line; or who between the seventeenth day of September and tho twenty-third day of October of any year, buys, sells, or oflfers for sale, ships, offers for shipment, or receives for shipment or transportation any striped bass; or who, at any time, oflfers for shipment, ships, or receives for shipment or transjiortation from the state of California to any place in any other state, territory, or foreign country any striped bass caught or taken in the waters of this state, is guilty of a mis- demeanor; provided, that the possession of such striped bass shall be f)rima facie evidence of the fact that such striped bass were caught or taken in the waters of this state, [.\mendment approved April 1, 1911; Stats. 1911, p. 562.] At the same sessiun .'innthf r 5 <''2^:i w:i>< :idn!itiMl. as fnllciws: Striped bass. § 628a. Kvery person who, at any tiii:c. buys, sells, oIIitp for sale, or has in his possession, any striped bass of less than three pounds in wpiglit; or who, between ♦he first day of May and the first «lay of July of any year, takes, catches, or kills, any striped bass, with a net or seine, or who, between the lirst day of May and the first day of .July of any year has in his possession any strijied bass, taken, caught or killed except with a hook and line; or who between the first day of May and the first day of July of any year, buys, sells or offers for sale, ships, offers for shipment, or receives for shipment or transportation any 8tri|)ed bass; or who, at any time, offers for shipment, ships, or receives for sliipnieiit or transportation, or transports, from the state of Cali- fornia to any place in any dther state, territory, or foreign country any striped bass, caught or taken in the waters of this state, is guilty of a misdemeanor; provided, that the possession of such striped bass shall be prima facie evidence of the fact that such striped bass were caught or taken in the waters of this state. Nothing in this section shall prohibit the United States fish commis- sion and the fish and game commission of this state, from ship[>ing outside of the state striped bass for purposes of stocking waters without the state. [Amendment approved March 16, 1911; Stats. 1911, p. 372.] There was another $ 628a adopted at the same session. See supra. Protection of black bass. Game district No. 2. Game district No. 3. Perch, stinfish, etc. Game district No. 4. § 628b. Kvtry person wlio between tlie first day of January and the first day of .June of each year, buys, sells, offers for sale, takes, catches, kills, or has in his f)Ossession any black bass; or who at any time. except with hook and line and in the manner commonly known as angling, takes, catches, kills any black bass; or who takes, catches. 217 PENAL CODE. §§628f, G28g kills, or has in his possession more than twenty-five black bass during any one calendar day; or who takes, catches, kills, or has in his possession any black bass of less than seven inches in length is guilty of a misdemeanor; provided, that in game district number 2 every person who between the first day of Apiril and the first day of July of each year, buys, sells, offers for sale, takes, catches, kills, or has in his possession any black bass; or who at any time, except with book and line and in the manner commonly known as angling, takes, catches, kills any black bass; or who takes, catches, kills, or has in his posses- sion more than twenty-five black bass during any one calendar day; or who takes, catches, kills, or has in his possession any black bass of less than seven inches in length is guilty of a misdemeanor; provided, fur- ther, that in game district number 3 every jjcrson who between the first day of January and the first day of May of each year, buvs, sells, offers for sale, takes, catches, kills, or has in his possession any black bass; or who at any time except with hook and line and in the manner commonly known as angling, takes, catches, kills any black bass, Sacramento perch, crappie, blue-gill sunfish or green sunfish; or who takes, catches, kills, or has in his possession more than twenty-five black bass during any one calendar day; or who takes, catches, kills, or has in his possession, any black bass of less than seven inches in length; or who sells or offers for sale any Sacramento perch, crappie, blue-gill sunfish or green sunfish is guilty of a misdemeanor; provided, further, that in game district number 4 every person who between the thirtieth day of November and the first day of May of each year, buys, sells, offers for sale, takes, catches, kills, or has in his possession any black bass, Sacramento perch, crappie or blue-gill sunfish; or who at any time except with hook and line and in the manner commonly known as angling, takes, catches, kills any black bass, Sacramento perch, crappie or blue-gill sunfish; or who takes, catches, kills, or has in his possession more than twenty-five black bass, Sacramento perch, crappie or blue-gill sunfish during any one calendar day; or who takes, catches, kills, or has in his possession, any black bass of less than seven inches in length is guilty of a misdemeanor. [Amendment approved June 16, 1913; Stats. 1913, p. lOOS. In effect August 10, 1913.] Gathering clams. § 628f. Every person who takes, gathers, catches or has in his pos- session any clam, known as the Pismo clam (Tivela stultorum) which shall measure less than thirteen inches around the outer edge of the shell, or who during any one calendar day takes, gathers, catches, or has in his possession more than two hundred of said clams shall be guilty of a misdemeanor. [New section approved April 14, 1911; Stats. 1911, p. 915.] Shipping abalone meat prohibited. Penalty. § 628g. Every person, firm, corporation or association who delivers, places or deposits any abalone meat fresh or dry, with any railroad §§ 628g-631d PENAL CODE. 213 company, steamship company, express company, or other common car- rier, for shipment or transportation out of this state, and every railroad company, steamship company, express company, or other common carrier, who receives and accepts for shipment or transportation, or who ships, carries or transports any abalone meat fresh or dry, or in cans holding more than one pint beyond the confines of this state, shall be guilty of a misdemeanor. [New section approved June 16, 1913; Stats. 1913, p. 985. In effect August 10, 1913.] Another § G2Sg was passed at the same session as follows: Salt-water perch. § 628g. Every person who, between the first day of May and the fifteenth day of July of any year, buys, sells, offers for sale, ships or offers or receives for shipment, any variety of salt-water perch (embio- tocidae), is guilty of a misdemeanor. [New section approved June 16, 1913; Stats. 1913, p. 986. In effect August 10, 1913.] Another } 628g was passed at the same session. See supra. Fish business without license misdemeanor. § 630. Kvcry persun wlin carries on the business of purchasing, sell- ing, and dealing in fish or in wild game or wild animals by wholesale in this state, except by authority of a license is guilty of a misde- meanor. [New section approved April 14, 1911; Stats. 1911, p. 902.] Begister of fish and game bought. § 630a. Every wholesale tlcaler in fish or in wiM game or wild ani- m.ils wlio buys or deals in the fish or in the wild game or animals of this state for profit, shall upon receipt or purchase of any fish or of any wild game or wild animals in this state, enter at the time of the trans- action, in a registi'r kept by him for that purpose, in the English language, the date, the kind and weight of fish so received or bought, and the date, the kind and number of wild game or animals so received, or bought, and the name and the residence of the person or persons from whom tlie same was received, or purcha'ed. Every jierson who violates anv of Ihe provisions of this section is guilty of a misdemeanor. [New section approved April 14, 1911; Stats. 1911,' p. 902.] Failure to produce register misdemeanor. § 630b. Every wholesale dealer for profit in any of the fish or wild game or animals of this state who fails, refuses, or neglects to produce for inspection his register to any fish and game commissioner of this state, or any duly appointed, qualified, anartridges, quail or ducks were sold or to whom they were transported. TrajQsportation. 4. Com moil carriers may receive and transport during the open sea- son therefor, carcasses, or parts thereof, of said deer, pheasants, par- triaid into the state treasury, to the credit of the fish and game preserva- tion fund. Nothing; in this section shall prohibit the Tuited States fish cumMiission and the fish and ^nme commission of this state from taking at all times such stoelhead trout or other trout as they deem necessary for the jiurpose of propagation or for scientific purposes. [Amendment approved June 16, 1913; Stats. 1913, p. lOUG. In effect August 10, 1913.] Also amended March 8, 1911 (Slats. 1911, p. 314). Protection of salmon, shad and bass. Use of nets. San Francisco bay. Eel river. Mad river. Klamath river. Misdemeanor. Sale of sal- mon lawfully taken. Tidewater in Eel river. Penalty. § 634. Every person who, between the twentieth day of September and the fifteenth day of November of each year, except with spear or hook and line, said hook and line to be used in the manner known as angling, takes, catches or kills, any salmon, shad or striperesence of the court, except that where the charge has been preliminarily examined before a committing magis- trate and the testimony taken down by question and answer in the pres- ence of the defendant, who has, either in person or by counsel, cross- examined or had an opportunity to cross-examine the witness; or where the testimony of a witness ou the part of the people, who is unable 233 PENAL CODE. §§ 692-786 to give securit}' for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or bad an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within the state; and except also that in the case of oflfensps hereafter committed the testimony on behalf of the people or the defendant of a witness deceased, insane, out of jurisdiction, or who cannot, with due diligence, be found within the state, given on a former trial of the action in the presence of the defendant who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, may be admitted. [Amendment approved March 14, 1911; Stats. 1911, p. 364.] Citations. App. 13/779; 14/114, 130; 17/374, 449; 18/297; (subd. 3) 13/777; 16/132; 17/448. § 692. Citations. App. 13/103; 19/474. § 693, Citations. App. 13/103. § 694. Citations. App. 19/474. § 702. Citations. App. 9/312. § 758. Citations. Cal. 157/483, 484, 485, 486; 161/173, 174, 199, 201, 202. App. 11/441; 19/550. § 759. Citations. App. 19/550. § 770. Citations. Cal. 161/173. App. 8/754. § 772. Citations. Cal. 161/199, 201, 202. App. 8/751, 753, 754, 755; 18/429. § 781. Citations. App. 14/282. § 782. Citations. Cal. 155/226. § 786. Citations. App. 15/124. 794-872 PENAL CODE. 234 § 794. Citations. App. 9/130. § 800. Citations. App. 14/284. § 801. Citations. Cal. 155/587. App. 9/381. § 806. Citations. App. 13/740. § 808. Citations. App. 16/424. § 809. Citations. App. 8/755; i; 3/216, 740: § 811. Citations. Cal. 155/588. 589. App. 12/478; 16/424. § 812. Citations. Cal. 155/588, 589. App. 12/478; 13/740. § 813. Citations. Cal. 155/588. Peace officera. § 817. \ jicacc oflRccr is a sheriff of a county, or a constable, mar- shal, or policeman of a township, city, or town, or inspectors of the Ciilifornia state board of pharmacy, not exccoling ten in number. [Amendment ai)proved May 17, 1913; Stats. 1913, p. 1206. In eflfect Au- gust, 10, 1913.] § 836. Citations. Cal. 155/531. § 858. Citations. App. 13/324; 19/552. § 869. Citations. Cal. (subd. 5) 163/465. App. 17/448. 449; 18/447, 449; (subd. 5) 16/48; (subd. 6) 15/586. § 870. Citations. App. 15/586, 587, 589. § 872. Citations. App. 8/742; 9/264; 10/672; 12/498; 13/738, 755; 17/489, 490. 235 PENAL CODE. §§ 877-907 § 877. Citations. App. 17/490. § 883. Citations. App. 9/542; 19/352. § 888, Citations. App. 11/364; 13/740; 19/550, 551, Accepting grand juror, § 894. Before accepting a person drawn as a grand .I'nror, the court must be satisfied that such person is duly qualified to aet as such juror, but when drawn and found qualified he must be accepted unless the court, on the application of the juror and before he is sworn, shall ex- cuse him from such service for any of the reasons prescribed in chapter 1, title 3, part 1 (sections 190-254) of the Code of Civil Procedure. [Amendment approved March 22, 1911; Stats. 1911, p. 433.] Allowing challenge, § 895. No challenge shall be made or allowed to the panel from which the grand jury is drawn, nor to an individual grand juror, unless when made by the court for want of qualification, as prescribed in the next preceding section, [Amendment approved March 22, 1911; Stats. 1911, p, 434.] Challenging grand juror, § 896. [Repealed March 22, 1911; Stats. 1911, p. 434,] Citations. Cal. 157/664. Challenges, how made. § 897, [Eepealed March 22, 1911; Stats. 1911, p. 434.] Decision upon challenges. § 898, [Repealed March 22, 1911; Stats. 1911, p. 434.] Effect of allowing a challenge to a panel. § 899. [Repealed March 22, 1911; Stats. 1911, p. 434.] Eflfect of allowing challenge to an individual juror. § 900, [Eepealed March 22, 1911; Stats. 1911, p. 434.] Citations. Cal. 157/665, 666. Objections can only be taken by challenge. § 901. [Repealed March 22, 1911; Stats. 1911, p. 434.] Permitting prejudiced juror to retire. § 907. Before considering a charge against any person, the foreman of the grand jury shall state to those present the matter to be considered and the person to be charged with an offense in connection therewith, §§ 915-925 PENAL CODE. 236 and direct any member of the grand jury who ha«! a state of mind in referenr-e to the case or to either party which will prevent him from acting impartially and without prejudice to the substantial rights of the party to retire. Any violation of this section by the foreman or any member of the grand jury is punishable by the court as a contempt. [New section approved March 23, 1911; Stats. 1911, p. -152.] § 915. Citations. App. 9/282, 283. § 919. Citations. App. 8/220. § 922. Citations. Cal. 157/666. Advice to grand jury. Report of testimony. Service on defendant. Who may be present. § 925. The grand jury may, at all times, ask the advice of the court, Or the judge thereof, or of the district attorney; but unless such advice is aslceear before the grand jury for the purpose of giving information or advice relative to any matter cognizable by them, and may interrogate witnesses before them whenever he thinks if necessary; the grand jury, on the demand of the district attorney, whenever criminal causes arc being investigated before them, must appoint a competent stenographic reporter to be sworn and to report the testimony that may be given in such causes in shorthand, and to transcribe the same in all cases where an indictment is returned. If an indictment has been found against a defendant, a copy of the testimony given in his case before the grand jury, shall be served upon him within five days after the discharge of the grand jury, or if the grand jury has not been discharged, at least five days before the cause is set for trial. The services of such steno- graphic reporter constitute a charge against the county. No person other than those specified in this and the succeeding section is permitted to be present during the session of the grand jury, except the members and witnesses actually under examination, and no person must be per- mitted to be present during the expression of their opinions, or giving their votes upon any matter before them. The grand jury or district attorney may require by subpoena the attendance of any person before the grand jury as interpreter, and such interpreter may, while his ser- vices are necessary, be present at the examination of witnesses before the grand jury. The services of such interpreter constitute a charge against the county. [Amendment approved March 22, 1911; Stats. 1911, p. 434.] Citations. Cal. 157/666; 163/463, 464, 465. App. 15/31; 17/70, 71, 72. 237 PENAL CODE. §§ 926-952 § 926. Citations. App. 8/220. Grand jury to examine books. § 928. It shall be the duty of the grand jury annually to mal 404: 18 '270. § 1033. Citations. Cal. 157/772, 774, 775, 777, 161. App. 10/5C5, 566. § 10G8. Citations. Cal. 157/781. § 1052. Citations. App. 16/431. Substitution of judges in criminal actions. §.1053. If after the commeuicnieiit of the trial of a criminal action or jnoceoding the judge shall die, become ill, or for any other reason be unable to proceed with the trial, any other judge of the superior court in and for the county, or city and county, in which the case is pending may proceed with and finish the trial; or, if there be no other judge of such superior court, then the clerk or sherifif shall adjourn the court and continue the case from day to day, until such time as the governor shall designate a judge of the superior court from some other county to i)roceed with and comjilete the trial, or until such time as, by stipulation in writing between the district attorney and the attor- ney for the defendant, filed with the clerk, a judge shall be agreed upon 241 PENAL CODE. §§ 1055-1076 by them to complete said trial. The judge authorized by the provisions of this section to proceed with and complete the trial shall have the same power, authority and jurisdiction as if the trial had been com- menced before such judge. [New section approved March 14, 1911; Stats. 1911, p. 365.] § 1055. Citations. Cal. 163/753. § 1059. Citations. App. 8/199; 10/672. § 1060. Citations. App. 8/197. § 1064. Citations. Cal. 155/542, 543. App. 9/546, 547, 549; 10/672. § 1066. Citations. Cal. 156/457, 458. § 1067. Citations. Cal. 163/753. § 1068. Citations. App. 8/199. § 1069. Citations. Cal. 163/753. App. 8/197. § 1071. Citations. Cal. 163/753. § 1072. Citations. Cal. 163/753, 754. App. 8/199; 17/738. § 1073. Citations. Cal. 159/117; 163/753. App. (subd. 2) 8/188; 13/558. § 1074. Citations. Cal. 163/753. A.pp. 17/779; (subd. 2) 17/788. § 1075. CiUtions. Cal. 163/753. § 1076. Citations. Cal. 155/543: 159/9, 10, 117, 118, 119; 163/753, 757. App. 8/112; 13/559; 14/592, 594. 16 1077-1111 PENAL CODE. S4^ § 1077. Citations. Cal. 163/753. § 1078. Citations. Cal. 163/753. § 1081. Citations. Cal. 163/754. § 1082. Citations. Cal. 163/754. § 1083. Citations. Cal. 156/458. § 1087. Citations. Cal. 163/754. App. 17/142, 143, 144. 145, 147, 148. § 1088. Citations. Cal. 1G3/754. § 1093. Citations. Cal. (subd. 1) 156/738. App. (subd. 1) 8/114. § 1094. Citations. App. 8/119. § 1096. Citations. App. 9/193; 15/200; 17/452. § 1098. Citations. App. 17/774. § 1105. Citations. Cal. 160/370, 371. App. 15/31. § 1108. Citations. Cal. 161/447, 555, 563. App. 15/205. Conviction upon testimony of an accomplice. § 1111. A conviction cannot be had upon the testimony of an accom- plice, unless he be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. [Amendment approved March 24,, 1911; Stats. 1911, p. 4S4.] Citations. Cal. 161/436, 438. App. 9/270; 11/218, 468, 667; 12/182; 14/ 697; 16/430, 750. 243 PENAL CODE. §§ 1121-1175 § 1121. Citations. App. 8/114, 115, 116. § 1122. Citations. Cal. 15C/458. App. 11/447. § 1123. Citations. Cal. 155/585. § 1127. Citations. App. 10/240; 17/683. § 1139. Citationi. Cal. 155/585. § 1140. Citations. Cal. 155/581, 582, 585. App. 11/473. § 1U2. Citations. App. 10/458. § 1148. Citations. Cal. 156/458. § 1159. Citations. App. 9/223. § 1164. Citations. Cal. 156/458. App. 10/69. § 1170. Citations. App. 8/141; 14/108. § 1171. Citations. App. 8/141, 324, 327; 14/108. § 1172. Citations. Cal. 158/669, 673. App. 8/596; 11/189; 14/108. § 1173. Citations. Cal. 158/673. App. 14/108. § 1174. Citations. Cal. 158/669, 673. App. 8/324, 325, 326, 327, 431, 432, 595, 603, 604; 11/189, 335, 336; 14/108. § 1^75. Citations. App. 9/135; 14/108. §§ 1176-1203 PENAL CODE. 244 § 1176. Citations. App. 14/110. § 1177. Citations. App. 9/135; 14/108. § 1180. ^ Citations. App. 8/620. § 1181. Citations. Cal. (subd. 2) 159/526; (subd. 31 159/52S: (subd. 6) 161/437. App. irj/207. § 1185. Citations. Cal. 158/669, 673; 163/465. App. 15/270, § 1187. Citations. App. 9/317. § 1188. Citations. App. 9/317, 318; 10/16. Time for pronouncing judgment. § 1191. .After a jilea or vcnlict of guilty, or after a verdict against the (lefendaiit cm a jilea of former couviction or acquittal, or once in jeopardy, the court must apjioint a time for pronouncing judgment, which must not be less than two, nor more than five days after the ver- dict or plea of guilty; provided, however, that the court may extend the time not more than ten days for the purpose of hearing or deter- mining any motion for a new trial, or in arrest of judgment; and pro- vided, further, that the court may extend the time not more than twenty days in any case where the question of probation is considered in ac- cordance with section 1203 of this code, provided, however, that upon the request of the defendant such time may be further extended not more than ninety days additional. If in the opinion of the court there is a reasonable ground for believing a defendant insane, the court may extend the time of pronouncing sentence until the question of insanity has been heard and determined, as provided in chapter 6, title 10, part 2, of this code. [Amendment approved April 6, 1911; Stats. 1911, p. 688.1 Citations. Cal. 157/iaO, 191; 159/458. App. 12/650. 651; 13/304: 14/522; 17/791; 18/641. § 1202. Citations. Cal. 157/191; 159/458. App. 12/650; 18/641. Hearing on probation. • § 1203. .\fter plea or verdict of guilty, where discretion is con- ferred upon the court as to the extent of the punishment, the court, 245 PENAL CODE. § 1203 upon oral suggestions of either party, or of its own motion, that there are circumstances which may properly be taken into view, either in aggravation or mitigation, of the punishment, may in its discretion refer the same to the probation oflRcer, directing said probation officer to investigate, and to report, recommending either for or against re- lease upon probation, at a specified time, and the court shall hear the same summarily at such specified times, and upon such notice to the adverse party as it may direct. At such specified time, if it shall appear from the report furnished by the probation officer, or otherwise, and from the circumstances, of anj' person over the age of eighteen (18) years, so having pleaded guilty, or having been convicted of crime, that there are circumstances in mitigation of the punishment, or that the ends of justice shall be subserved therebv, the court shall have power, in its discretion, to place the defendant upon probation in the manner following: Suspension of sentence. Bonds. 1. Tlie court, judge or justice thereof, may suspend the imposing, or the execution of sentence and may direct that such suspension may continue for such period of time not exceeding the maximum possible term of such sentence, except as hereinafter set forth, and upon such terms and conditions as it shall determine, which terms and conditions may include, in the discretion of the court, the requirements of bonds for the appearance of the person released upon probation before the court, at any time that the court may require such appearance in the investigation of any alleged violation of said terms and conditions of probation and such bonds may be at any time by the court exonerated without affecting any of the other terms or conditions of such pro- bation; and in case of such suspension of imposition or execution of sentence, the court shall place such person on probation and under the charge and supervision of the probation officer of said court, during such suspension; provided, however, that where the maximum possible term of such sentence is less than two years, then such period of sus- pension of imposition or execution of sentence may, in the discretion of the court, continue for not over two years. Where the offense con- sists of a violation of section 270 or 270a of the Penal Code of the state of California, such suspension of imposition or execution of sen- tence may, in the discretion of the court, continue for not over five years. Opportunity to pay fine. 2. If the judgment is to pay a fine, and the defendant be imprisoned until it be paid, the court, judge, or justice, upon imposing sentence, may direct that the execution of the sentence of imprisonment be sus- pended for such period of time, not exceeding the maximum possible term of such sentence, and on such terms as it shall determine, and shall place the defendant on probation, under the charge and super- § 1203 PENAL CODE. 246 vision of the probation officer during such suspension, to the end that he may be given the opportunity to pay the fine; provided, howL-ver, that upon the payment of the fine being made, judgment shall be satis- fied and the probation cease. Rearrest. May pronounce judgment. ;i At any time during the probationary term of the person released on probation, in accordance with the provisions of this section, any probation officer may, without warrant, or other process, at any time until the final disposition of the case, rearrest any person so placed in his care and bring him before the court, or the court may. in its dis- cretion, issue a warrant for the rearrest of any such person and may thereupon revoke and terminate such probation, if the interest of jus- tice so requires, and if the court, in its judgment, shall have reason to believe from the report of the probation officer, or otherwise, that the person so placed u[»on probation is violating the conditions of his pro- bation, or engaging in criminal practices, or has become abandoned to improper associates, or a vicious life. Upon such revocation and ter- mination, tiie court may, if the sentence has been suspended, pro- nounce judgment after the said suspension of the sentence for any time witliin the longest period for which the defendant might have been sentenced, but if the judgment has been pronounced and the execution thereof lias been suspended, the court may revoke such suspension, whereupon tlie judgment shall be in full force and eflFect, and the per- son shall be di'livcrcd over to the proper officer to serve his sentence. Court may revoke order. 4. The court shall have power at any time during the term of pro- bation to revoke or modify its order of suspension, of imposition or execution of sentence. It may, at any time, when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation and discharge the person so held, and in all cases, if the court has not seen fit to revoke the order of probation and imjiose sen- tence or pronounce judgment, the defendant shall, at the end of the term of probation, be by the court dischargeil. Change of plea. 0. Kvory defendant who has fulfilled the conditions of his probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, shall at any time jirior to the expiration of the maximum period of punishment for the offense of which he has been convicted, dating from said discharge from probation or said termination of said period of probation, be per- mitted by the court to withdraw his plea of guilty and enter a plea of not guilty; or, if he has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusation or information against such 247 PENAL CODE. § 1203 defendant who shall thereafter be released from all penalties and dis- abilities resulting from the offense or crime of which he has been coa- victed. Probation officers to serve. 6. The sainn probation officers and assistant probation officers and deputy probation otTicers shall serve under this act as are appointed under the act known as the juvenile court law, and entitled "An act concerning dependent and delinquent minor children, providing for their care, custody, and maintenance until twenty-one years of age; providing for their commitment to the Whittier State School and the Preston State School of Industry, and the manner of such commit- ment and release therefrom, establishing a probation committee and probation officers to deal with such children, and fixing the salaries of probation officers; providing for detention homes for said children; providing for the punishment of persons responsible for, or contributing to, the dependency or delinquency of children; and giving to the superior court jurisdiction of such offenses, and repealing inconsistent acts," approved March 8, 1909, or under any laws amending or super- seding the same. Transfer of case. 7. Whenever any person is released upon probation under the pro- visions of this act, the case may be transferred to any court of the same rank in any other county, or city and county, of this state in which such person resides, or to which such person may remove, and such court shall thereupon commit such person to the care and custody of the probation officer of the county, or city and county, to which such person has been transferred; such court shall thereafter have entire jurisdiction over such case, with like power to make transfer whenever to such court such transfer may seem proper. Report on person's antecedents. S. At the time of the plea or verdict of guilty of any crime of any person over eighteen years of age, the probation officer of the county of the jurisdiction of said crime shall, when so directed by the court, inquire into the antecedents, character, history, family environment, and offense of such person, and must report the same to the court, and file his report in writing in the records of said court. His report shall contain his recommendation for or against the release of such person on probation. If any such person shall be released on probation and committed to the care of the probation officer, such officer shall keep a complete and accurate record in suitable books or other form in writing, of the history of the case in court, and of the name of the probation officer, and his acts in connection with said case; also the age, sex, nativity, residence, education, habits of temperance, whether married or single, and the conduct, employment, and occupation, and parents' occupation, and condition of such person so committed to his § 1203 PENAL CODE. 248 care during the term of such probation and the result of such pro- bation. Such record of such probation officer shall be and constitute a part of the records of the court, and shall at all times be open to the inspection of the court, or of any person appointed by the court for that purpose, as well as of all magistrates, and the chief of police, or other head of the police, unless otherwise ordered by the court. Said books of record shall be furnished for the use of said probation officer of said county, and shall be paid for out of t"he county treasury. Report of probation officers. 8a. E'vfry probation ofTicer, within fifteen days after the 30th day of June, and within fifteen days after the 31st day of December, of each 3'ear, shall make in writing and file as a public document with the county clerk a report to the superior court of the county or city and county in which such probation officer is appointed to serve, and shall furnish a copy of such report to each .iudge in said county or city and county who has released any person on probation who at the time of such report rPTuains on probation; and a further copy to the secretary of the state board of charities and corrections. Such report shall state, without giving names, the exact number of persons, segregating male and female, and segregating misdemeanors and felonies who have been released on probation to such probation officer as such number exists, deducting all cases of expiration, discharge, dismissal, and restoration of rights, on said 30th day of .Tune and said 31st day of December; and such report shall further segregate such persons as having been re- leased on probation, as the case may be, in 1903. 1904, 190.5, and so on, up to and including the calendar year in which such report is made and filed. Statement of terms of probation. 9. The jirolmtion oflicor shall furnish to each person who has been releascerson upon probation, any violation or breach of the terms and conditions imposed by such court on the person placed in his care. Powers of peace officers. 10. Such proliatioii officer shall have, as to the person so committed to the care of said probation officer, the powers of a peace officer. [Amendment approved May 23, 1913; Stats. 1913, p. 221. In effect August 10, 1913.] Also amended April 6, 1911 (Stats. 1911, p. 689). Citations. Cal. 1.57/190; 1.58/494; 163/177. 178; (snbd. 41 158/494: (suhd. 5) 163/178. App. 8/369; 17/680; 18/168, 170; 19/5G9, 570, 571, 572, 573, 674. 249 PENAL CODE. §§ 1205-1247 § 1205. Citations. Cal. 160/379, 380, 381, 384, 385, 386, 387. App. 10/462; 19/ 218, 219. § 1207. Citations. Cal. 156/458, 739; 158/669, 670, 671, 672, 673; 159/784; 103/ 383; (subds. 2, 3, 4) 158/672. App. 8/G37; 9/202, 205; 16/433. § 1213. Citations. Cal. 156/739. App. 8/371. § 1214. Citations. Cal. 160/380. § 1216. Citations. App. 8/371. § 1237. Citations. Cal. 157/733. App. 8/602; 9/266; 11/117, 669; 13/706; 14/ 228; 16/584; 17/275, 520; 18/60. § 1238. Citations. App. 8/602. § 1239. Citations. App. 13/299, 328, 706; 14/119; 15/322, 323, 324; 16/584. § 1240. Citations. App. 8/467; ^13/328, 706; 15/322, 323, 324. § 1241. Citations. App. 13/706; 16/584, 585. § 1246. Citations. Cal. 158/670. App. 14/110; 16/584, 585; 17/790. Settlement of grounds of appeal. § 1247. Upon an appeal being taken from any judgment or order of the superior court, to the supreme court or to a district court of ap- I)eal, in any criminal action or proceeding where such appeal is allowed by law, the defendant, or the district attorney when the people appeal, must, within five days, file with the clerk and present an application to the trial court, stating in general terms the grounds of the appeal and the points upon which the appellant relies, and designate what portions of the phonographic reporter's notes it will be necessary to have tran- scribed to fairly present the points relied upon. If such application is not filed within said time, the appeal is wholly ineffectual and shall be §§ 1247a-1278 PENAL CODE. 250 deemed dismissed and the judgment or order may be enforced as if no appeal had been taken. The court shall, within two days after the filing of such application make an order directing the phonographic reporter who reported the case to transcribe such portion of his notes as in the opinion of the court may be necessary to fairly and fully present the points relied upon by the appellant. If the court fails to make the order within two days after the application is filed, the notes requested in the application shall be transcribed without such order. The phonographic reporter shall, within twenty days after the filing of such application, file with the clerk of the court an original transcription and three carbon copies of the portion of the notes so required to be transcribed, excluding therefrom all argument of counsel not objected to at the time it was made. The same shall be typewritten as prescribed by the rules of the supreme court. He shall ajipend to the original and to each copy iiis original affidavit that it is correct. [Amendment approved April 6, 1911; Stats. I'Jll. p. 692.] Citations. App. 13/689; 14/109; 16/585; 17/56; 18/70. § 1247a. Citations. App. 13/689; 14/109; 16/585. § 1247c. Citations. App. 13/546. § 1253, Citations. App. 12/542; 19/334. § 1258. Citations. App. 8/558; 13/660; 14/453. 590:'l8/69. § 1259. Citations. App. 8/140, 596; 11/447; 13/707; 14/228. § 1260. Citations. App. 16/797. § 1262. Citations. App. 13/512. § 1264. Citations. App. 17/429. § 1272. Citations. App. 15/187. § 1278. Citations. App. 8/470. 251 PENAL CODE. §§ 1279-1324 § 1279. Citations. App. 8/470. § 1297. Citations. App. 17/429. Husband and wife as co;npetent witness. § 1322, iV'either hu.sbaiui uor wife is a competent witness for or against the other in a ciiiiiinal iution or {jroceeding to which cue or both are parties, except with the consent of both, or in case of criminal actions or proceedings for a crime committed by one against the person or property of the other, or in cases of criminal violence upon one by the other, or in cases of criminal actions or proceedings for bigamy, or adultery, or in cases of criminal actions or proceedings brought under the provisions of sections 270 and 270a of this code. [Amendment approved March 2, 1911; Stats. 1911, p. 270.J Citations. Cal. 159/12, 13, 14; 163/425. App. 8/740; 9/234; 12/195. § 1323. Citations. Cal. 163/484. App. 8/117, 118, 139; 10/456, 457; 13/493; 14/ 608, C09. Witness not to be prosecuted upon testimony of himself. Person not exempt if testimony is voluntary. § 1321. A person hereafter offending against any of the provisions of this code, or against any law of this state, is a competent witness against any other person so offending, and may be compelled to attend and testify and produce any books, papers, contracts, agreements or documents upon any trial, hearing, proceeding or lawful investigation or judicial proceeding, in the same manner as any other person. If such person demands that he be excused from testifying or from pro- ducing such books, papers, contracts, agreements or documents on the ground that his testimony or that the production of such books, pa- pers, contracts, agreements or documents may incriminate himself, he shall not be excused, but in that case the testimony so given and the books, papers, contracts, agreements and documents so produced shall not be used in any criminal prosecution or proceeding against the person so testifying, except for perjury in giving such testimony, and he shall not be liable thereafter to prosecution by indictment, informa- tion, or presentment, or to prosecution nor punishment for the offense with reference to which his testimony was given, or for or on account of any transaction, matter or thing concerning which he may have tes- tified or produced evidence, documentary or otherwise. No such person shall be exempt from indictment, presentment by in- formation, prosecution or punishment for the offense with reference to which he may have testified as aforesaid, or for or on account of any transaction, matter or thing concerning which he may have testified as aforesaid, or produced evidence, documentary or otherwise, where §§ 1329-1333 PENAL CODE. 252 such person so testifying or so producing evidence, documentary or otherwise, does so voluntarilj', or when such person so testifying or so producing evidence fails to ask to be excused from testifying or so pro- ducing evidence, on the ground that his testimony or such evidence, documentary or otherwise, maj' incriminate himself, but in all such cases, the testimony or evidence, documentary or otherwise, so given may be used in any criminal prosecution or proceeding against the per- son so testifying or producing such evidence, documentary or otherwise. Any person shall be deemed to have asked to be excused from testify ing or producing evidence, documentary or otherwise, under this section, unless before any testimony is given or evidence, documentary or other- wise, is produced by such a witness, the judge, foreman or other person presiding at such trial, hearing, proceeding or investigation, shall dis- tinctly read this section of this code to such witness, and the form of the objection b^' the witness shall be immaterial, if he in substance makes objection that his testimony or the production of such evidence, documentary' or otherwise, may incriminate himself, and he shall not be obliged to object to each question, but one objection shall be suffi- cient to protect such witness from prosecution for any offense concern- ing which he may testify, or for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, docu- mentary or otherwise, upon such trial, hearing, proceeding or investiga- tion. [New section approved March 24, 1911; Stats. 1911, p. 485.] § 1329. Citations. App. 14/113. § 1330. Citations. App. 14/113. Prisoner as material witness for people. Sheriff to execute order. Ex- penses. § 1333. When the testimony of a material witness for the people is required in a criminal action, before a court of record of this state, or in an examination before a grand jury or magistrate for an offense triable in the superior court and such witness is a prisoner in a state prison or in a county jail, an order for his temporary removal from such prison or jail, and for his production before such court, grand jury or magistrate, may be made by the superior court of the county in which such action or examination is pending or by a judge thereof; but in case the prison or jail is out of the county in which the application is made, such order shall be made only upon the affidavit of the district attorney or other person, on behalf of the people, stating that the tes- timony is material and necessary; and even then the granting of the order shall be in the discretion of said superior court or a jndge thereof. The order sliall be executed by the sheriff of the county in which it shall be made, whose duty it shall be to bring the prisoner before the 253 PENAL CODE. §§ 1367-1396 proper court, grand jury or magistrate, to safely keep him, and when lie is no longer required as a witness, to return him to the prison or jail whence he was taken; the expense of executing such order shall be a proper charge against, and shall be paid by, the county in which the order shall be made. [Amendment approved May 21, 1913; Stats. 1913, p. 238. In effect August 10, 1913.] § 1367. Citations. Cal. 157/190. App. 15/268, 270. § 1368. Citations. App. 15/268, 269; 19/749. § 1373. Citations. Cal. 157/190. § 1382. Citations. Cal. 155/170; 160/337, 338. App. 13/215, 216; 17/4, 6. § 1385. Citations. App. 9/49; 11/472, 474, 476. § 1387. Citations. App.. 9/49; 11/474, 475; 14/125. § 1388. Citations. Cal. 157/767. § 1390. Citations. App. 9/541; 13/540, 541. § 1391. Citations. App. 9/541; 13/540, 541. § 1392. Citations. App. 9/541; 13/540, 541. § 1393. Citations. App. 9/541; 13/540, 541. § 1394. Citations. App. 9/541; 13/540. § 1395. Citations. App. 9/541; 13/540. § 1396. Citations. App. 9/541, 542, 543; 13/540. §§ 1397-1466 PENAL CODE. 254 § 1397. Citations. App. 9/541. § 1404. Citations. App. 14/453. § 1408. Citations. App. 12/585, 587, 594. § 1409. Citations. App. 12/585, 587, 594. § 1413. Citations. App. 12/585. § 1425. Citations. Cal. 158/497; 160/20. App. 12/486, 487, 488. * § 1426. Citations. Cal. 155/587, 588; 160/19, 20. App. 10/514; 11/363; 18/744; 19/550. § 1426a. ClUtions. Cal. 1. '55/587. § 1427. Citations. Cal. 155/588. § 1428. Citations. App. 12/480. § 1431. Citations. App. 13/455. § 1433. Citations. App. 16/4 31. § 1446. Citations. C.il. 160/386. § 1449. Cit.itions. App. 18/640. 641. § 1455. Citations. App. 8/371; 19/554. § 1466. Citations. App. 16/789. 255 PENAL CODE. §§ 1468-1557 § 1468. Citations. App. 16/786; 17/429. § 1470. Citations. Cal. 159/77. § 1474. Citations. Cal. 159/365. § 1475. Citations. Cal. 164/730. § 1484. Citations. § 1486. Citations. § 1487. Citations. § 1505. Citations. § 1524. Citations. § 1527. Citations. § 1536. Citations. App. 10/125, 130. App. 9/693. Cal. (subd. 7) 162/241. App. 9/264; (subd. 7) 8/421; 9/693. App. 19/254. App. (subd. 1) 12/585. App. 12/584. App. 12/585. Accounts for returning fugitives. § 1557. When the governor of this state, in the exercise of the aiithor- ity conferred by section 2, article 4, of the constitution of the United States, or by the laws of this state, demands from the executive author- ity of any state of the United States, or of any foreign government, the surrender to the authorities of this state of a fugitive from justice, who ha^ been found and arrested in such state or foreign government, the accounts of the person employed to bring back srich fugitive must be audited by the board of control and paid out of the state treasury; pro- vided, however, that the state shall not pay the expenses .of any such person so employed where the fugitive returned is not placed on trial, but such expense shall be a charge upon the county asking the requisi- tion. [Amendment approved May 19, 1913; Stats. 1913, p. 244. In effect August 10, 1913.] §§1578-1584 PENAL CODE. 256 Duties of prison wardens. § 1578. The wardens shall reside at the state prisons to which they are respectively assigned, in houses provided and fiirni?hed at the ex- pense of the state, as may be ordered by the board of directors, and it shall be their duty: • 1. To fill all subordinate positions that may be created by order of the board of directors, by appointment of suitable persons thereto. 2. Under the order and direction of the board, to prosecute all suits. at law or in equity, that may be necessary to protect the rights of the state in matters or property connected with the prisons and their management, such suits to be prosecuted in the name of the board of state prison directors. ^. To su|»ervise the government, discipline and police of the prisons, and to enforce all orders and regulations of the board in •respect to such prisons. A registry of convicts shall be kept by them respectively, in which shall be entered the name of each convict, the crime of which he is convicted, the period of his sentence, from what county sentenced, by what court sentenced, his nativity, to what degree educated, at wtiat institution and under what system, an accurate description of his person, and whether he has previously been confined in a state prison in this or any otlicr state, and if so, when and how he was discharged. 4. To rejiort to tlie governor, before the twentieth of each month the names of all jirisonors whose terms are about to expire, giving in such report the terms of their sentences, the date of imprisonment, the amount of total credits to the date of such report, and the date when their service would expire by limitation of sentence. 5. To grade and classify the prisoners, in accordance with the rules and regulations of the board of directors, now existing or which may hereafter be made, and to provide for clothing them in such manner that the difTerent grades or classes may be reailily ilistinguished. (i. Tlie warden of each state prison or reformstory institution must keep a i>unislinient book in which a record of all punishments and what kind of punisliments arc administered to prisoners or inmates, if any; the offense committed; the rule or rules violated; the nature of punishment administered; the name of the officer who ordered such punishment; the duration of time during which the offender was subjected to punish- ment; the condition of the prisoner's health; the number of times pun- ished. Said book shall be kept by an officer of the prison. 7. To perform such other duties as may be prescribed by the board of directors. [Amendment approved June 16, 1913; Stats. 1913, p. 1664. In effect August 10, 1913.] Moneys received at San Quentin or Folsom. § 1584. All moneys received or colUnted by the warden of San Quen- tin prison shall be reportetl to the state controller on the first day of each and every month in such form as the controller may require, and, at the same time, shall, on the order of the controller, be paid into the '257 PENAL CODE. §§ 1588-1616 state treasury to the credit of "the prison fund of San Quentin prison," except so nuicii tlieroof as shall be necessary to be paid into the jute re- volving fund as required by the provisions of an act of the legisla- ture, approved March 9, 1885, and the acts amendatory thereof or sup- plemental thereto. All mone}' received or collected by the warden of Folsom prison shall be reported to the state controller on the first day of each and every month, in such form as the controller may require, and at the same time shall be paid into the state treasury to the credit of the Folsom state prison fund excepting so much thereof as may be necessary to pay the expenses and money allowed discharged prisoners under the provisions of this title. The wardens shall require vouchers for all moneys by them expended, and safely keep the same on file in their respective oflfices at the prisons. For all sums of money required to be paid other than for the uses above named, as well as for said uses when there is not sufficient money in the hands of the warden, drafts shall be drawn on the controller of state, signed by at least three of the directors, and the controller of state shall draw his warrant on the state treasurer, who shall pay the same out of any moneys belonging to the state prison funds, or appropriated for the use or support of the state prisons. The amount of all money retained by the war- dens, and the aggregate amount paid out, shall be reported quarterly to the controller of state and the proper entries shall bo made on the controller's books. [Amendment approved February 28, 1911; Stats. 1911, p. 91.] § 1588. Citations. App. 13/400. Care of female prisoners in .county jails. § 1616. Whenever any female prisoner or prisoners are confined in any county jail in the state, and no regular jail matron has been ap- pointed, there shall be designated by the sheriff some suitable woman who shall have immediate care of such female prisoner or prisoners. Such female prisoners shall be so kept that they cannot see or be seen by, or converse with, any male prisoners confined in said jail, and it shall be unlawful for any male officer or jailer to search the person of any female prisoner, or to enter into the room or cell occupied by any female prisoner, except in the company of such matron or woman having the care of such female prisoner. [New section, approved April 15, 1911; Stats. 1911, p. 924.] 17 THE POLITICAL CODE OF TUE STATE OF CALIFORNIA. AMENDMENTS OF 1911 AND 1913. § 3. Citations. Cal. 155/761. § 8. Citations. App. 10/797. Holidays. Saturday half-holiday. Public schools. § 10. Holidays, within the meaiiinfj of tliis code, are every Sunday, the first day of January, twelfth day of February, to be known as Lin- coln day, twenty-second day of February, thirtieth day of May, fourth day of July, ninth day of September, first Monday in September, twelfth day of October, to be known as "Columbus day," twenty-fifth dav of December, every day on which an election is held throughout the state, and every day appointed by the President of the United States or by the governor of this state for a public fast, thanksgiving or holiday. If the first day of .Tanuary, twelfth day of February, twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of Sejjtember, the twelfth day of October, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holi- day. Every Saturday from 12 o'clock noon iintil 12 o'clock midnight is a holiday as regards the transaction of business in the public offices of this state, and also in political divisions thereof where laws, ordinances or charters provide that public offices shall be closed on holidays; this shall not be construed to prevent or invalidate the issu- ance, filing, service, executioH or recording of any legal process or ■written instrument whatever on such Saturday afternoon; and provided, further, that the pnblic schools of this state shall close on Saturday, Sunday, the first day of January, the thirtieth day of May, the fourth day of July, the twenty-fifth day of December and on every day ap- pointed by the President of the United States or the governor of this state for a public fastj thanksgiving or holiday. Said public schools (259) §§ 13-17 POLITICAL CODE. 260 shall continue in session on all other legal holidays and shall hold proper exercises commemorating the day. Boards of school trustees and city boards of education shall have power to declare a holiday in the public schools under their jurisdiction when good reason exists there- for. [Amendment approved March 27, 1911; Stats. 1911, p. 521.] § 13. Citations. Gal. 158/348; 160/291. App. 9/472. § 15. Citations. App. 11/415. Words and terms used in the Political Code defined, § 17. Words used in this rode in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as a natural person; writing includes printing and typewriting; oath includes affirmation or declaration; every mode of oral statement under oath or affirmation is embraced by the term "testify," and every written one in the term "depo«e"; signature or subscription includes mark, when the person cannot write, his name being written near it by a nerson who writes his own name as a witness; provided, that when a signature is made by mark it must, in order that the same may be acknowledged or serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses to such signa- ture. The following words, also, have in this code the signification attached to them in this section, unless otherwise apparent from the context: One — The word "property" includes both real and personal property; Two — The words "real property" are coextensive with lands, tenements and hereditaments; Three — The words "personal property" include money, goods, chattels, things in action, and evidences of debt; Four — The word "month" means a calendar month, unless otherwise expressed; Five — The word "will" includes codicil; Six — The word "writ" signifies an order or precept in writing, issued in the name of the peo])le, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial pro- ceedings; Seven — The word "vessel," when used with reference to shipping, in- cludes ships of all kinds, steamboats, and steamships, canal boats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons; Eight — The term "peace otficer" signifies any one of the officers men- tioned in section 817 of the Penal Code; 261 POLITICAL CODE. §§ 51-78 Nine — The term "magistrate" signifies any one of the officers men- tioned in section 808 of the Penal Code; Ten — The word "state," when ap[)lied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District and territories; Eleven — The word "section," whenever used in this code, refers to a section of this code, unless some other code or statute is expressly men- tioned. [Amendment approved January 25, 1912; Stats. Ex. Sess. 1911, p. 249.] § 51. Citations. App. 14/665. § 52. Citations. Cat. 164/628. § 58. Citations. App. 18/444. Senatorial districts. § 78. The state is divided into forty senatorial districts, which shall be designated and constituted as follows: First. 1. The counties of Del Norte, Humboldt, Trinity and Tehama shall constitute the first senatorial district. Second. 2. The counties of Modoc, Siskiyou, Shasta and Lassen shall constitute the second senatorial district. Third. 3. The counties of Plumas, Sierra, Nevada, Placer and El Dorado shall constitute the third senatorial district. Fourth. 4. The counties of Mendocino, Colusa, Lake and Glenn shall constitute the fourth senatorial district. Fifth. 5. The counties of Napa and Solano sliall constitute the fifth senatorial district. Sixth. 6. The counties of Butte, Yuba, Sutter and Yolo shall constitute the sixth senatorial district. Seventh. 7. The county of Sacramento shall constitute the seventh senatorial district. § 78 POLITICAL CODE. 262 Eighth, 8. The county of Sonoma shall constitute the eighth senatorial dis- trict. Ninth. 9. The counties of Marin and Contra Costa shall constitute the nicth senatorial district. Tenth. 10. The counties of San Joaquin and Amador shall constitute the tenth senatorial district. Eleventh. 11. The counties of San Mateo, San Benito and Santa Cruz shall constitute the eleventh senatorial district. Twelfth. 12. The counties of Tuolumne, Mariposa, Stanislaus, Merced, Alpine, Mono, Madera and Calaveras shall constitute the twelfth senatorial district. Thirteenth. l.'l Ail that portion of the county of Alameda described as fallows, to wit: Boginning 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 north- easterly boundary' line of the city of Piedmont; thence southeasterly and soutlierly following the northern and eastern boundary line of the city of Piedmont to the southeasterly corner thereof; thence south- westerly along Thirteenth avenue 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 Tliirty 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 the old County Koad; 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 Eoad No. 3358, to the center line of Grand, or Ninetieth Avenue; thence southwesterly along said line of Ninetieth avenue, crosssing East Fourteonth street to the center line of "B," or Second street; thence easterly along said "B" street to the center line of .Tones, 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 Brcoklyn 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 .\lamcd.a township to the westerly boundary line of Alameda county; thence 263 POLITICAL CODE. § 78 southerly along said westerly boundary line to its intersection with the northerly boundary line of Santa Clara county; thenee easterly alnn^ the boundary line dividing Alameda and Santa Clara counties to a point which is the intersection of the boundary lines of the counties of Ala- meda, Santa Clara, Stanislaus and San Joa(juin; 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 intersects the westerly boundary line of the county of San Joaquin; thence in a southwesterly and north- westerly direction along the boundary line between the counties of Alameda and Contra Costa to the point of beginning, shall constitute the thirteenth senatorial district. rourteenth, 14. All that portion of the county of Alameda described as follows, to wit: Beginning at a point where the westerly 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 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 Eoad; 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 southerh' along said line of Nine- tieth avenue, crossing East Fourteenth street to "B," or Second street; thenee 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 divid- ing Brooklyn and Eden townships; thence westerly along said town- ship 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, shall constitute the fourteenth senatorial district. § 78 POLITICAL CODE. 264 Fifteenth. 15. All that portion of the county of Ahimeda described as follows, 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 ot Eunice street to the center line of Milvia street; thence southerly along the center line of Milvia street to the center line of .\deline 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 north- ern boundary line of Alameda township; thence easterly along the northern boundary lino 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 lownship, pass- ing 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 Thir- teenth avenue; thence northeasterly along the center line of Thirteenth avenue, or County Road to Moraga Valley, to the southeastern corner of the city of Piedmont; thence northerly and westerly following the easterly and northerly boundary lines of the city of Piedmont to the line dividing Brooklyn and Oakland townships; thence northeasterly along the last said township line to the boundary line of .\lameda county; thence northwesterly along the county boundary line to the point of beginning, shall constitute the fifteenth senatorial district. Sixteenth. K). All that portion of the county of Alameda described as follows, 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 southerly 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 lino of San Pablo avenue; thence southerly along the center line of San Pablo avenue to the center line of Bronilway; thence southerly along the center line of Broadway to the northern boundary line of Alameda township; thence westerly along the line dividing Alameda and 265 POLITICAL CODE. § 78 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 fol- lowing the northern boundary line of the county of Alameda to the point of beginning, shall constitute the sixteenth senatorial district. Seventeenth, 17. The counties of Monterey and San Luis Obispo shall constitute the seventeenth senatorial district. Eighteenth. IS. All that portion of the city and county of San Francisco described as follows: Coiiiinencing at the point of intersection of Van Ness avenue and Market street, continuing thence along the center line of the follow- ing named streets, to wit: Market to the waters •ef 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 boundaries of the city and county of San Francisco, shall constitute the eighteenth senatorial district. Nineteenth. 19. 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 follow- ing 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 Filbert, Fil- bert 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 soutLerly boundary line of the Presidio Reservation to Maple street. Maple to California, the place of beginning, shall constitute the nine- teenth senatorial district. Twentieth. 20. 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 following 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, Burnett 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 § 78 POLITICAL CODE. 2 6 '3 Seventeenth street; thence along said line of Seventeenth street, if ex- tended, 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 norrtherly 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, to- gether with the islands known as the Faralione Islands, shall constitute the twentieth senatorial district. Twenty-first. 21. 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 street to San Carlos street, San Carlos stre^-t to Eighteenth street, Eighteenth street to Shotwell street, Shotwell street to Twenty-first street. Twenty- first street to Bryant avenue, Bryant avenue to Armj* street, .\rmy 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 Francisco 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 Twonty-secoud 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 Kirkliam street; thence along the line of Kirkham street, if extended, easterly to a peint in the easterly boundary line of the San Miguel rancho o]>posite Seventeenth street; thence along said line southerly to Palo .\lto avenue, Palo .Vlto avenue to Burnett 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 beginning, and the following described portion of the city and county of San Fran- cisco, 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, Connecticut street to Twentieth street, Twentieth street to Bryant avenue, Bryant avenue to the point of beginning, sliall constitute the twenty-fiist senatorial district. 26T POLITICAL CODE. § 78 Twenty-second, -li. 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 Laguua, Laguna to O'Farrell, O'Farrell street to St. Joseph avenue, St. Josej)h avenue to Turk street, Turk to Baker, Baker to Oak, Oak to Fillmore, Fillmore to Duboee 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, Shotvvell street to Twenty-first street, Twenty- first street to Bryant avenue, the place of beginning, shall constitute the twenty-second senatorial district. Twenty-third. 23. 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 cen- ter 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 begin- ning, shall constitute the twenty-third senatorial district. Twenty- fourth. 24. All that portion of the city and county of San Francisco bounded as follows: Commencing at the point of iutersectioii 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 Fran- cisco ijounded as follows: Commencing at the point of intersection of Twenty-second and Dolores streets; thence along the center line of § 78 POLITICAL CODE. 268 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, shall constitute the twenty fourth senatorial district. Twenty-fifth. 25. Tlie counties of Ventura and Santa Barbara shall constitute the twenty-fifth senatorial district. Twenty-sixth. 26. The county of Fresno shall constitute the twenty-sixth senatorial district. Twenty seventh. 27. All that portion of the county of Santa Clara not included in the twenty-eighth senatorial district, as designated and constituted by this section, shall constitute the twenty-seventh senatorial district. Twenty-eighth. 28. All that portion of the county of Santa Clara embraced within the following precincts, as constituted at the general election in 1910, to wit: Agnews, that part of Alameda precinct lying north of the center line of Park avenue, Alviso, Berryessa, Burbank, that part of Crandalville precinct number 1 lying outside of the city limits of the city of San Jose, as established in 1911, Cupertino, East San .lose number 2, Fremont, .Tefferson, Mayfield, Milpitas numbers 1 and 2, Mountain View numbers 1 and 2, Mount Hamilton, Orchard, Palo Alto numbers 1, 2, 3, 4 and 5, Purissima, San .Tose numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Santa Clara numbers 1, 2, 3 and 4, Saratoga, Stanford, Stockton, Sunnyvale numbers 1 and 2, and University numbers 1 and 2, shall constitute the twenty-eighth senatorial district. Twenty-ninth. 29. All that portion of the county of Los .\ngele8 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 TvOs 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 Broadway 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 269 POLITICAL CODE. § 78 street to Brooklyn avenue, Brooklyn avenue to Pleasant avenue, Pleas- ant 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 dis- trict number 65, as designated and cons'tituted by section 90 of this 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 to Hill street. Hill street to Alpine street, Al^iine 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, shall constitute the twenty-ninth senatorial district. Thirtieth. 30. The counties of San Bernardino and Inyo shall constitute the thirtieth seiiatorial district. Thirty-first. 31. All that portion of the county of Los Angeles embraced within and comprising the seventy-first and seventy-second assembly districts, as designated and constituted by section 90 of this code, shall constitute the thirty first senatorial district. Tnirty-second. 32. The counties of Kings, Tulare and Kern shall constitute the thirty- second senatorial district. Thirty-third. 33. All that portion of the county of Los Angeles embraced within and comprising the sixty-eighth and seventieth assembly districts, as designated and constituted by section 90 of this code, shall constitute the thirty-third senatorial district. Thirty- fourth. 34. All that portion of the county of Los Angeles embraced within and comprising the sixty-second assembly district, as designated and constituted by section 90 of this code and all that portion of said § 78 POLITICAL CODE. 270 county bounded as follows: Commencing at the intersection of the cen- ter 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 SfVenth street. Seventh street to Vermont avenue, Vermont avenue to Melrose avenue, Melrose avenue to tile 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 num- ber 2 annexed to said city prior to November 1, 1911; thence north- westerly, westerly and southerly following the exterior lines of those portions of Tropico precincts numbers 1 and 2, and of Ivanhoe precinct so annexed to said city, to the north line of the former city of Holly- wood, 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 southerly to the center line of Washington street; thence east along said center line to the point of beginning, shall constitute the thirty fourth senatorial district. Thirty-fifth. ;>j. All that portion of the county of Los Angeles embraced within and coni|)rising the sixty-sixth and sixty-ninth assembly districts, as designated and constituted by section 90 of this code, snail constitute the thirty-fifth senatorial district. Thirty sixth. 36. All that portion of the county of Los Angeles embraced within and comprising the sixty seventh assembly district as designated and constitutes to the southerly boundary line of the city of Piedmont; thence easterly, northerly and westerly fol- lowing the said boundary line of the city of Piedmont to the line dividing Oakland ami Brooklyn townships; thence northeasterly along said dividing line between Oakland and Brooklyn townships to its inter- section with the northeasterly boundary line of the city of Oakland; thence southeasterly frdlowing said city bounoint of beginning, shall constitute the thirty-seventh as- sembly district. Thirty-eighth. 38. 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 southerly along the center line of Grove street to the center line of San Pablo avenue; thence south- erly 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 Brooklvn and Oakland tbwnships; thence southerly along the line dividing Oakland and Brooklyn town- ships to the line dividing Oakland and Alameda townships"; 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, shall constitute the thirty-eighth assembly district. Thirty-ninth. 39. All of that portion of the county of Alameda described as fol- lows, to wit: Beginning at a point where the center line of Adeline street is intersected by the center line of Twentj-second street in the city of Oakland; thence easterly along the center line of Twenty-second street to the center line of Grove street; tbence northerly along the center line of Grove street to the center of Temescal creek; thence west- erly down the center of Temescal creek to the town of Emeryville; § 90 POLITICAL CODE. 280 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 intersection with the line dividing Oakland and Alameda townships; thence easterly along the line dividing Oakland and Alameda townships to a point where a direct ex.- tension 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 be- ginning, shall constitute the thirty-ninth assembly district. Fortieth. 40. All of that portion of the county of Alameda described as fol- lows, to wit: Beginning at a point where the easterly boundary line of the town of E^uioryville 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 Temescal creek to the center line of Shattuck avenue; thence northerly along the center line of Shattuck avenue to the center line of Kussell 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 Codorniccs 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 line of the town of Albany to the northern boundary of the county of Alameda; thence westerly and southerly along the northern and western boundary line of the county of Alainedi to a point where said boundary line would be intersected by a direct extenssion 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, shall constitute the fortieth assembly district. Forty- first. 41. All of that portion of the county of Alameda described as fol- lows, to wit: Beginning at a point where the center line of Shattuck avenue is intersoited by the center line of Fifty-first street or Vernnn street, in the city of Oakland; thence oasterh- 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 jirior 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 bound:iry 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 281 POLITICAL CODE. § 90 dividing Brooklyn and Oakland townships; thence northeasterly along the line dividing Brooklyn and Oakland townships to its intersection with the northeastQrly boundary line of Alameda county; thence north- westerly and westerly following along the county boiin»aly street to North Broadway, the point of begin- ning, shall constitute the sixty-fifth assembly district. Sixty-sixth. 66. 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 along the northern patent boundary line of said city to the center line of GrifBn avenue, or the northerly prolongation thereof; thence along the north- erly jirolongation of said center line and along the center line of the following named streets, to wit: Griffin avenue to Avenue Thirty-five, Avenue Thirty-five 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 65, as constituted 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 prolonga- tion 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, shall constitute the sixty-sixth assembly district. Sixty-seventlL 67. All that portion of the county of Los Angeles included within and comprising the • following election precincts of 1910, to wit: Pasadena City numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23, and Altadena, shall constitute the sixty-seventh assembly district. • Sixty-eighth. 68. All that portion of the county of Los Angeles included within and comprising the following election precincts, and parts of election precincts of 1910, to wit: Claremont City, La Verne, Lordsburg City, San Dimas, Pomona City numbers 1, 2, 3, 4, 5 and 6, Spadra, Azusa, Azusa City, § 90 POLITICAL CODE. 286 Glendora, Covina, Covina City, Eowland, Rivera, Los Nietos, Whittier City numbers 1, 2, 3, and 4, 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 11 and 12 west, in township 1 south, San Bernardino base and meridian, shall constitute .the sixty-eighth assembly district. Sixty-ninth. GO. All that portion of the county of Los Angeles included within and comiirising the following election precincts, and parts of election precincts of 1910, to wit: Monrovia City numbers 1, 2 and 3, Duarte, Arcadia City numbers 1 and 2, Sierra Madre City, Lamanda numbers 1 and 2, Santa Anita, San Gabriel, Alhambra City numbers 1, 2 and 3, South Pasadena City numbers 1, 2 and 3, Baird, Belviclere numbers 1 and 2, Montc'bello, Laguna, P>uitlanart 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 Pai'ific Klectric Railway ("omnany, and that part of the precinct of Ei ^lonto lying north of the westerly prolongation nf the southerly line of Santa Anita precinct and also that part of said precinct of El Monte lying west of the line dividing ranges 11 and 12 west, in town- ship 1 south. San Bernardino base and meridian, shall constitute the sixty- ninth assembly district. Seventieth. 70. All that portion of the county of Los Angeles included within and comprising tlio following election precincts, and parts of election precincts of 1910, to wit: Long Beach (itv numbers 1. 2. 3, 4. 5, 6, 7. 8. 9. 10. 11, 12, 13, 14, 1.5, Ifi, 17, 18 and 19. Naples. Al.imitos, Cerritos. Artesia. Xor- walk. La Mirada, East Whittier, Downey numbers 1 and 2, Clearwater. Wiilowhrook, Dominguoz. Watts City, Conifiton City, and that part of Wilmington precinct which was anncxeil to the city of Long Beach prior to November 1, 1911, shall constitute the sevenfieth assembly district. Seventy-first. 71. All that portion of the county of Los Angeles included wifhin and comprising the following election precincts, and parts of election precincts of 1910, to wit: ( atalinn, Lomita, Green Meadows, Gardena numbers 1 and 2. all of Wilmington precinct, except the i>art which was prior to November 1, 1911. annexed to the city of Long Beach, that p:irt 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 Companv, and Los Angeles Citv precincts numbers 192. 193, 194. 197. 19^. 199. 200, 204, 205, 20C. 207. 208, 211, 213. 21S. 219. 223, 224. 22.o. 226, 227, 228, 229 and 230, shall constitute the seventy-first assembly district. 287 POLITICAL CODE. § 90 Seventy-second, 72. All that portion of the county of Los Angeles included within and comprising the following election precincts, and parts of election pre- cincts of 1910, to wit: Los Angeles, City numbers 168, 169, 170, 171, 172, 173, 174, 175, 176, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, that part of Los Angeles City precinct number 157 lying south of the center line of Jefferson street, and all of Los Angeles City precinct number 177, except that portion thereof bounded by the west patent boundary line of the city of Los Angeles, the center lino of Hoover street (formerly Kingsley street) and the center line of West Jefferson street, shall constitute the seventy-second assembly district. Seventy-third. 73. 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, Jefferson street to Figueroa street, Figueroa street to Vernon avenue, Vernon avenue to Mc- Kinley 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 Central avenue. Central avenue to Washington street, Washington street to Main street, the point of beginning, shall constitute the seventy- third assembly district. Seventy-fourth. 74. 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. Central avenue to Sixth street, Sixth street and the extension thereof along the line of assembly dis- trict number 65, 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 prolongation thereof to the south boundary line of the cit}' 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, shall constitute the seventy-fourth as- sembly district. § 90 POLITICAL CODE. 288 Seventy-fifth. 75. 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, shall constitute the seventy-fifth asscmljly district. Seventy-sixth. 76. The county of Orange shall constitute the seventy-sixth assembly district. Seventy-seventh. 77. The county of Riverside shall constitute the seventy-seventh as- sembly district. Seventy-eighth. 78. The county of Imjierial shall constitute the seventy-eighth assembly district. Seventy-ninth. 79. AH that portion of the county of San Diego included within the corporate limits of the city of San Diego shall constitute the seventy- ninth assembly district. Eightieth. Si). .Ml that portion of the county of San Diego not included in the seventy-ninth assembly district shall constitute the eightieth assembly district. Undescribed precincts attached to adjacent districts. § 3. .\ny jirecinut, or portion of any precinct, not specifically de- scribed herein as constituting a portion of cither a senatorial or assembly district, shall be attached to and constitute a part of the senatorial or assembly district adjacent thereto and situated within the same county or city and county, having, as shown by the last federal census a less population than any other such district adjacent thereto. Repeal of former acts. § 4. An act entitled "An act to divide the state into legislative dis- tricts as required bj' section 6, article 4 of the constitution, and to pro- vide for the election of assemblymen and senators in such districts," ajiproved March 11, 1891, and also an act entitled "An act to divide the state into legislative districts and to provide for the election of senators 289 POLITICAL CODE. § 117 and assemblymen theroin," approved March 21, 1901, and all other acts in conflict with this act are hereby repealed. [Amendment appi'oved January 2, 1912. Stats. Ex. Sess. 19il, p. 149.] Congressional districts. § 117. The state is divided into eleven congressional districts, which shall be designated and constituted as follows: First. 1. The counties of Del Norte, Humboldt, Mendocino, Glenn, Butte, Yuba, Sutter, Marin, Colusa, Lake and Sonoma shall constitute the first congressional district. Second. 2. The counties of Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Plumas, Sierra, Nevada, Placer, El Dorado, Amador, Calaveras, Alpine, Tuolumne and Mariposa shall constitute the second congressional district. Third. 3. The counties of Napa, Yolo, Sacramento, Solano, Contra Costa and San Joaquin shall constitute the third congressional district. Fourth. 4. 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, as such districts are constituted by section 90 of this code, as amended at the. extraordinary session of the legislature commencing November 27, 1911, shall constitute the fourth congressional district. Fifth. 5. All that portion of the city and county of San Francisco not in- cluded in the fourth congressional district shall constitute the fifth congressional district. Sixth. 6. The county of Alameda shall constitute the sixth congressional district. Seventh. Jl. The counties of Stanislaus, Merced, Madera, Fresno, Kings, Tulare and Kern shall constitute the seventh congressional district. Eighth, 8. The counties of San Mateo, Santa Clara, Santa Cruz, San Benito, Monterey, San Luis Obispo, Santa Barbara and Ventura shall constitute the eighth congressional district. 19 §§253-302 POLITICAL CODE. 290 Ninth, 9. All that portion of the county of Los Angeles, comprising the sixty- first, sixty-fifth, sixt3'-sixth, sixty-seventh, sixty-eighth, sixty-ninth and seventieth assembly districts, as such districts are constituted by section 90 of this code, as amended at the extraordinary session of the legislature commencing November 27, 1911, shall constitute the ninth congressional district. Tenth. 10. All that portion of the county of Los Angeles not included in the ninth congressional district shall constitute the tenth congressional district. Eleventh, 11. The counties of San Bernardino, Orange, Riverside, San Diego, Mono, Inyo and Imperial shall constitute the eleventh congressional dis- trict. [Amendment approved January 2, 1912; Stats. £i. iSess. 1911, p. 164,] § 253. Citations. App. 15/303. § 254, Citations. App. 15/303. § 261. Citations. App. 15/303. § 269, Citations. App. 15/303. § 274, Citations. Cal. 150/473, § 275. Citations. Cal. 156/473. § 280, Citations. Cal. 156/475. Failure of witness to appear, contempt. § 302. If any witness neglects or refuses to obey such subpoena, or appearing, neglects or refuses to testify, or to produce upon reasonable notice any material and proper books, jiapers or documents in his pos- session or under his control, the senate, assembly or any committee thereof may by resolution entered on the journal of the senate or assem- bly or minutes of the committee, as the case may be, commit him for contempt; provided, however, that if any such contempt be committed 291 POLITICAL CODE. §§ 303-368 before such committee during the session of the legislature, such com- mittee shall report the contempt to the senate or assembly, as the case may be, for such action as may be deemed necessary by the senate or assembly, [Amendment approved May 20, 1913; Stats. 1913, p. 231.] Warrant of arrest. § 303. Any witness neglecting or refusing to attend in obedience to sulipoena may be arrested by the sergeant-at-arms and brought before the senate, assembly or committee thereof, as the case may be. The only warrant or authority necessary authorizing such arrest, is a copy of a resolution of the senate, the assembly or committee signed by the president of the senate, speaker of the assembly or chairman of the committee as the case may be and countersigned by the secretary of the senate, the clerk of the assembly or a majority of the members of any such committee, as the case may be. [Amendment approved May 20" 1913; Stats. 1913, p. 232.] 19/57. App. 9/577; 11/307. § 323. Citations. Cal. 157/158. App. 1 § 325. Citations. Cal. 164/234, 741. A § 327. Citations. Cal. 159/75; 160/121 § 329. Citations. Cal. 159/76. State board of equalization. § 352. Members elected, one from each of the equalization districts of this state, by the qualified electors thereof, with the controller, con- stitute the state board of equalization. Their term of office shall be four years, commencing the first Monday after the first day of .January following their election. They shall choose one of their members chair- man, who shall hold such office during the pleasure of the board. [Amendment approved May 1, 1911; Stats. 1911, p. 1458.] State board of examiners. § 364. [Repealed April 3, 1911; Stats. 1911, p. 598.] Executive officers appointed by governor. § 368. The following executive officers shall be appointed by the gov- ernor, with the consent of the senate: 1. The directors of the insane asylums; the trustees for the asylum for the 'leaf, dumb and blind; the insurance commissioner; the mem- bers of the state board of health; the fish and game commissioners. §§ 369^09 POLITICAL CODE. 292 2. The port wardens, when port wardens and their appointment are not otherwise provided for by law; the pilot commissioners; and the pilots for each harbor where there is not a board of pilot commissioners, and when the appointment of pilots is not otherwise provided for by law. 3. All other executive officers whose appointment is provided bv law to be made bv the governor. [Amendment approved June 6, 1913j Stats. 1913, p. 412.] Citations. App. 9/784, § 369. Citations. App. 4/784. Fees of secretary of state. § 409. The socrotary of state, for services performed in his office, must charge and collect the following fees: 1. For a copy of any law, resolution, record, or other document on file in his office, twenty cents per folio. 2. For comparing a copy of any law, resolution, record, or other doc- ument or paper with the original, or the certified copy of the original, on file in his office, five cents per folio. 3. For affixing certificate and seal of state, unless otherwise provided for, two dollars. 4. For filing articles of incorporation, if the capital stock amounts to twenty-five thousand dollars or less, fifteen dollars; if the capital stock amounts to over twenty-five thousand dollars, and not over seventy five thousand dollars, twenty-five dollars; if the capital stock amounts to over seventy-five thousand dollars and not over two hundred thousand dollars, fifty dollars; if the capital stock amounts to over two hundred thousand dollars and not over five hundred thousand dollars, seventy-five dollars; if the capital stock is over five hundred thousand dollars and not over one million dollars, one hundred dollars; if the capital stock is over one million dollars, fifty dollars additional for every five hun- dred thousand dollars or fraction thereof of capital stock over and above one million dollars; for filing articles of incorporation without cajdtal stock, except co-operative associations, five dollars; for filing articles of~ incorporation of co-operative associations formed under the act of 1895, and acts supi)lementary thereto or amendatory thereof, fifteen dollars. 5. For recording articles of incorporation, twenty cents per folio. 6. For issuing certificate of incorporation, three dollars. 7. For filing certificate of increase of capital stock, five dollars fo> every fifty thousand dollars or fraction thereof of such increase. 8. For filing certifiinte of decrease of capital stock, five dollars. 9. For filing notice of removal of principal place of business, five dollars. 293 POLITICAL CODE. § 412 10. For filing amondod articles of incorporation, unless otherwise pro- vided for, five dollars. 11. For filing certificate of creation of bonded indebtedness, or increase or decrease thereof, five dollars. 12. For issuing certificate of increase or decrease of capital stock, three dollars. 13. For filing certificate of continuance of existence, five dollars. 14. For issuing certificate of continuance of existence, three dollars. 15. For filing claim to trademark, and issuing certificate of filing, five dollars. 16. For issuing certificate of filing of any document, not otherwise provided for, tliree dollars. 17. For filing certificate of increase or decrease of number of directors, five dollars. 18. For issuing certificate of increase or decrease of number of direc- tors, three dollars. 19. For receiving and recording each official bond, five dollars. 20. For filing notice of appointment of agent, five dollars. 21. For each commission, passport, or other document signed by the governor and attested by the secretary of state (pardons, military com- missions, commissions issued to nonsalaried state officers, and extradi- tion papers excepted), five dollars. 22. For each patent for land issued by the governor, if for one hun- dred and sixty acres or less, one dollar; and for each additional one hundred and sixty acres, or fraction thereof, one dollar. 23. For issuing certificate of official character, two dollars. 24. For recording miscellaneous documents or papers, twenty cents per folio. 25. For filing certified copy of order and decree of court, changing name, or certified copy of order and decree of court, dissolving a cor- poration, five dollars. 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 resolu- tion passed by the legislature relative to bis official duties. All fees collected by the seeretarj- of state must, at least once eaeb week, be paid into the state treasury. [Amendment approved April 25, 1913; Stats. 1913, p. 90.] Also amended April 1, 1911 (Stats. 1911, p. 573). Appointees of secretary of state. § 412. The secretary of state, to assist him in the discharge of the duties of his office, may appoint the following officers: One deputy sec- retary of state, a bookkeeper, one keeper of the archives, six record- ing clerks, one register clerk, two certificate clerks, one statistician, one superintendent and cashier of the corporation license tax department, sis clerks for the corporation license tax department, oae superintend- §§413,414 POLITICAL CODE. 294 ent and cashier of the motor yehicle department, one clerk for the motor vehicle department (each and all of whom shall be civil executive officers), one porter for the office of the secretary of state, one porter for the corporation license tax department, one messenger for the office of the secretary of state, one messenger for the corjioration license tax department, and two special clerks in each legislative year, to serve from January first to May first. [Amendment approved April 1, lyllj Stats. 1911, p. 575.] Salaries of appointees. § 413. The annual salary of the deputy secretary of state is three thousand dollars; of the bookkeeper, twenty-four hundred dollars; of the keeper of the archives, two thousand dollars; of one of the record- ing clerks, eighteen hundred dollars; of each of five of the recording clerks, sixteen hundred dollars; of the register clerk, eighteen hundred dollars; of each of the certificate clerks, sixteen hundred dollars; of the statistician, twenty-four hundred dollars; of the superintendent and cashier of the corporation litcnse tax department, twenty-four hundred dollars; of each of two clerks of the corjioration license tax department, eighteen hundred dollars; of each of four clerks in the corporation license tax department, sixteen hundred dollars; of the superintendent and cashier of the motor vehicle department, twenty-four hundred dol- lars; of the clerk in the motor vehicle department, sixteen hundred dollars; of the porter for the office of the secretary of state, seven hundred and twenty dollars; of the porter for the corporation license tax department, three hundred and sixty dollars; of the messenger for the office of the secretary of state, nine hundred dollars; of the messen- ger for the corporation license tax department, six hundred dollars; of each of the special clerks serving from January first to May first in each legislative year, one hundred and twenty five dollars. All such salaries are payable in the same manner and at the same time as other state officers. [Amendment approved April 1, 1911; Stats. 1911, p. 575. J Corporation deputy. § 41i. The secretary of state, to assist him in the discharge of the duties of his office, may appoint one corporation secretary whose duty under the direc,^tion of the secretary of state, shall be to examine all corporation papers submitted for filing, to pass upon the sufficiency thereof, and if the same do not comply with the provisions of the laws relating to and governing corporations, to reject the same and return the sauie for corrtition. lie shall file no papers relating to corporations unless the same conform to the laws relating thereto. It shall be his duty to compel all corporations, foreign or domestic, to file with the secretary of state all papers required by law. The salary of the corpora- tion secretary shall be two thousand eight hundred dollars per annum, and shall be pajablc in the same manner and at the same time as other state officers. -[Amendment approved April 1, 1911; Stats. 1911, p. 57G.] 295 POLITICAL CODE. §§ 415-433 Salary of secretary of state. § 415. The annual salary of the secretary of state, to include all ser- vices rendered ex officio as member of any board or commission as now required, or which may be by law hereafter devolved upon him, is five thousand dollars. [Amendment approved April 1, 1911; Stats. 1911, p. 676.] Corporation secretary. Duty. Salary. § 415a. [Repealed April 1, 1911; Stats. 1911, p. 576.] Bond. § 416. The secretary of state must execute an official bond in the sum of ten thousand dollars. [Amendment approved April 1, 1911; Stats. 1911, p. 576.] Citations. Cal. 163/279, 588; (subd. 4) 163/290. Salary of secretary of state. § 417. [Repealed April 1, 1911; Stats. 1911, p. 576.] Deputy secretary of state. Salary. § 418. [Repealed April 1, 1911; Stats. 1911, p. 576.] Bookkeeper, salary. § 419. [Repealed April 1, 1911; Stats. 1911, p. 576.] Salary and duties of statistician. § 419a. [Repealed April 1, 1911; Stats. 1911, p. 576.] Salaries of assistants. § 420. [Repealed April 1, 1911; Stats. 1911, p. 576.] Watchmen for capitol and governor's mansion. § 421. [Repealed April 1, 1911; Stats. 1911, p. 576.] Secretary of state to appoint tv?o clerks. § 4221/2. [Repealed April 1, 1911; Stats. 1911, p. 576.] Official bond. § 423. [Repealed April 1, 1911; Stats. 1911, p. 576.] Capitol police, salaries. § 425. [Repealed April 1, 1911; Stats. 1911, p. 573.] Gardeners, capitol grounds and salaries. S 426. [Repealed April 1, 1911; Stats. 1911, p. 573.] Duties of controller, § 433. General duties of. It is the duty of the controller: 1. To superintend the fiscal concerns of the state; § 433 POLITICAL CODE. 296 2. To report to the governor, before the fifteenth dav of December next preceding each regular session of the legislature, a statement of the funds of the state, its revenues, and of the public expenditures dur- ing the two preceding fiscal years, together with a detailed estimate of the expenditures to be defrayed from the treasury for the two en- suing fiscal years, specifying therein each object of expenditure, and distinguishing between such as are provided for by permanent or tem- jiorary appro()riations and such as must be provided for by a new stat- ute, and suggesting the means from wTiich such expenditures are to be defrayed; 3. To accompany his biennial report with tabular statements, show- ing: 1. The amount of each appropriation for the two preceding fiscal years, the amounts expended, and the balance, if any; 2. The amounts of revenue chargeable to each county for such years, the amount paid. and the amount unpaid or due therefrom; 4. When requested, to give information in writing to either house of the legislature relating to the fiscal affairs of the state or the duties of his office; 5. To suggest plans for the improvement and management of the public revenues; 6. To keep and state all accounts in which the state is interested; 7. To keep an account of all warrants drawn upon the treasurer, and a separate account under the head of each specific appropriation, show- ing at all times the unexpended balance of such appropriation; 8. To keep an account between the state and the treasurer, and therein charge the treasurer with the balance in the treasury when he came into office, and with all moneys received by him, and credit him with all warrants drawn on and paid by him; 9. To keep a register of warrants showing the fund upon which they are drawn, the number, in who^'e favor, for what service, the appro- priation applicable to the payment thereof, and when the liability ac- crued. Before delivering a warrant to the payee named therein, he shall, whenever requested to do so by the state treasurer, permit the state treasurer to indorse u[ion or attach to such warrant an order designating the place where such warrant may be paid. Such warrants may be made payable at the option of the treasurer, either at his ollite, or at some bank in which moneys of the state are deposited. Whenever any party is entitled to the payment of a sum greater than twenty thousand dollars, the controller shall, whenever requested to do so by the state treasurer, issue to such party several" warrants aggre- gating the amount due him in the amounts designated by the treasurer. Upon delivering a warrant to the party entitled theretOj^ the controller shall take and preserve a receipt therefor; but, when requested to de- liver a warrant by mail by the person entitled thereto, he may deliver such warrant to the board of examiners, taking the receipt, therefor, of the secretary of the board of examiners or of some one authorized by him to receipt for the same. The board of ex.niniiurs uu-.^t. without 297 POLITICAL CODE. § 439 delay, enter the same on the books of its office and mail the same to the proper person; 10. To audit all claims against the state in cases where there are sufficient provisions of law for the paj'ment thereof; 11. To examine and settle the accounts of all persons indebted to the state, and to certify the amount to the treasurer, and upon presen- tation and filing of the treasurer's receipt therefor to give such person a discliaige and charge the treasurer therewith; 12. In his discretion to require anj- person presenting an^ account for settlement to be sworn before him, and to answer orally or in writing, as to any facts relating to it; 13. To require all persons who have received any moneys belonging to the state and have not accounted therefor to settle their accounts; 14. In his discretion to inspect the books of any person charged with the receipt, safekeeping, or disbursement of public moneys; 15. In his discretion, to require all persons who have received moneys or securities, or have had the disposition or management of any ])roperty of the state of which an account is kept in his office to render state- ments thereof to him; and all such persons must render such statement at sui'h times and in such form as he may require; 16. To direct and superintend the collection of all moneys due the state, and institute suits in its name for all official delinquencies in relation to the assessment, collection, and payment of the revenue, and against persons who by any means have become possessed of public money or property and fail to pay over or deliver the same, and against all debtors of the state; of which suits the courts of Sacramento county have jurisdiction, without regard to the residence of the defendants; 17. To draw warrants on the treasurer for the payment of moneys directed by law to be paid out of the treasury; but no warrant must be drawn unless authorized by law. and upon an unexhausted specific appropriation provided by law to meet the same. Every warrant must be drawn upon the fund out of which it is payable, and specify the service for which it is drawn, when the liability accrued, and the spe- cific appropriation applicable to the payment thereof; 18. To furnish the state treasurer with a list of warrants drawn upon the treasury; 19. To authenticate with his official seal all drafts and warrants drawn by him, and all copies of papers issued from his office; 20. To perform the duties of a member of the state board of equaliza- tion, and such other duties as are prescribed by law. [Amendment approved March 13, 1911; Stats. 1911, p. 353.] Citations. Cal. (subd. 17) 156/504. Employees of controller. § i39. The controller may appoint one deputy controller, one book- keeper, one inheritance tax deputy, one expert, one statistician, one war- rant registrar, and four clerks, who shall be civil executive officers; and §§ 440-445 POLITICAL CODE. 298 one stenographer, [Amendment approved April 17, 1911; Stats. 1911, p. 933.] Salaries. § 440. The annual salary of the deputy controller is three thousand dollars; of the bookkeeper, twenty-four hundred dollars; of the inher- itanre tax deputy, twenty-four hundred dollars; of the expert, two thou- sand dollars; of the statistician, two thousand dollars; of the warrant registrar, two thousand dollars; of one clerk, eighteen hundred dollars; of each of three clerks, sixteen hundred dollars; of the stenographer, twelve hundred dollars. All such salaries shall be paid in the same man- ner and at the same time as the salaries of other state ofl&cers. [Amend- ment approved April 17, 1911; Stats. 1911, p. 933.] Transfer to school fund of thirteen dollars for each pupil. § 443. On or before tlie first Monday in January and the first Mon- day in July of the year 1912 and on or before the first Monday in January and the first Monday in July of each succeeding year, the state controller shall transfer from the general fund of the state to the state school fund such sums as will be equivalent to thirteen dollars for each pupil in average daily attendance in the elementary schools of the state as reported by the superintendent of public instruction for the school year ending Juno 30th preceding. [Amendment approved May 1, 1911; Stats. 1911, p. 1245.] The act amending { 443 of the Political Code and adding § 461 to that code contained the following provision : § 3. The provisions of this act shall not be constrned as repealing other ex- isting law which provides other inone.vs for the support of the public school system and all money derived by any other existing law and now expended for the support of the common schools, shall be so expended in addition to the moneys provided for in section 443 of this code. Inheritance tax department. § 445. The controller shall maintain under his authority and direc- tion a department, to be known as the inheritance tax department, ■which is hereby established, for the purpose of supervising and assisting in the administration of the inheritance or transfer tax laws of this state. Said department shall gather, record, compile, publish and distribute such information and data as the controller may direct relative to the inheritance or transfer tax laws of this or other states or relative to the administration, enforcement or evasion of such laws. Said department shall cooperate with, advise and assist inheritance tax appraisers, county treasurers, district attorneys and other officers and persons in the administration and enforcement of the inheritance or transfer tax laws of this state, and shall prepare, publish and distribute such blank forms for use of inheritance tax appr.-iisers or other use as the controller may direct. In coiiiieetion with said inher- itance tax department, the controller may appoint, in addition to other 299 POLITICAL CODE. § 452 employees provided for by statute, an inheritance tax attorney, whose office shall he in the city of Sacramento, two assistant inheritance tax attorneys, one of whom shall have his office in the city of Los Angeles and the other in the city and county of San Francisco, and an in- heritance tax clerk. Said attorney's and said clerk shall be civil executive officers. Said attorneys shall be admitted and licensed to practice before the supreme court of this state. The inheritance tax attorney shall, under the authority and direction of the controller, have general supervision of said department. He shall have particular charge of the legal work connected with said department and shall perform such other duties as the controller may direct. Said assistant inher- itance tax attorneys shall perform such legal and other services relative to the administration and enforcement of said inheritance or transfer tax laws in the respective counties in which their offices may be situ- ated or in any neighboring county, as the controller may direct. The inheritance tax clerk shall perform such clerical services as may be required of said inheritance tax department; he shall keep a record of taxable inheritance and transfers and of actions and proceedings to determine or enforce payment of any taxes due thereon. He shall make inquiry into appraisements of estates and shall perform such other duties as the controller may direct. He shall have his office at the city of Sacramento. The salary of said inheritance tax attorney shall be three thousand dollars per annum. The salary of each of said assist- ant inheritance tax attorneys shall be three thousand dollars per annum. The salary of said inheritance tax clerk shall be one thousand eight hundred dollars per annum. Said attorneys and said clerk shall also receive their necessary traveling and incidental expenses. Said sal- aries and said expenses shall be paid out of such moneys as may be appropriated to the controller for the use of said inheritance tax de- partment. Out of any moneys so appropriated the controller may also employ such other and further and additional attorneys, clerks, experts, agencies or persons, or make such other expenditures as he may think necessary and proper in the conduct of said inheritance tax department. An act entitled "An act to authorize the controller of state to ap- point an inheritance tax deputy, prescribing his duties and making an appropriation therefor," approved March 20, 1909, is hereby repealed. [New section added June 16, 1913; Stats. 1913, p. 1065.] Duties of treasurer. § 452. It is the duty of the treasurer: 1. To receive and keep in the vaults of the state treasury or in banks all moneys belonging to the state, not required to be received and kept by some other person; 2. To file and keep the certificates of the controller delivered to him when moneys are paid into the treasury; 3. To deliver to each person paying money into the treasury a receipt showing the amount, the sources from which the money accrued, and § 453a POLITICAL CODE. 300 the funds into which it is paid, which receipts must be numbered in order, beginning with number 1 at the conimenceaient of each fiscal year; 4. To pay warrants drawn by the controller out of the funds upon and in the order in which they are drawn; 5. To attach to or indorse upon warrants drawn by the controller an order directing the jiayment of warrants by some bank or banks in which moneys of the state are on deposit whenever, in his judgment, it is desirable to so withdraw moneys of the state from deposit. Upon presentation for payment, the person to whom it is paid shall receipt therefor in the manner customary in the payment of bank checks, and the treasurer shall preserve such warrants and orders after they are returned to him in the ordinary course of business; 6. To keep an account of all moneys received and disbursed; 7. To keep sejiarate accounts of the different funds; 8. To report to the controller, on or before the tenth dny of each month, the amount disbiirsod during the preceding month for reilemption of bonds and in payment of warrants during the month; which report mTist show the number of such bonds and warrnnts, the funds out of which they were i>aid, and the balance of cash on hand in the treasury to the credit of each fund; {>. At the request of either house of the legislature, or of any com- mittee thereof, to give information in writing as to the condition of the treasury, or upon any subject relating to the duties of his office; lf>. To report to the governor at the time prescribed in section 332 of this code, the exact balance in the treasury to the credit of the state, with a summary of the receipts and payments of the treastiry during the two preceding fiscal years; 11. To authenticate with his ofScial seal all writings and papers issued from his office; 12. To discharge the duties of state capitol commissioner, and snch other duties as may be imposed upon him by law. [Amendment ap- proved March 13, 1911; Stats. 1911, p. 355.] Funds in state treasury. § 453a. Whenever any person donates to the state any money, the state treasurer is hereby authorized, upon the receipt of a certificato from the controller, to receive the same; and in case the donor, at the time of making the donation, designates, in a written request filed with the controller, the fund or appropriation he desires to benefit thereby, such donation must be creies of all such papers. Course taken by orders for printing. Six — All printing required b}- any of the state departments, boards, or any state officer, for the state, the order for the same shall be made out upon a printed blank, with voucher attached, to be furnished by the superintendent of the state jirinting, and forwarded to the office of said superintendent, who shall enter upon a book kept in his office for that pur|)0se, a transcrii>t of said orders; and shall return with the work, when cornideted, to the person ordering the same, the original order, with duidicate voucher attached; said voucher to be signed by the person re- ceiving the work, and returned to the superintendent of state printing, and both original and duplicate orders shall be kept on file in his office, and shall be a sufficient voucher for said work. The superintendent of state printing shall enter upon a book to be kept for said purpose, the name, quantity, and weight of paper used for each order printed. He shall also, certify, under oath, that all materials, stock, and paper fur- nished the office under contracts, are of the quality, kind and weight required by such contracts; and no claim arising under any contract shall be allowed or paid unless accompanied by such certificate. He shall also, retain and file in his office one copy or sample of each blank, circular, pamphlet, book, legislative bill, file, or report, or any other work ema- nating from the state printing office, excepting blank books, of which he shall file only sample sheets, said copies or samples shall bear a uniform number and date with the voucher. 305 POLITICAL CODE. §§529,530 Senate printing. Seven — No printing for the senate, or any committee of the same, shall be executed except upon an oflieial order of the ser-rotary, and no ordo" for any printing shall be made by that officer unless the same is ordered by a majority vote of the senate. All printing done for the senate shall be delivered to the sergeant-at-arms of that body, whose duty it shall be to distribute one-third of the copies of any document printed to the members of the senate, and two-thirds to the scrgeant-at-arms of the assembly, who shall receipt therefor, for distribution to the members thereof. There shall be printed two hundred and forty copies of all bills, resolutions and reports ordered printed by the senate. Assembly printing. Eight — Xo printing for the assembly, or any committee of the same, shall be executed except upon an official order of the chief clerk, and no order for any printing shall be made bj' that officer unless the same is ordered b}' a majority vote of the assembly. All printing done for the assembly shall be delivered to the sergeant-at-arms of that body, whose duty it shall be to distribute two-thirds of the copies of any document printed to the members of the assembly, and one-third to the sergeant- at-arms of the senate, who shall receipt therefor, for distribution to the members thereof. There shall be printed two hundred and forty copies of all bills, resolutions, and reports ordered printed by the assembly. Receipts. Nine — The receipts of the respective sergeant-at-arms of the senate and assembly shall be a sufficient voucher to the superintendent of state printing for all work done for either house. Bill-filing room. Ten — To maintain a bill-filing room for the senate and assembly, to file all bills, resolutions, journals and such other papers as may be ordered by either the senate or assembly, to place all such bills, resolutions, journals and other papers in proper binders for the use of the members of the legislature, and to perform such other duties in connection with the filing and distribution of such bills, resolutions, journals, and other papers as may be required by law, or the rules or special orders of either house of the legislature. [Amendment approved June 16, 1913; Stats. 1913, p. 1145.] Style of printing. § 529. The superintendent of state printing shall decide upon the stvle and manner of printing all laws and other state documents. [Amendment approved June 16, 1913; Stats. 1913, p. 1132.] Appointment of superintendent of state printing. § 530. The superintendent of state printing shall be appointed by the governor of the state, with the advice and consent of the senate and hold 20 §§ 588-594 POLiTic.vL code. 306 office at the pleasure of the governor. He shall be a competent practical printer, and before entering upon the dist-harge of the duties of his office shall give a good and sufficient bond to the people of the state of Cali- fornia in the sum of twenty-five thousand dollars, with two or more suffi- cient sureties, to be approved by governor, for the faithful performance of his duties, which bond shall be filed in the office of 8ecrPt:iry of state. Nothing herein contained shall be con.strued as affecting the term of office of any person elected to the office herein mentioned prior to the adoption hereof. [Amendment approved Ajiril 26, 1911; Stats. 1911, p. 1127.] § 588. Citations. App. 8/416, 417. Office, etc., for insurance commissioner. Special fund. Erpenditurea audited. § 591. The commissioner may procure suitable rooms for his offices and may jirovide a suitable safe and furniture therefor. He may also proviile stationery, fuel, printing and other conveniences and assistance and incur traveling and such other expenses as are necessary fcr the transactions of the business of his office. Out of the funds paid into the state treasury by the insurance commissioner, there shall be set aside and reserved each and every year the sum of thirty thousand dollars as a special fund to be called the insurance commissioner's special fund. All exficnditures authorized in this section must be auilited by the board of examiners, who must allow the same and direct payment thereof to be made, and the controller shall draw warrants therefor on the state treas- ury for the payment of the same to the insurance commissioner out of the said insurance commissioner's special fund. [Amendment approved M*iy 1, 1911; Stats. 1911, p. 1247.] Classification of Insurance business. § 594. All insiiraiKo business in the state of California is hereby classified in the following sixteen kinds, namely: Life insurance. 1. Life insurance, including within its meaning insurance upon the lives of persons and every insurance appertaining thereto, and the granting, purchasing and disposing of annuities. Fire insurance. 2. Fire insurance, including within its meaning insurance against loss or damage by fire, lightning, windstorm, tornadoes or earthquakes. Marine insurance. o. Marine insurance, including within its meaning insurance upon vessels, freights, goods, wares, merchandise, specie, bullion, jewels, profits, commissions, bank notes, bills of exchange, and other evidences of debt, bottomry and respondentia interests, and every insurance connected with 307 POLITICAL CODE. § 594 marine risks and risks of transportation and navigation, including the risks of lake, river and inland transportation and navigation. Title insurance. 4. Title iiisii ranee, including within its meaning the issuance of guaran- ties and policies of insurance affecting titles to real estate, and guaran- teeing or insuring owners of real or [)ersnnal jjroperty, or others interested therein, or having liens or encumbrances thereon, against loss by reason of defective titles, encumbrances, or adverse claims of title, or other- wise. Surety insurance. 5. Fidelity and surety insurance, including within its meaning the guaranteeing of persons holding places of public or private trust, and guaranteeing and executing all lionds, undertakings, and contracts of suretyship, and guaranteeing the performance of contracts other than insurance policies, and not including guaranteeing the paying of mort- gages or trust deeds. Accident insurance. 6. Accident insurance, and either sickness or health insurance, includ- ing within its meaning insurance against injury, disablement or death resulting from traveling or general accidents, and against disablements resulting from sickness and every insurance appertaining thereto. Plate-glass insurance. 7. Plate-glass insurance, including within its meaning all insurance against breakage of glass, whether local or in transit. Liability insurance. 8. Liability insurance, including within its meaning workmen's com- pensation insurance and all other insurance against loss or damage result- ing from accident to or injury, fatal or nonfatal, suffered by an employee or other person, and for which the insured is liable. Boiler insurance. 9. Boiler and machinery insurance, including within its meaning insur- ance upon steam boilers and pipes, fly-wheels, engines and machinery connected therewith or operated thereby, against explosion and accident, and against loss and damage to life or property resulting therefrom, and against loss of use and occupancy caused thereby. Burglary insurance. 10. Burglary insurance, including within its meaning insurance against loss by burglary or theft or both. Credit insurance. 11. Credit insurance, including within its meaning insurance of mer- chants, traders, and those engaged in business and giving credit for loss §594 POLITICAL CODE. 308 and damage hy reason of giving and extending credit to their customcTS and those dealing with them, and insurance or guaranty either by agree- ment to purchase uncollectible debts or othorwite. against loss or damage from the failure of persons indebted or to become indebted to the in- sured, or to meet existing or conteauplated liabilities. Sprinkler insurance. 12. Sprinkler insurance, including within its meaning insurance against loss or damage by water to any goods or premises arising from the break- age or leakage of sprinklers, pumps or other apparatus placed for ex- tinguishing fires, and of water pipes, and against accidental injury to such sprinklers, pumps, or other apparatus. Team insurance. 13. Team and vehicle insurance, including within its meaning insurance against loss or legal liability for loss because of damage to property caused by the use of teams or vehic!f>« whether by accident or collision or by explosion of any engine or tank or boiler or pipe or tire of any vehicle, and also incUnling insurance against theft of the whole or anv part of any vehiile; the term vehicle as here useil does not include ships or vessels nor boats nor any railroad rolling stock. Automobile insurance. 14. Automobile intiurance, including within its meaning the insurance of the owners of or dealers in automobiles against any and all hazanls incident to ownership, maintenance, operation and use of such auto- mobiles. No company shall assume any hazard or risk upon an auto- mobile unless authorized to assume hazanls or risks of that character by its charter or articles of incorjioration. Nothing herein contained shall be construed to prevent a fire insurance company from issuing a policy of insurance upon an automobile covering the fire h:izard only, nor be constriied to prevent a marine insurance comjiany from issuing a policy of insurance upon an automobile covering the marine haznrtl of trans- portation only, nor be construed to prevent a life insuraiu-e company which alto transacts liability insurance from issuing a policy of insur- ance upon an automobile, covering the liability hazard only. Mortgage insurance. 15. Mortgaije inisurauce, including within its meaning the guaranteeing of the payment of the principal, interest and other sums agreed to be paid under the terms of any notr or bond secured by mortgage or trust deed, or other sums secured under the terms of any such mortgage or trust deed, in its entirety, or of an undivided or other partial interest in any such mortgage or trust deed, or in a group of such mortgages or trust deeds, and the guaranteeing or insuring, directly or indirectly, against loss thereon. 309 POLITICAL CODE. § 594 Miscellaneous Insurance. 16. MiscellaiR'oiis insurance, including within its meaning lightning, windstorm, tornado and earthquake insurance, and any and all casualty insurance not included in any of the foregoing kinds, and which is a proper subject of insurance. Requisites to do business. No company shall do any of the foregoing sixteen kinds of insurance unless authorized to do so by ils charter. No company having a capital stock shall do life insurance in California without having a capital stock of at least two hundred thousand dollars, nor shall any such company do in California any other of said kinds of insurance, except the sixth and eighth classes; provided, that any such insurance company desiring to do either the sixth or eighth <']ass, must have in addition to such two hundred thousand dollars*of caiiital stock, at least fifty thousand dollars of ca])ital stock for each class it desires to do, and one hundred thou- sand dollars additional capital stock to do both such additional classes. No comjiany having a capital stock shall do in California any fire in- surance without having a capital stock of at least two hundred thousand dollars nor shall any such company do in California, any other of said kinds of insurance, except the third, ninth, twelfth, fourteenth and six- teenth classes\ To do both fire and marine insurance such company must have a capital stock of at least four hundred thousand dollars, and to do any other class of insurance, such company must have an additional capital stock of at least fifty thousand dollars for each such additional class that it desires to do, in addition to the two hundred thousand dol- lars required if it does fire insurance or the four hundred thousand dol- lars required if it does both fire and marine insurance. No company having a capital stock shall do in California any of said third kind of insurance without having a capital stock of at least two hundred thou- sand dollars, nor shall any such company do in California any other of said kinds of insurance except the second, thirteenth, fourteenth and sixteenth classes. To do both fire and marine insurance such company must have a capital stock of at least four hundred thousand dollars, and to do any other class of insurance, such company must have an additional capital stock of at least fifty thousand dollars for each such additional class it desires to do, in addition to the two hundred thousand dollars required if it does marine insurance or the four hundred thousand dollars required if it does both marine and fire insurance. No company having a capital stock shall do in California any of the fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth or sixteenth of said kinds of insurance without having a capital stock of at least one hundred thousand dollars for the fir^^^t class of insurance such company desires to do, nor do any other of such classes without having in addi- tion to such one hundred thousand dollars of capital stock at least fifty thousand dollars additional capital stock for each additional kind of in- surance, that it desires to do. Except as above described, no company §§ 595, 596 POLITICAL code. 310 doing either the fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth or sixteenth classes of insurance, shall do any of the first, second or third clashes of insurance. No company doing the fourth class of insurance shall do any other class of insurance, and no company doing the fifteenth class of insurance shall do any other class of insurance, and no company doing any other class of insurance shall do either the fourth class or the fifteenth class of insurance. Capital stock to be paid up. Such capital stock required must be fully paid up before doing any such business in the state of California, except that companies incor- porated under the laws of California, must have at least twenty-five per cent of their capital stock paid in previous to the issuance of any policies and the residue within twelve months of the filing of the articles of in- corporation with the secretary of state. If such residue is not paid within twelve months, the insurance commissioner must cancel any cer- tificate of authority previously issued to such company. The capital stock required must be unimpaired and shall be exclusive of all liabilities for losses reported, expenses, taxes and reinsuraiiCe of all outstanding risks as provided in sections 6ii2 and 602a of the Political Code. Every company organized or formed under the laws of any other state or country as a mutual or as a joint stock and mutual comjiany having a capital stock less than as above prescribed must have in lieu of such capital stock available cash assets of at least two hundred thousand dol- lars above all liabilities for losses reported, expens^es. taxes and reinsur- ance of all outstanding risks as jirovided in sections 602 and 602a of the Political Code. No company shall do in California any title insurance without having at least one hundred thousand dollars of capital stock fully paid in in cash, previous to the issuance of any policy; and no company shall do in California any mortgage insurance without having at least one hundred thousand dollars of capital stock fully paid in in cash, previous to the issuance of anv policv. [Amendment approved June 6, 1913; Stats. 1913, p. 483.] Also amended May 1, 1011 (Stats. 1011, p. 1347). § 595. Citations. App. 8/415, 416. 417. Transaction of insurance business in state. § 596. No c(iui|iaiiy shiill transact any insurance business in this state without first comjilying with all the provisions of the laws of this state, and thereafter procuring from the insurance commissioner a certificate of authority, and continuing to comply with the laws of this state, pro- vided, that insurant-e may be procured from or placeil with coiiipanies not authorized to transact business in this state upon the terms and condi- tions hereinafter stated. Every such certificate of authority shall expire on the first day of the Julv after its issuance unless sooner revoked. No certificate of au- 311 POLITICAL CODE. § 596 thority shall be granterl or renewed to any company in arrears to tlie state or to any eoiinty, city and county, city or town in the state for fees, licenses, taxes, assessments, fines or penalties accrued on business prs- viously transacted in the state, nor while said company is otherwise in default for failure to comply with any of the laws of this state regarding; the governmental control of such company by the state. No person shall act as agent in any transaction of any insurance business for any insurance company not authorized to transact such business in this state. A surplus line broker is one licensed by the insurance com- missioner to act as broker in soliciting, negotiating, and effecting insur- ance under conditions hereinafter stated, to be procured from or placed with companies not authorized to transact such business in this state. Within the meaning of this law "authorized companies" are those author- ized by the insurance commissioner to transact in the state of California the kinds of insurance business that they are transacting. All others are "unauthorized companies." The insurance commissioner may issue a license authorizing any individual to act as surplus line broker from its date until the first of July following, on the following conditionsi: (a) Payment to the insurance commissioner of a fee of twenty-five ($2o) dollars in advance. (If) Delivery to the insurance commissioner of a bond to the state of California in the sum of five thousand ($5,000) dollars with sureties having the qualifications mentioned in sections 1056 and 1057 of the Code of Civil Procedure, conditioned that said licensee will fully and faithfully comply with the requirements of section 596 of the Political Code. A surplus line broker, after having procured from and placed with authorized companies the total amount of insurance obtainable on any property from a majority of all authorized companies, mny place the excess of insurance desire 1 over such amount with unap*^^orized com- panies. No insurance is tft be procured from or placed wim unauthor- ized companies by anyone except by a surplus line broker and under such conditions. The tollowing are the duties of a surplus line broker with which he is required to comply: 1. To maintain in good taith an office in this state. 2. To keep in said office books of account correctly showing in sepa- rate accounts all business transacted with unauthorized companies. Said books are to specify the dates of such insurance going into effect, the name of the insurers and of the insured, the gross premiums payable therefor, the terms, character of insurance and locations of the insured property. The}' shall also contain statements in the same detail of all such insurance canceled, or on which premiums have been increased or reduced and the amounts of additional or of return premiums thereon. Such books are to be open at all times for the inspection of, and exam- ination by, the insurance commissioner, or anyone appointed by him for said purpose. § 596 POLITICAL CODE. 312 3. Within ono week after the surplus line broker shall hare ohtained knowledge of the completion of the procurement of insurance on any property from an unauthorized company, he shall file with the insurance commissioner a true report showing the name of the insured and of the insurers, the character of the insurance, location of the property, gross premium payable therefor, and the date of such insurance taking effect and the term thereof; also a list of authorized comjianies comprising a majority thereof from whom the insurance so effected was not obtain- able. As soon as practicable after any such insurance has been can- celed or any premium thereon has been increased or reduced, such sur- plus line broker shall file with the insurance commissioner a report thereof in the same detail as above required in the case of the report above referred to. 4. On or before the first day of March of each year he shall file with the insurame commissioner a sworn statement of all business transacted under his license during the last preceding calendar year endiiij; De- cember 31st. Such statements shall contain true accounts of the gross amount of insurance procured from and placed with unauthorizoil com- panies during said calendar year, the gross premiums charged therefor, including additional insurance premiums, and the gross amount of all insurance canceled during said year, and the gross return jiremiums thereon. Such statements shall also include additional premiums charged during said calendar year on insurance previously effected and the gross return premiums during said calendar year on insurance previously effectod. o. All such reports ami statements shall be made on blanks to be furnished surplus line brokers by the insurance commissioner on appli- cation therefor. G. On or before the first day of June of each year said surplus line broker shall pay to the insurance commissioner for use of the state of California three (3%) per cent of the gross premiums charged, less three (39c) per cent of all return premiums on policies canceled, or upon which the premiums have been reduced during the year ending December 31st last preceding. The insurance commissioner shall revoke the license of any surplus line broker who %villfully fails or refuses to perform any of his duties hereinabove specified. If in the opinion of the insurance commissioner the solvency of any surety on a bond hereby required has become impaired or doubtful, he shall notify the surplus line broker in writing, and unless within ten (10) days after receipt of such notice the solvency of such surety is proved to the satisfaction of the insurance commissioner, or a new bond is substituted therefor, said insurance commissioner shall revoke the license of the surplus line broker. The removal of the olTice of the surplus line broker from this state, or the removal therefrom of his accounts of his business as such, or the closing of his said ofiice for a period of more than twenty (20) con- I 313 POLITICAL CODE. § 597 seoutive days, shall constitute a termination of the authority of said surplus line broker, and shall be tantamount to an exjtress revocation of his license, whether or not the insurance commissioner thereafter re- vokes the same. No new license shall he issued to any surplus line broker whose license has been revoked for any reason other than the insutficieney of his sureties, within the period of one year after such revocation, and until all indebtedness of said sur])lus line broker on former business has been jiaid to said insurance commissioner. Every insured for whom insurance has been effected with unauthorized com- panies shall produce for examination by the insurance commissioner, whenever requested by him, in writing, so to do, all policies, contracts, and other documents evidencing such insurance and disclose to him the true amount of the gross premiums paid or agreed to be paid therefor, or, upon refusal so to do, he shall forfeit to the state of California the sum of two hundred ($200) dollars for each refusal. All jiolicies and other contracts of insurance, issued without full compliance by all jiarties con- cerned with the laws of this state, shall be null and void. [Amendment approved May 1, 1911; Stats. 19U, p. 1269.] Citations. App. 8/417. Examination of insurance companies. § 597. The commissioner, whenever he deems necessary, or whenever he is requested by verified petition, signed by twenty-five persons in- terested, either as stockholders, policy-holders, or creditors of any com- pany engaged in insurance business in this state, showing that such company is insolvent under the laws of this state, must make an exam- ination of the business and affairs relating to the insurance business of such company, and must make such an examination whenever any company is organized to do insurance business in this state, and before issuing a certificate of authority other than renewals to such company. Provided, the insurance commissioner shall have no authority to issue and no certificate of authority shall be issued to any insurance com- panj^ or corporation hereafter organized or incorporated in this state, whether the same be organized and promoted directly or by means of a holding company or corporation, one of the purposes of which is the organization and promotion of such insurance company or corporation, where such examination shows the expense of organization and promo- tion to be in excess of fifteen per cent of the total amount actually paid on its capital stock exclusive of surplus. Whenever any company not organized under the laws of this state, applies for a certificate of authority to do business in this state, the insurance commissioner may make or cause to be made by the insurance department of the state where such company is organized, an exam- ination of the business and affairs relating to the insurance business of such company. The company organized or existing under the laws of any country outside of the United States, shall be deemed to be § 602a POLITICAL CODE. 314 organized within the meaning of this act in any state wherein such company maintains the deposits required by the laws of this state. For the purpose of making such examination the insurance commis- sioner shall have free access to all the books and papers of such com- pany, and must thoroughly inspect and examine all its affairs, and as- certain its condition and ability to fulfill its engagements, and that it has complied with all the provisions of law applicable to its insurance transactions. Every company examined, under the provisions of this section, must open its books and papers for the inspection of the commissioner, and otherwise facilitate such examination; and the commissioner may ad- minister oaths and examine under oath any person relative to the busi- ness of such comj)any; and if he finds the books to be carelessly or im]properly kept or posted he must employ sworn experts to rewrite, post, and balance the same at the expense of such company. Such examina- tion must be conducted in the county where such company has its prin- cipal office, and must be private, unless the commissioner deems it necessary to publish the result of such investigation, in which case he may publish the same in two of the public newspapers of this state, one of which must be published in the city of San Francisco. .\11 examina- tions must be at the expense of the company, such expense to be paid in advance, and if any such coinjiany refuses to pay such expenses in ad- vance the insurance commissioner may refuse to issue any such certificate- of authority and must revoke any existing certificate of authority au- thorizing siich company to do business. [Amendaent approved March 10, 1911; Stats. 1911, p' 334.] Estimate of indebtedness of liability Insurance companies. § 602a. In estimating the condition of any company engaged in the business of liability insurance under the provisions of this article the insurance cominissioner shall charge as liabilities all outstanding in- debtedness of such company, and the premium reserve of policies in force, equal to the unearned portions of the gross premiums charged for cover- ing risks, computed on each respective risk from the date of the issu- ance of the jiolicy. The indebtedness for outstanding losses under insurance against loss or damage resulting from accident to or injuries suffered by an employee or other person and for which the insured is liable, and under insurance against loss from liability on account of the death of or injury to an employee not caused by the negligence of the employer, shall be determined as follows: Each corporation which writes policies covering any of the said kinds of insurance shall include in the annual statement a "schedule of its experience thereunder, in the United States and foreign countries in the case of corporations organized in the United States, and in the United States only in the case of corporations organized outside of the United States giving each calendar year's ex- perience separately, and crediting or charging each item to the year in which the policy to which it relates was written, as follows: (1) the 315 POLITICAL CODE. § 602a earned premiums on all such policies written during the period of ten years immediately preceding the date as of which the statement is made, being the gross premiums on all such policies including excess and addi- tional premiums and premiums in course of collection, less return premi- ums on canceled policies, and less the unearned premiums on policies in force as shown in such annual statement; (2) the amount of all pay- ments of whatsoever nature made by reason or on account of injuries covered by such policies written during said period. This amount shall include medical and surgical attendance, payments to claimants, legal expenses, salaries and expenses of investigators, adjusters, and fieldmen, rents, sationery, telegraph and telephone charges, postage, salaries and expenses of office employees, home office expenses, and all other pay- ments made on account of such injuries, whether such payments are allocated to specific claims or are unallocated; (3) the number of suits being defended at the date as of which the statement is made under policies written during said period, except suits in which liability is not dependent upon negligence of the insured, and a charge of seven hun- dred and fifty dollars for each suit; (4) the number of deaths for which the insured are liable without proof of negligence, covered by policies written during said period, and not paid for at the date as of which the statement is made and a charge of the amount necessary to pay for such deaths; (5) the number of unpaid claims at the date as of which the statement is made on account of nonfatal injuries for which the insured are liable without proof of negligence, covered by policies written during said period, and a charge equal to the present value of the estimated future payments; (6) the loss ratio determined from the foregoing as to each year separately using as the devisor the earned premiums shown in item (1) and as the dividend the amount of payments shown in item (2) plus the amounts charged in items (3), (4) and (5); (7) the number of suits being defended at the date as of which the statement is made under policies written more than ten years prior to such date, except suits in which liability is not de- pendent upon negligence of the insured; (8) the number of deaths for which the insured are liable without proof -of negligence, covered by policies written more than ten years prior to the date as of which the statement is made, and not paid for at such date; (9) the number of unpaid claims at the date as of which the statement is made on account of nonfatal injuries for which the insured are liable without proof of negligence, covered by policies written more than ten years prior to such date. All unallocated payments in item (2) made in a given calendar year subsequent to the first four years in which a corporation has been issuing such policies shall be distributed as follows: thirty-five per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year, ten per centum, to the policies written in the second year pre- ceding, ten per centum to the policies written in the third year pre- - ceding, and five per centum to the policies written in the fourth year § 602a POLITICAL CODE. 316 preceding, and sucli payments made in the first four calendar years in which a cori)Oration has bt^en issuing such [lolieies shall be «iis- tributed as follows: in the first calendar year one hundred' per centum shall be charged to the policies written in that year, in the second calendar year fifty per centum shall be charged to policies written in that year and fifty per centum to the policies written in the pre- ceding year, in the third cakndar year foity per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year, and twenty per centum to the policies written in the second year preceding,- and in the fourth calendar year thirty five per centum shall be charged to the policies written in that year, forty per centum to the poliiMCS written in the preceding year, fifteen per centum to the policies written in the second year preceding, and ten per centum to the policies written in the third year preceding, and a schedule showing such distribution shall be infludcd in such annual statement. Each such corporation shall be charged with indebtedness for outstanding losses upon such policies determined a« follows: (10) for all suits being defended unublic accounting is given full power to examine, through any of its officers or appointees, all accounts and all financial affairs of every officer or person mentioned in section 687 of this code, and shall have the right to enter into any public office or institution in this state and examine any books, papers or documents contained therein or belonging thereto for the purpose of making such examination, and shall have access, in the presence of the custodian thereof, or his deputy, to the cash drawers and cash in the custody of such officer or person and shall also have the right, during business hours to examine the public accounts in any depository which has public funds in its custody. [New section approved April 3, l≪ Stats. 1911, p. 597.] Neglect to file reports, etc. § 690. Any officer or person who shall fail or neglect to make, verify and file with the department of public accounting any such report as is required by this article, or who shall fail or neglect to follow the direc- tions of the department of public accounting in keeping the accounts of his office, or who shall refuse to permit the examination or access to the books, accounts, papers, documents or cash drawer or cash of his office to a representative of said department, or who shall in any way interfere with such examination, shall be guilty of a misdemeanor and upon conviction sliall be fined not less than one hundred dollars nor more than one thousand dollars or shall be imprisoned in the county jail not less than thirty days, or both. [New section approved April 3, 1911; Stats. 1911, p. 597.] Biennial report. § 691. The board must biennially report to the legislature a history of its transactions and investigations. [New section approved April 3, 1911; Stats. 1911, p. 597.] Powers and duties of port wardens. § 699. The powers and duties of port wardens are prescribed in title 6 of part 3 of this code, and such port wardens shall have such further powers and perform such other duties as may be otherwise prescribed by law. [Amendment approved June 6, 1913; Stats. 1913, p. 413.] Article XX, Chapter III. Title I. Part III. SUPERINTENDENT OF CAPITOL BUILDING AND GROUNDS. New article added April 1, 1911, Statutes of 1911, page 571, and con- sisting sf §§ 716-719, as follows: Superintendent of capitol building and grounds. Duties. § 716. Tlie governor shall appoint a person to be designated super- intendent of capitol building and grounds to hold office at the pleasure of the governor. He shall be a civil executive officer and shall receive 335 POLITICAL CODE. §§717,718 an annual salary of three thousand dollars to be paid at the same time and in the same manner as the salaries of other state officers. He shall execute a bond to the state in the sum of ten thousand dollars. He shall have charge of the improvement and maintenance of the cap- itol grounds and of the state's property thereon, and shall have the cus- tody of the Capitol building and of the state's property therein, and shall be responsible for the proper care, safety and repair of the same. Subject to the supervision of the state board of examiners, he shall have charge of the purchase and distribution of all supplies for the capitol building and grounds and the offices therein. [New section approved April 1, 1911; Stats. 1911, p. 572.] Rules. Misdemeanor. § 717. He shall have power, with the sanction of the state board of examiners, to establish rules and regulations not inconsistent with law for the government of the capitol building and grounds. He must pre- serve the peace thereon and arrest or cause the arrest of and appear- ance before the nearest magistrate for examination of all persons who attempt to break or who have broken such rules and regulations, or who attempt to commit or who have committed thereon, a public offense. Any person who breaks the rules and regulations established for the government of the capitol building and grounds is guilty of a misde- meanor. [New section added April 1, 1911; Stats. 1911, p. 572.] Appointees of the superintendent of capitol building and grounds. Ap- propriation. § 718. The superintendent of capitol building and grounds may ap- point one head gardener at an annual salary of eighteen hundred dol- lars. He may appoint seven special policemen for the building and grounds at annual salaries of thirteen hundred and twenty dollars each, who shall have the power of peace officers, and the same power of arrest as is herein given to the superintendent. None of said police- men shall be required to work more than six days in any one w'eek. He may appoint one clerk for his office at an annual salary of eighteen hundred dollars, who shall be a civil executive officer; one head porter for the building at an annual salary of twelve hundred dollars. He may appoint one engineer at an annual salary of eighteen hundred dol- lars; one fireman at an annual salary of twelve hundred and sixty dol- lars; one electrician at an annual salary of eighteen hundred dollars; provided, however, that the superintendent is hereby empowered to employ an additional electrician for emergency purposes. The superin- tendent may also appoint two elevator attendants at an annual salary of ten hundred and eighty dollars each; two telephone exchange opera- tors at an annual salary of seven hundred and twenty dollars each. He may appoint to serve from January first until May first in each legislative year one engineer at a monthly salary of one hundred and fifty dollars; one fireman at a monthly salary of one hundred and five dollars; one electrician at a monthly salary of one hundred and POLITICAL CODE. 33C fifty dollars; two elevator attendants at a monthly salary of ninety dollars each; two telephone exchange operators at a monthly salary of sixty dollars each; ten porters at a monthly salary of ninety dollars each. He may also appoint one telephone exchange operator at a monthly salar3' of sixty dollars to serve two months each year while the legislature is not in session. The salaries of all such appoijitees shall be paid at the same time and in the same manner as other state officers. § 2. The sura of twenty-seven hundred and ninety dollars is hereby appropriated to be used to pay the compensation of the additional police- men and for the electrician herein provided for, the salaries of the other emplovees to be provided for by law. [Amendment approved June 14, 1913; Stats. 1913, p. 944.] This section was added to the code April 1, 1911 (Stats. 1911, p. 573). Compensation of capitol park gardeners, etc. § 719. The t-uiariiiteiideiit may emi)li(y such competent assistant gardeners at a salary of one hundred dollars each per month, and such regular and temporary laborers, jiorters and other help for the proper conduct and care of the capitol and grounds, as may be deemed neces- sary by said superintendent and the state board of control. Said labor- ers, porters and other help shall receive as comj)ensation for their services three dollars and fifty cents per diem, earh; said wages shall be paid only from money appropriated for such purposes. Such assist- ant gardeners and regular laborers, jiorters, appointees and employees shall have the power of peace officers. [Amendment approved May 13, 1913; Stats. 1913, p. 213.] This section was added to the code iVpril 1, 1911 (Stats. 1911, p. 573). Salaries of superior judges. § 737. The annual salaries of the judges of the superior court of the city and county of San Francisco, of the county of Los Angeles and of the county of Alameda are six thousand dollars, of the counties of Riverside, Contra Costa, San Joaquin. Sacramento, Marin, Santa Clara, San Diego, Fresno and San Bernardino, five thousand dollars, of the counties of Santa Cruz, San Mateo, Yuba, Sutter, Butte, Nevada, Sonoma, Colusa. Monterey, San Luis Obispo, Shasta. Siskiyou, Santa Barbara, Mendocino, Tehama, Kern. Placer, Humboldt, Tulare, Solano, Yolo, Mariposa, Ventura. Mono. Kings, Amador, Calaveras, Stanislaus. El Dorado, Merced, Madera, Tuolumne. Orange, Glenn, Napa and San Benito, four thou.l^a or Mn.. as lb« caae may br t 2 Sex and Occupation .- .3 My bright is , teet, inch.-^ •1 .My country or state of nativity i^ a My place of rtsidtiKf is I r. ii i . . street C between !*' r'-rl« Floor, Ri>and of «i!rh proprietor. 8 My post office address is .J..' .. j 9 I intend t(5 affiliate at the ensuing primary election with tl.<. Tarty, ,n \ Na.ura.Ur.1 } »=>«« l"''"}^^! ■^l^.:. State 0* ..../V-.J ) by court. / ( ) Such certificate of naturalization was issued ninety day" prior to the neit surcr^sding flection. 11 Said certificate of naturaliialion is lost or out of my ()OS«f.»ion. It has not been revoked. 12 ' "b*'?"!!''^ I ^ became a cilijcn by virtue ol the naluralii.tlinn o< my (atlier, which look place during mj / naiural'iiaiion I minority, and I began to reaide permanently in the L'nit<-d Slates while such minox child. f II liecamo a ciliicn by virtue -.i my marrian* to a ciliien of the United Stale*, or a pervon xho I Kaiiiraliinl ( btcnnic a ciliien of the Unite-l Sljtis l>v naturalization, and my citizenship has not bcin lost. ('*'"»"'""" ( / Date of sai.l niarriag.- . N.inK- of hurband 13 14 I am not regislcrctl in any olhvr county in ini^ --i.itv. am able to read the (xinstitntion in the English languagf am able to « rite my name. was more than sixty years of age NovcmbotS, 1S9-I. (t«i»»n.«»r.^i ii.'.».iiii.r ■.■ . i«,......rH r.cti..c:t > can mark mv ballot, by reason of physical disabilitr, viz.. (lIRnlbJanIt iablli-J oot by aunl ' ool." .lairKalut^oldbabilily ir . i ( 1 have resided in the UnilcJ States five years next preceding the lime of application and «ill hare raaided in thi 19 < slate one year, and in said county ninety il.iys, and in said precinct thirty days neat preceding the Dczl ensu ( rit'cliun, and uill be an elector of said county al the next sucvfoling ek-cttoo. Subscribed and sworn to before me this day of ...A (.Ipplicant •!(& b«r«) , County Clerk (or Registrar of Voters). , Deputy Clirk (or Deputy Registrar of Voter*). [Amemlment approvctl June 14, 1913; Stats. 1913, p. 1174.] Also aiDPnded May 1, 1911 (Stats. 1911, p. 1442), and January 9. 19i: (Stats. Ex. Sess. 1911, p. 196). 353 POLITICAL CODE. §§ 1097a-110o ' Reglslr.iUon of person gaining citizenship through father. § 1097a.. The affidavit of registration of any person who is a citi/.en of the United States by virtue of his father being a citizen thereof at the time of his birth shall, in lieu of the statements regarding nat- uralization required by the provisions of sections 1096 and 1097 of the Political Code, contain the following statement, to wit: I am a citizen of the United States by virtue of my father being a citizen thereof at the time of ray birth, and ray father has resided in the United States. Said affidavit of registration shall also contain the statement that said person is or would be an elector of the county, or city and county, at the next ensuing election, and shall also contain all the other state- ments required by said sections" 1096 and 1097 of the Political Code, excepting those regarding naturalization. The name of such persons must thereupon be entered by the officer charged with the registration of voters. [New section approved May 20, 1913; Stats. 1913. p. 231.] Cancellation of entry. § 1105. Cancellation is made by writing on the affidavit of registra- tion, the word "Canceled" and the reason therefor. [Amendment ap- proved April 12, 1911 J Stats. 1911, p. 890.] Cases in which entry of name in great register must he canceled. § 1106. The clerk must cancel the entry in the following cases: 1. At the request of the party registered. 2. When he knows of the death or removal of the person registered. 3. When the insanity of the person registered is legally established. 4. Upon the production of a certified copy of a judgment of the con- viction of any elector of any infamous crime, or of the embezzlement or misappropriation of any public money, in full force against the per- son registered, upon information of such conviction, obtained as here- inafter provided. 5. Upon the production of a certified copy of a judgment directing the cancellation to be made. 6. Upon a certificate of the board of election of any precinct, sent up with the election returns, stating the death or removal, within their ,own knowledge, of the person registered. 7. When it appears by the returns made by the board and clerks of election that the respective party did not vote during the next preced- ing two years at any general or special election. 8. The clerk shall "cancel upon the great register every name found thereon which is found upon the register of deaths provided for by law. 9. Every judge before whom proceedings were had, which result in any person being declared incapable of taking care of himself and managing his property, and for whom a guardian of his person and estate is accordingly 'appointed, or which result in such person being committed to a state insane asylum as an insane person, shall file with 23 §§ 1106a-1113 POLiTic-VL CODE. 354 the county clerk a certificate of that fact, and thereupon the clerk shall cancel the name of such person upon the great register if found thereon. 10. The county clerk shall also, in the first week o'f September in each' year, examine the records of the courts having jurisdiction in case of infamous crimes and the embezzlement or misappropriation of public money within his county, and cancel upon the great register the names of all persons appearing thereon who shall have been convicted of an infamous crime, or of the embezzlement or misappropriation of public money in such court, and which conviction shall have been car- ried into effect. [Amendment approved January 22, 1912; Stats. Ex. Sess. 1911, p. 243.] Cancellation of registration of persons convicted of infamous crimes. § 1106a^ In any county or city and county where there .shall he a registrar of voters, the county clerk of such county or city and county shall furnish to such registrar of voters before the first day of Sep- tember of each year, a statement taken from the records of the courts havjng jurisdiction in cases of infamous crimes and the embezzlement or misappropriation of public moneys within his county, showing the names of all persons appearing from such records to have been convicted of an infamous crime, or of the embezzlement or misappropriation of public money, in such court during the year prior to such first dfiy of September, and which conviction shall have been carried into effect, and such registrar of voters shall thereupon during the first week of September in each year, cancel the aflidavits of registration of such per- sons. The county clerk shall certify the said statement under the seal of his office. [New section approved May 1, 1911; Stats. 1911, p, 1444.] Compelling registration. § 1108. If tlic clerk refuses to register any qualified elector in the county, such elector may proceed by action in the superior court to com- pel sucii registration. [Amendment approved April 12, 1911; Stats. 1911, p. SflO.] Compelling cancellation. § 1109. Any person may proceed by action in the superior court to comjiel the clerk to cancel any registration made illegally, or that ouglit to be canceled by reason of facts that have occurred subsequent to the time of such registration; but if the person whose name is sought to be canceled be not a party to the action, the court may order him to be made a partv defendant. [Amendment approved April 12, 1911; Stat5. 1911, p. 890.] Clerk to arrange affidavits of registration by precincts. § 1113. Within five days after the last day of registration, the clerk jhall arrange the affidavits of registration for each precinct alphabet- ically by surnames, and number the same, beginning with one in each case, and bind the same, or cause them to be boun>l, into a book by fastening the left-hand edges together with a staple, wire, thread or 355 POLITICAL CODE. §§ 1115-1120 other suitable material; he shall at the same time treat the duplicate affidavits of registration in the same manner. [Amendment approved April 12, 1911; Stats. 1911, p. 891.] Index to registers. Copies for candidates. General index. § 1115. Within five days after the binding of said books the clerk shall prepare an index of each book, said index to contain the numbers, names, occupations, addresses, and political affiliations as they appear in said books. Such names shall include Christian or given names, the middle name or initial, if any; and, if the name be that of a woman, Ruch name shall be preceded by the designation of "Miss" or "Mrs.," as the case may be. The clerk shall have at least one hundred copies of said index printed for the use of said county, and he shall have printed and shall furnish to the municipalities vpithin said county, such addi- tional number of copies thereof, not exceeding fifty, as the governing body of such municipalities shall by resolution require. The county clerk shall furnish upon vrritten or oral demand to every candidate, who is to be voted for in said county, city, or city and county or any political subdivision of said county, city, or city and county, an index of the registration, for such primary and general elections in which said candidate will participate, at a cost of ten cents per thousand names. All such moneys collected shall be deposited in the county treasury, to the credit of the general fund. The number of copies of said index necessary to be printed shall apply only to the index pre- pared for use at general elections. In counties where indexes are pre- pared for primary elections, a smaller number of such indexes may be printed. The clerk shall have bound together in one or more volumes, a general index of said books arranged alphabetically by precinct, and shall keep at least one copy of said general index in his office for public reference. [Amendment approved June 14, 1913; Stats. 1913, p. 1171.] Also amended April 12, 1911 (Stats. 1911, p. 891), and January 12, 1912 (Stats. Ex. Sess. 1911, p. 222). Evidence that person is an elector. § 1117. A certified copy of an uncanceled affidavit of registration is prima facie evidence that the person named in the entry is an elector of the county. [Amendment approved April 12, 1911; Stats. 1911, p. 891.] Primary elections, qualifications and registration of voters at. § 1118. [Repealed May 1, 1911; Stats. 1911, p. 1392.] Primary elections. Registration office to be open fifty days. § 1119. [Repealed May 1, 1911; Stats. 1911, p. 1392.] Persons entitled to vote. § 1120. All persons shall be entitled to vote at the elections men- tioned in section 1044 of this code, who come within the terms or com- ply with the requirements of this section. § 1121 POLITICAL CODE. 356 1. Every persnii who was a qualified elector at the general state elec- tion immediately preceding the holding of any of the elections mentioned in section 1044 of this code, and who was registered as required by law as a qualified elector of any one of the precincts which together com- pose the special election or consolidated election precincts, and who continues to reside within the exterior boundaries of such special elec- tion or consolidated election precinct, until the time of holding of the election provided for and held under said section 1044, shall be entitled to vote at said election, without other or additional registration except as provided in the second paragraph of this section. All other persons, in order to be entitled to vote at any of the elections provided for in said section 1044, must be registered in the manner required by sec- tions 1094, 1096 and 1097 of this code, as an elector of and within one of the precincts which compose the special election or consolidated pre- cinct wherein he claims to be entitled to vote. Such registration must be made and had in accordance with the provisions of sections 1094, 1096 and 1097 of the Political Code; provided, that such registration shall be in progress at all times except during the thirty days im- mediately preceding any such municipal or special election held under said section 1044 of this code. 2. "Where any of the elections mentioned in section 1044 of this code is held in an even-numbered year and between the first day in April and the date of the general state election held that year, any person to be entitled to vote at such election mentioned in section 1044 of this code must have been registered during said even-numbered year in the manner required by sections 1094, lu96 and 1097 of this code as an elector of and within one of the precincts which compose the special election or consolidated precinct wherein he claims to be entitled to vote. [Amendment approved June 16, 1913; Stats. 1913, p. 1441.] Also amended May 1, 1911 (Stats. 1911. p. 1392). Beglster used to consist of original affidavits. Name must be registered. § 1121. The register used nt each special election or consolidateti elec- tion precinct, at the elections proviiled for in section 1044 of this code, provided, such elections are not held between the first day in April and the date of the general state election in any even-numbered year, shall consist of the original affidavits of registration for the territory consti- tuting such special election or consolidated election precinct, at the last general state election immediately preceding the holding of the election provided for in said sectiuu 1044, together with a supplement or supple- ments showing the additional names of the persons who by registration have since such general state election become entitled to vote at any of the elections to be held in such precinct, under said section 1044 of this code. In the event that precinct registers were used at the last preceding general state election, then it shall be the duty of the county clerk or person clothed with the authority for the registration of voters, to furnish such original affidavits of registration with the supplements 357 POLITICAL CODE. § 1142 aforesaid, for each of the special election or consolidated precincts, to the boards of election, respectively, in and for each such election precinct. No person shall be entitled to vote at any such election provided for in said section 1044 of this code, unless his name is registered by such original affidavit of registration, in the precinct within the exterior lioundaries of the election precinct, or unless, according to the consti- tution and laws of this state, he is entitled to vote thereat. If any t'U'ction provided for in section 1044 of this code is held between the first day in April and the date of the general state election in any even-numbered year, the register used at each special or consolidated election precinct at such election shall consist of the original affidavits of registration of those who had registered from the territory consti- tuting such special or consolidated election precinct in said even- numbered year and at least thirty days prior to such election. [.\mendment approved June 16, 1913; Stats'. 1913, p. 1441.] Appointment of election boards. Apportioned to parties. Absence from polling place. Persons not eligible. Penalty. § 1142. When an election board is ordered, the board of supervisors, or other board having charge and control of elections in each of the counties, and cities and counties, of the state must appoint officers of election board from the registered electors of each precinct to serve as election officers only in the election precinct in which they are registered and actually reside to constitute the election board for such precinct, which shall consist of two inspectors, two judges, two clerks; provided, that in any precinct which has a total registration of less than seventy-five voters, the election board may, in the discretion of the board of supervisors or other board having charge and control of elections in such pre- cinct, consist of one inspector, one judge, and two clerks. The in- spectors, judges and clerks so appointed shall constitute a board of elec- tion for such precinct. At all primary and general elections the mem- bers of election boards shall be apportioned first to each or any party having fifteen per cent or over of the registration designated in its name on the great register of the county, one member of the board for every such fifteen per cent of registration; provided, that if it should happen that there is, after giving one member for each fifteen per cent and multiple thereof, one more member to be appointed, such member shall be appointed from the party next highest on the great register not represented on the board. If two remain to be appointed, the second one shall be appointed from the party having the highest fraction of fifteen not already represented on the board. If there should be only two parties represented on the great register and there is another member of the board to be appointed after the fifteen per cent and multiples are represented, such member shall be appointed from the party having the highest fraction of fifteen per cent. The inspectors, judges and clerks upon each board of election shall distribute the extra duties devolving upon such board of election, in addition to their own duties, in such §§ 1145-1151 POLITICAL CODE. 358 a manner as they themselves shall deem most advantageous, and such extra duties assigned to the several officers or clerks of boards of election by other sections of this code shall be performed by the members of each board as the said duties have been distributed in accordance with this provision. Not more than two members of any board of election shall be absent from the polling place at any one time. And such board of supervisors or other board having charge of elections must notify each person appointed as a member of an election board, by written notice mailed to such person at the address shown on the affidavit of registra- tion, at least seven days before the election, and must publish the names of such electors who constitute the board of elections for such election jjrecinet, in some newspaper published in the county or city and county where the election is to be held for two successive issues, the last pub- lication to be at least one week before the day such election is to be held. Such board of election shall canvass the votes for such precinct, and must be present at the closing of the pulls. The members of said board shall relieve each other in the duties of canvassing the ballots, which may be conducted by at least half of the whole number; but the final certificate shall be signed by a majority of the whole. No person shall be eligible to act as an officer of election at any precinct who has been employed in any capacity by the county, city and county, incor- porated city or town in which an election is held, within ninety days preceding such election. No person shall be eligible to act as a member of any election board, or as a clerk upon such board, who cannot read and write tlie English language. Any person acting as a member of any elec- tion board, or as a clerk upon such board, who cannot read and write the English language, and any person who refuses to act upon suf'h board, or as a clerk thereof, after proper notification of his appointment, who is otherwise eligible, unless good and sufficient cause for such refusal is shown to the election board or to the board of supervisors, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of five hundred dollars, and upon failure to pay said fine shall be imprisoned in the county jail of such county, or city and county for the period of one dav for each dollar of said fine. [Amendment approved June 14, 1913; Stats. 1913, p. 11(55.] Also amended April 12, 1911 (Stats. 1911, p. 891), and January 2, 1912 (Stats. Kx Sess. 1911, p. 18G). Citations. Cal. 163/343. Powers of election inspectors. § 1145. Tlie inspectors may: 1. Administer all oaths required in the progress of an election. 2. Appoint judges and clerks, if, during the progress of an election, any judge or clerk ceases to act. or becomes incapacitated from acting. [Amendment approved May 1, 1911; Stats. 1911, p. 1444.] Board of election for special election precincts. Poll list and tally list. § 1151. The board or governing body charged with the conduct of elections shall appoint a board of elections for each special elfcctiou or 359 POLITICAL CODE. §§ 1160-1188 consolidated election precinct, to consist of two inspectors, two judges, and two clerks, for each municipal election provided for by section 1044 of this code, and a board of election for each such precinct to consist of one inspector, one judge, and two clerks, for every special election provided for in said section 1044 of this code, who shall apportion among them- selves the work and labor required to conduct such election within their respective election precincts. But one poll list, one tally list, and one copy of such tally list as provided for in section 1261 of the Political Code need be kept,, and but one book of original aflidavits of registra- tion. These shall be returned to the proj)er officers with the official returns, in the same manner provided for the returns at a general elec- tion. Said election officers are to be apportioned equally between the two political parties which, respectively, cast the highest and next highest number of votes for governor at the last preceding general state election. [Amendment approved January 9, 1912; Stats. Ex. Sess. 1911, p. 186.] Opening and closing of polls. § 1160. The polls must be opened at 6 o'clock A. M. of the day of election, and must be kept open until 7 o'clock P. M. of the same day, when the polls shall be closed, except as provided in section 1164 of this code. [Amendment approved May 22, 1913; Stats. 1913, p. 219.] Proclamation on closing. § 1164. When the polls are closed, that fact must be proclaimed aloud at the place of election; and after such proclamation, no ballot inust be received; provided, however, that if at the hour of closing there are any other voters in the polling place, or in line at the door, who are qualified to vote and have not been able to do so since ap- pearing, the polls shall be kept open a sufficient time to enable them to vote. But no one who shall arrive at the polling place after 7 o'clock in the afternoon shall be entitled to vote, although the polls mav be open when he arrives. [Amendment approved May 22, 1913; Stats. 1913, p. 219.] § 1174. Citations. Cal. 155/297. Nomination of candidates for public office. § 1186. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Citations. Cal. 155/299. Nominations, certifying of. § 1187. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Nomination of candidates otherwise than by primary. Law that gov- erns. Signers. Name on ballot. § 1188, A candidate for any public office for which no nonpartisan candidate has been nominated at any primary election may be nomi- nated subsequent to said primary election, or in lieu of any primary g§ 1189-1192 POLITICAL CODE. 3G0 election, in the manner following: a nomination paper containing the name of the candidate to be nominated, with other information required to be given in the nomination papers provided for in the direct primarv law enacted at the fortieth session of the le^slatur'' of the state of Cali- fornia, shall be signed by electors residing within the district or political Bubdivisioii for which the candidate is to be presented, equal in num- ber to at least one per cent of the entire vote cast at the last preceding general election in the state, district or political subdivision for which the nomination is to be made, subject to the restrictions contained in said direct primary law. For the purposes of this secTion the provisions of said direct primary law, as said sections apply to the nominees for judicial, school, county, and township officers, shall substantially govern as to the manner of the appointment of verification lieputies, the form of nomination papers and the securing of signatures thereto, the fasten ing together of sections of the nomination papers containing such signa- tures, and the filing thereof with the county clerk, or the certification thereto by the county clerk and transmission thereof to the secretary of state, as the case may be, the payment of a filing fee, and all other things necessarj* to get the name of a candidate under this section upon the ballot, except that such provisions shall be directed toward getting the candidate's name on the ballot for a general or municipal election, and not on the ballot for nomination at a primary election. In adlacing upon the ballot of names of candirlates nominated "by petition." LAmeudment approved June 14, 191o; 8tats. 1013, p. 1168.] Also amendod April 12. 1911 (Stats. 1911. p. 897). Citations. Cal. 155/783. 784, 785, 786. 787. Certificates of nomination, filing of. § 1189. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Nominations, limitation upon. § 1190. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Filing of nomination certificates. § 1192. C'ertitii-atos of nomination required to be filed with the secre- tary of state, or with the county clerk, shall be filed not more than sixty days and not less than thirty-five days before the day of election, when the nomination is made by electors as provided in section IISS of this ;G1 POLITICAL CODE. §§1190-1105 code. Cortififates of nomination required to lie filed with the clerk or ijecretary of the ie{?islati\'e body of any city or town, shall be filed not more th;in fifty days nor less than twenty days before the day of elec- tion, when the nomination is made by electors as provided in section 1188 of this code. [Amendment approved .Tune 14, 1913; Stats. 1913, p. 1168;] Also amended April 12, 1911 (Stats. 1911, p. 893). Certifying names of candidates. § 1193. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Nominations sent to county committee. § 1194. 1 Repealed May 1, 1911; Stats. 1911, p. 1393.] Statements concerning proposed constitutional amendments. § 1195. Whenever the logisl.iture shall pro|iose any amendment to the constitution of this state, which amendment shall have been passed in the manner required by section 1 of article 18 of the constitution, the author of such amendment and one member of the same house who voted with the majority on the submission of such amendment and one member of the same house as the author who voted with the minority against the submission of such amendment, both of whom shall be selected by the presiding officer of such house, before the adjournment of the legislature and they shall within one year after the adjournment of the legislature prepare a brief statement showing the purpose of said amend- ment, and a comparative statement of the operation of the present section or article of the constitution, and the reasons advanced by the majority for its adoption, and the reason advanced by the minority against its adoption, and any other reason why such amendment should be adopted, or be not adopted, and forward such article to the secretary of state, and the secretary of state shall cause to be printed at the state printing office, in convenient form, one and one-half times as many copies of such statement as there are registered voters in this state, and in case the legislature shall submit any proposition to a vote by the qualified electors of the state, the secretary of state shall duly, and not less than twenty-five days before the election next ensuing, certify such amendment and proposition to the county clerk of each county of the state and shall cause to be printed at the state printing office one and one-half times as many copies of said amendment and proposition as there are registered voters in the state, and at least thirty days before any election at which said proposition and amendment is to be voted on the secretary of state shall furnish each county clerk in the state with one and one-half times as many copies of said amendment, proposi- tion and statement as there are registered voters in his county. The clerk of each county shall thereafter cause to be mailed to each voter a copy of such amendment or proposition and of said statement, at the same time, in the same manner and in the same envelope jirovided for §§ 1195a, 1196 POLITICAL code. 362 in section 1210 of ttis code, and no other publication of said amend- ment or proposition shall be necessarv or authorized. [Amendment ap- proved June 14, 1913; Stats. 1913, p. "1167.] Contents of pamphlet for advertising constitutional amendments, etc, § 1195a. The sheet or pamphlet containing the proposed constitutional amendments provided for in section 1195 of this code, as well as any question, proposition or amendment to the constitution to be submitted to the people by either initiative or referendum petition, shall also con- tain the corresponding constitutional provisions as then in force, if any, and the parts of the proposed amendment different from the existing provisions shall therein be distinguished in print, so as to facilitate com- parison. Three copies of the constitution, in the form of pamphlets, to be supplied by the secretary of state, shall be kept at every polling place, while an election is in progress, so that they may be freely con suited by the electors. All questions, propositions and constitutional amendments which are to be submitted to a vote of the electors shall be printed on said sheets or pamphlets, so far as possible, in the same manner and form in which the same shall be designated upon the ballot and shall be designated thereon by the ballot title or designation which may be provided therefor. Said ballot title shall be jirinted on the sheets and pamphlets herein referred to immediately prior to the par- ticular question, yiroposition or constitutional amendment therein re- ferred to. There shall also be printed on said sheets and pamphlets the copy of said ballot title or designation as the same will appear on the ballots when voted on in the order and with the proper number which ballot title or designation shall be the method by which said ques- tions, propositions and constitutional amendments shall be designated on the ballots. [Amendment approved June 14, 1913; Stats. 1913, p. 1156.] County clerks to provide ballots. Separate ballots. Size. Paper. Water-mark. Secret design. When changed. Voter may write in name. § 1196. Except as in this code otherwise provided, it shall be the duty of the county clerk of each county to provide printed ballots for every election of public officers, except elections for city or town officers, in which electors, or any of the electors, within the county, participate, and to cause to be printed in the appropriate ballot the name of every candidate whose name has been certified to or filed with the county clerk, in the manner provided for by law, together with the names cer- tified by the secretary of state to have received in the respective par- ties, the highest number of votes for United States senator. Ballots other than those printed by the respective county clerks, or the clerk or secretary of the legislative body of any incorporated city or town, according to the j>rovisions of this code, shall not be cast nor counted at any election. It shall be the duty of the county clerk of any con- solidated city and county to provide separate ballots for every election 363 POLITICAL CODE. § 1197 for city and county ofTiccrs in which the electors, or any of the electors, of such city and county, participate, and to cause to be printed on such separate ballots the name of every candidate for a city and county office whose name has been filed with the proper officer in the manner provided by law. It shall be the duty of the clerk or secretary of the legislative body of any incorporated city or town to provide separate ballots for every election for city or town officers in which the electors, or any of the electors, of such city or town, participate, and to cause to be printed in such separate ballots the name of every candidate whose name has been filed with such clerk or secretary in the manner pro- vided for by law. All ballots shall be not to exceed twenty-four inches in length, and shall be of sufficient width to contain in parallel columns four inches in width the names of all candidates nominated, and below the printed list of candidates for each office, the necessary blank space or spaces to permit an elector to write in the names of persons whose names are not printed on the ballot, and to contain in a separate column or columns of suflScient width statements of all questions, propositions or constitutional amendments to be submitted to vote of the electors, and shall be printed on tinted paper furnished by the secretary of state. It shall be the duty of the secretary of state to obtain and keep on hand, a sufficient supply of paper for ballots, and to furnish the same in quantities ordered, to any county clerk, or clerk or secretary of the legis- lative body of any incorporated city or town, upon payment by them of the cost of such paper. Such paper shall be water-marked with a design to be furnished by the secretary of state, in such manner that the said water-mark shall be plainly discernible on the outside of such ballot when folded according to law. Such design shall be kept secret fi'om all persons not engaged in the preparation, printing or distribution of the paper or ballots, until the day of election. Such design shall be changed for each general election, and the same design shall not be used again at any general election within the space of fourteen years; but at any special or separate local election, paper marked with the design used at the previous election may be used. Nothing in this code con- tained shall prevent any voter from writing upon his ballot the name of any person for whom he desires to vote for any office and such vote shall be counted the" same as if printed upon the ballot, and marked as voted for. [Amendment approved March 20, 1911; Stats. 1911, p. 404.] One form of ballot. § 1197. 1. There shall be provided at each polling place, at each election at which public officers are voted for, but one form of ballot for all the candidates for public office, and every ballot shall contain the names of all the candidates whose nominations for any office specified on the ballot have been duly made and not withdrawn, as provided by law, together with the title of the office arranged to conform as nearly as practicable to the plan hereinafter set forth. § 1197 POLITICAL CODE. 364 Order of list of officers, 2. The order in which the list of officers shall appear on the ballot shall, as to state offices and district offices, when the district includes more than one county, be determined by the secretary of state, and shall as nearly as may be practicable, be the same for all counties. The order in which the list of county offices or district offices embracing one county or less, shall appear on the ballot, shall be determined by the county clerk. Officers voted for throughout state. PresidentlaJ electors. Voting space. Officers voted for in more than one county. Certifying list to county clerks. (a) If the office is an office the candidates for which are to be voted on throughout the entire .=tate, including United States senator in con- gress, the secretary of state shall arrange the names of all candidates for such office in alphabetical order for the first assembly district; and thereafter, for each succeeding assembly district, the name appearing first for each office in the last preceding district shall be placed last, the order of the other names remaining unchanged; proviiled, however, that the names of candidates for the office of electors for President and Vice- President shall be arranged in groups as presented in the several cer- tificates of nomination, and the secretary of state shall arrange such groups for the first assembly district in the alphabetical order of the names standing at the head of each of su^h groups ns the first name therein; and, thereafter, for each succeeding assembly district, the group appearing first shall be placed last, the order of the groups remaining unchanged; but the order of the names within each of the several groups shall remain the same as presented in the several certificates of nomination and shall remain the same for all assembly districts. A blank column one-half inch wide shall be left upon the ballot opposite each group of names of candidates for electors for president and vice- president, and to the right of the column of voting squares for the in dividual names and separated from it by a light dotted line, which blank column shall contain a square in which may be stamped a cross (X) which shall be counted as a vote for each and every name in the group opposite. Lengthwise along this blank column shall be printed in heavy face type "A cross (X) stamped in this square shall be counted for each name of the group to the left." The line separating any group of names from any other group shall be heavier than any line separating the individual names in each grouiv and shall extend across the blank column provided for in this paragraph. Below the top line of this ex- tension shall be printed in small heavy face tyjie the words "top of groups," and above the bottom line of the e.xtension, the words "end of group." If the office is that of representative in congress, or is an office the candidates for nomination to which are to be voted on in more than one county or city and county, but not throughout the entire state, ex- cept the office of state senator or assemblyman, the secretary of state 3G5 POLITICAL CODE. § 1197 shall arrange the names of all candidates for such office in alphabetical cirder for that assembly district which is lowest in numerical order of iny assembly district in which such candidates are to be voted on, and tlioreafter for each succeeding assenilily district in which such candi- dates are to be voted on, the name appearing first for such office in the last preceding district shall be placed last, the order of the other names remaining unchanged. In certifying to each county clerk or registrar of voters the list of names as required in section 23 of the primary election law the secretary of state shall certify and transmit the list of candidates for each office according to assembly districts in the order of arrangement as deter- mined by the above provisions; and in case of each county or city and county containing more than one assembly district, he shall transmit separate lists for each assembly district. Except for the office of state senator or assemblyman, the order in which the names so certified shall appear upon the ballot, shall be for each assembly district the order as determined by the secretary of state in accordance with the above pro- visions, and as certified and transmitted by him to each county clerk or registrar of voters. Officers voted for in one comity. (b) If the office is an office to be voted on wholly within one county or city and county, except the office of representative in congress or state senator or assemblyman, the county clerk of such county or the registrar of voters of such city and county, shall arrange the names of all candidates for such office in alphabetical order, which order shall be the order of names upon the ballots; provided, there is no more than one assembly district in such county, or city and county. If there is more than one assembly district in such county or city and county, the county clerk or registrar of voters shall so arrange on the ballot the order of names of all candidates for such office that they shall appear in alphabetical order for that assembly district in such county, or city and county, which is lowest in numerical order, and thereafter for each succeeding assembly district in such county, or city and county, the name appearing first for each office in the dast preceding assembly dis- trict shall be placed last, the order of the other names remaining un- changed. State senator. (c) If the office is that of state senator or assemblyman, the names of all candidates for such office shall be placed upon the ballot in alpha- betical order. City officers. (d) If the office is a municipal office in any city or town whose charter does not provide for the order in which names shall appear on the ballot, the names of candidates for ?ueh office shall be placed upon the ballot in alphabetical order. If the nomination of a candidate for § 1197 POLITICAL CODE. 366 any office shall be made by petition, filed within the time and manner provided by law, but subsequent to the determination of the order in which names of candidates shall appear on the ballot, the name of such candidate with the word "independent" printed to the right thereof, shall be placed on the Vjallot next below the names of the other candidates for the same office; provided, however, that in the ease of .iudieial officers and school officers the word "independent" shall be omitted. Propositions. Titles. Title for initiative questions. Statement of pur- pose of measure. Objection to title. Board of title commissioners. Determination final. 3. The order in which all questions and propositions (including pro- posed laws and constitutional amendments,) which are to be submitted to the vote of the electors, shall appear ipon the ballot shall be de- termined by the secretary of state. The attorney general shall provide and return to the secretary of state a ballot title or designation by which all such questions, jiropositions, proposed laws and constitutional amendments shall be designated upon the ballot; provided, however, any person who is interested in any question, proposition, proposed law or constitutional amendment, the petition as to which is being circulated for the purpose of having the same submitted under an initiative peti- tion, as provided in section 1 of article 4 of the constitution, to a vote of the electors, or any proposed constitutional amendment to be sub- mitted to a vote of the electors, may, at any time prior to one hundred and thirty days before the election at which such question, proposition, proposed law or constitutional amendment is to be submitted to a vote of the electors, file a copy of said question, proposition, proposed law or proposed constitutional amendment with the secretary of state, to- gether with a request that a ballot title be prepared for the same; such request shall be accompanied with the address of the person or association of persons jiroposing such measure. The secretary of state shall forthwith transmit a copy of said question, proposition, proposed law or constitutional amendment to the attorney general. Within ten days after the same is filed with him, said attorney general shall provide and return to the secretary of state a ballot title for said measure. The ballot title may be distinguished from the legislative or other title of the measure and shall express in not exceeding one hundred words, the pur- jiose of the measure. In making such ballot title, the attorney general shall give a true and impartial statement of the purpose of the measure and in such language that the ballot title shall not be an argument or likely to create prejudice either for or against the measure. Imme- diately upon receipt of the ballot title as prepared by the attorney gen- eral, the secretary of state shall mail to any and all persons who may have requested the preparation of such ballot title, a notice addressed to such person or persons at the address accompanying such request, stating that the attorney general has made and returned such ballot title, which notice shall also contain a copy of the ballot title as prepared o(J7 POLITICAL CODE. § 1197 by the attorney general. Any person who is dissatisfied with the ballot title prepared by the attorney general for any such question, proposition, proposed law or constitutional amendment may, after the same has been returned to the secretary of state as hereinbefore provided, and within ten days after said notice shall have been mailed by the secretary of state, as above provided, filo in writing with the secretary of state his objections, who shall forthwith file a copy of such question, proposition, proposed law or constitutional amendment, together with the title thereof as so prepared by the attorney general and the said objections thereto, with the board of title commissioners, which board shall consist of the j three justices of the district court of appeal of the state of California, in and for the third appellate district, who shall be ex officio title com- missioners for the purj)oses of this act and which board is hereby created; said board shall fix a time at which any person may be heard either for or against the objection so made and shall notify all persons of the time so set and thereujion said board of title commissioners shall pro- ceed to consider the said title prepared by the attorney general and the I objections filed thereto, and shall prepare a title by which such ques- I tion, proposition, proposed law or constitutional amendment shall be i designated upon the ballot. Said title commissioners shall certify the I said designation to the secretary of state within ten days after said written objections have been received by them. The determination by the said board of title commissioners shall be final and conclusive. Such questions, propositions, proposed law and constitutional amendments shall be designated on the ballot by the said ballot title certified to the secretary of state by the said attorney general, or in case a different title has been prepared, certified and filed by the said board of title commissioners; then such title shall be the title aud designation by which any such question, proposition, proposed law or constitutional amendment shall be designated upon the ballot. Size of ballot, etc. 4. All ballots shall be not to exceed twenty-four inches in length, and shall be four inches in width and as many times such width as may be necessary to contain the names of all candidates nominated, with proper blank spaces to allow the voter to write in names not printed on the ballot, and also a separate column or columns of sufficient width for statements of all questions, propositions or constitutional amendments submitted to vote of the electors. Each group of candidates to be voted on shall be headed by the designation of the office and the words "vote for one" or "vote for two" or more, according to the number to be selected to such office; such designation of the office and of the num- ber of candidates to be voted for shall be printed in heavy faced gothic type not smaller than ten point. The word or words designating the office shall be printed flush with the left-hand margin and the w^ords "vote for one" or "vote for two" or more, as the case may be, shall extend to the extreme right of the column and over the voting square. § 1197 POLITICAL CODE. 368 The designation of the office and the «Jireetions for voting shall be sepa- rated from the names of the candidates by a light line. The names of the candidates for such office shall be printed in eight point reman type (capitals) in proper order below the designation of the office, and in the same line in which the name of the candidate is printed and at the right of the name, or immediately below the name if there shall not be sufficient spare to the right thereof, shall be printed in eight point roman type (lower case) the designation of the political party or par- ties by or on behalf of which such candidate has been nominated; pro- vided, that when a candidate has been nominated by petition, the word "independent" shall be printed to the right of his name; and provided, also, that as to candidates for ju W— 0^ > .>k — 1 — ^_ 1 OOWMTT „..m^^ 1 1 UO«- •«.! —— — 1 •«.«» ««-„ - 1 '"^y^FT — *■*■ 4— i—-^.,— ,— ■ >w »™ il. .«« ..— 1 WMH vMin 1 ..__-.._ 1 oomomtamomtd. - - _ — « ■kta .-^a^^^^ ^^^ .„^™._ ,..«;u...^ «o,-.„^ ....M._ c^-«». ..»»— . CiitA • ■tato - - . - --II MkM „ «-_ U^» ^..-^.w^ — — .._ ,..-a.«>«- -„-,>««~i- , 1 L li« ■ kO ■™ ™«„™..w— n«MiK« iMua, kw«^ . — -~ — V-,. ^ — .^ „ - 373 POLITICAL CODE. §§ 1198-1204 Blading of ballots. § 1198. All ballots, when printed, shall be bound in stub books, eazh book to consist of ten, or some multiple of ten, ballots and so issued. A record of the number of ballots printed by them shall be kept by the re- spective county clerks, and by the clerk or secretary of the legislative body of each incorporated city cr town. [Amendment approved April 22, 1913; Stats. 1913, p. 58.] Also amended March 24, 1911 (Slats. 1911, p. 477). Number of ballots furnished. Destructloa of unused ballots. § 1199. The county clerk or re;:;istrar of voters of each county shall provide for each election precinct in the county ten general tickets for every eight or fraction of eight electors registered in the election pre- cinct for such election; and an additional ten ballots for each election precinct that has less than thirty registered electors; provided, that no ballot pad used or provided for any election shall contain less than ten general tickets for such election, and in case of a consolidated city and county, an equal number of municipal tickets, when any city and county officers are to be elected and the clerk or secretary of the legislative body of any incorporated city or town shall furnish a like number of municipal tickets when any city or town officer is to be elected. And upon the day of election, immediately upon the arrival of the hour when the polls are required by law to be closed, the county clerk in each county shall openly, in his main office, in the presence of as many persons as may there assemble to observe his act, proceed to destroy every unused ballot which shall have remained in his possession, custody, or control, and forthwith make and file his affidavit, in writing, as to the number of bal lots so destroyed. [Amendment approved April 22, 1913; Stats. 1913, p. 58.] § 1203a. Citations. App. 10/91. Manner of voting. Name changed by marriage. Comparison of sig- natures. § 1204. Any person desiring to vote shall write his or her name and address (or if he or sue be unable to write, shall have the same written for him or her) on a roster of voters provided for that purpose and an- nounce the same to one of the election officers, who shall then in an audible tone of voice announce the same, and if another election officer finds the name on the register, he shall in a like manner repeat tho name and address, whereupon a challenge may be interposed as pro- vided in section 1230 of this code. In case the surname of any female person offering to vote has- been changed by reason of marriage or di- vorce since registration such person shall sign her name as it was be- fore such marriage or divorce and also her name as it is at the time she votes, indicating on the roster by brackets or other means, that the § 1205 POLITICAL CODE. 374 two names are the names of one person. In all cases except in those where the name and address of the voter is written on the roster of voters for him, as above provided, it shall be the duty of the election officer, in the presence and view of the b^'standers, to compare the sig- nature of the voter on the roster of voters with the signature of that person on the register and no ticket shall be given such voter until such comparison of signatures shall have been made, and until such a comparison has been made, as aforesaid, the right of a voter to vote may be ohallcnged. If the challenge be overruled, the election officer shall give the voter a ticket and the clerk shall write on the reg- ister opposite the name of the voter the number of the general ticket given him and also the number of the municipal ticket given him when any city, city and county or town officer is to be elected and the voter shall be allowed to enter the place inclosed by the guard-rail &s above provided. The election officer shall give him but one general ticket and where any city, city and county or town officers are to be elected also one municipal ticket and only one ballot of each kind and in order to prevent voters from marking their ballots with a pencil, or otherwise contrary to law, it shall be the duty of the election officer whenever he shall deliver a ballot to any voter to then orally distinctly state to him, so that it may be heard by the bystanders, that he must mark the ballot with the stamp provided by law or it will not be counted. [Amend- ment approved June 14, 1913; Stats. 1913, p. 1169.] Also amended January 9, 1912 (Stats. Ex. Sess. 1911, p. 188). How voter shall prepare ballot. Folding ballot. § 1205. On rocoiviii},' his ballot, the elector shall forthwith, and with- out leaving the inclostd space, retire alone to one of the places, booths or compartments provided, to prepare his ballot. In voting he shall stamp a cross (X) in the voting square after the name of every candi- date for whom he intends to vote and this shall be counted as a vote for each person after whose name the voter has stamped such cross, or he may vote for a candidate or person whose name is not printed in the ballot by writing a name for such office in the blank space left tliorcfor, in which latter case the vote of such voter for that office shall be counted for the person whose name is so written. Where two or more candidates for the same office are to be elected and the voter de- sires to vote for candidates for that office, he must stamp a cross (X) after the names of all the candidates for that office for whom the voter desires to vote, not exceeding, however, the number of candidates who are to be elected. In case of a qtiostion, proposition or constitutional amendment submitted to the vote of the electors, the voter shall mark his ballot by stamping in the appropriate voting square a cross (X) opposite the answer he desires to give as to such question, proposition or constitutional amendment. All crosses shall be made only with a stamp, which, with necessary pads and ink, shall be provided by the officers who by law are required to furnish election supplies for each booth or 375 POLITICAL CODE. §§ 1207-1210 compartment provided for the marking and preparation of ballots. Be- fore leaving such booth or compartment the elector shall fold his ballot in such a manner that the number of the ballot and the indorsement on the back shall appear on the outside thereof, without displaying the marks on the face thereof, aftd shall keep it folded until he has voted. Having folded his ballot, the voter shall deliver it folded to the in- spector who shall announce in an audible tone of voice the name of the voter and the number of his ballot. If the ballot clerk having in charge the register or affidavits of registration finds such number to correspond with the number marked opposite the voter's name on the register or affidavit of registration, he shall, in like manner repeat the name and number, and shall write opposite the name the word "voted." The in- spector shall then separate the slip containing the number from the ballot, deposit the ballot in the box and immediately destroy such num- bered slip. [Amendment approved March 20, 1911; Stats. 1911, p. 410.] Citations. App. 11/586. § 1207. Cltatloni. App. 14/672. Printing and mailing of sample ballots to voters. Number and voting place. Instruction cards. § 1210. The county clerk of each county, or, in case of separate city or town elections, the clerk or secretary of the legislative body of such city or town, shall cause to be printed, on plain white paper, without water-mark, at least as many copies of the form of ballots provided for use in each voting precinct as there shall be registered voters in such precinct. Such copy shall be designated "sample ballot" upon the face thereof. Said clerk or secretary shall commence to mail the same, postage prepaid, to registered voters ten days before the day fixed by law for such election, and shall have all of the same mailed at least five whole days before the day of election; provided, that not more than one sample ballot shall be furnished to any one voter; and, further provided, that for any general election the number of sample ballots printed shall not exceed the total registration by more than fifteen per cent of such registration, and that for any primary election the number of sample ballots printed for any party shall not exceed the total registration of such party by over twenty per cent of such registration. Such clerk or secretary shall also inclose with each of said ballots the voting number of such elector and the location of his precinct polling place. Only official matter shall be sent out in such envelope. Such clerk or secretary shall cause to be printed in large, clear type, on cards, instructions for the guidance of electors in obtaining and marking their ballots, and he shall furnish twelve such cards to the board of election in each election precinct in his county, at the same time and in the same manner as the printed ballots and sample ballots. The board of election shall post at least one of such §§ 1211-1215 POLITICAL CODE. 376 carrls in each hooth or compartment provided for the preparation of ballots, and not less than three of siu-h cards at other places in and about the polling place, on the day of election. Sections 1214 and 121j of this code, and section 61 of the Penal Code, shall also be printed on each of said cards. [Amendment approved June 14, 1913; Stats. 1913, p. 1170.] Also amended April 12, 1911 (Stats. 1911, p. 893), and January 9, 1912 (Stats. Ex. Sess. 1911, p. 189). Void ballots. Marking too many names. § 1211. 1. In canvassing the votes any ballot which is not made as provided in this act shall be void; but such ballot must be preserved and returned with the other ballots; provided, however, that two or more impressions of the voting stamp in one voting square, or a cross (X) made partly within and partly without a voting square or space, shall not make such ballot void. Any name written upon a ballot shall be counted for such name for the office under which it is written; pro- vided, it is written in the blank space therefor, whether or not a cross (X) is stamped in the voting square after the name so written. 2. If a voter marks more names than there are persons to be elected to an office, or if, for any reason, it is impossible to determine the voter's choice for any office to be filled, his ballot shall not be counted for such office. 3. If a voter stamps in the voting square after the name of any candidate and also writes the name of a person for such office in the blank space, such act does not invalidate his ballot, but his vote shall not be counted for any person for that office, but as to all other offices the ballot must be counted for the candidates opposite whose names the ballot is stamped in the voting squares. 4. No mark upon a ballot which is unauthorized by this act shall he held to invalidate such ballot, unless it shall appear that such mark was placed thereon bv the voter for the purpose of identifving such ballot. (Amendment approved March 20, 1911; Stats. 1911, p. 411.] Citations. App. 11/586, 587. Electioneering, etc. Not to show ballot. No distinguishing marks. § 1215. No officer of election shall disclose to any person the name of any candidate for whom any elector has voted. No officer of election, nor any person, shall do any electioneering on election day within one hundred feet of any polling place. Unless otherwise provided by law no person shall remove any ballot from any polling place before the closing of the poll. Unless otherwise provided by law no person shall apply for or receive any ballot at any election precinct other than that in which he is entitled to vote. No person shall show his ballot after it is marked to any person in such a way as to reveal the contents thereof, or the name or names of the candidate or candidates for whom he has marked his ballot; nor shall any person, except a member of 377 POLITICAL CODE. §§ 1216-1230 the board of election, receive from any voter a ballot prepared by such voter, or examine such ballot, or solicit the voter to show the same. No person shall ask another at a polling place for whom he intends to vote. Unless otherwise provided by law no voter shall receive a ballot from any other person than one of the election officers; nor shall any other person than an election officer, or other officer authorized by law so to do, deliver a ballot to such voter. No voter shall deliver to the board of election, or to any member thereof, any ballot other than the one he has received from the election officer or other officer duly au- thorized by law to furnish him with such ballot. No voter shall place any mark upon his ballot by which it may be afterward identified as the one voted by him. No person shall solicit a vote or speak to a voter on the subject of marking his tifket within one hundred feet of the polling place. [Amendment approved June 14, 1913; Stats. 1913, p. 1172.] Duties of registrar of voters, § 1216. In all counties, and cities and counties, in this state, having a registrar of voters and a board of election commissioners, the powers conferred and the duties imposed by thi9 code upon the county clerks and other officers, in relation to matters of election and polling places, shall be exercised and performed by such registrar of voters, and board of election commissioners; and all certificates of nomination, nomination papers, or election papers, required by this code or by law to be filed with or presented to the county clerk, shall be filed with or presented to the registrar of voters; and the deputies or clerks in the office of the registrar of voters acting under the orders of the registrar of voters, or the election commission shall have all the powers of the deputies of the county clerk in matters relating to elections. [Amendment ap- proved May 1, 1911; Stats. 1911, p. 1445.] Grounds for challenging voters. § 1230. A person offering to vote may be orally challenged by any elector of the county upon either or all of the following grounds: 1. That he or she is not the person whose name appears on the reg- ister. 2. That he or she has not resided within the state one year next pre- ceding the election. 3. That he or she has not been a naturalized citizen of the United Slates for ninety days prior to the election. 4. That he or she has not resided within the county for ninety days preceding the election. 5. That he or she has not resided within the precinct for thirty days next preceding the election. 6. That he or she has before voted that day. 7. That he or she has been convicted of an infamous crime. §§ 1235-1261 POLITICAL CODE. 378 8. That he or she has been convicted of the embezzlement or mis- appropriation of public money. 9. That he or she cannot read as required by the constitution, and does not appear by statement in the affidavit of registration to be entitled to vote notwithstanding such inability. [Amendment approved May 23, 1913; Stats. 1913, p. 225.] Test on challenge. § 1235. If the challenge is on the ground that the person challenged has been convicted of an infamous crime, or that' he or she has been convicted of the embezzlement or misappropriation of public money, he or she must not be questioned, but the fact may be proved by the production of an authenticated copy of the record, or by the oral tes- timony of two witnesses. If the challenge is on the ground that the person challenged cannot read as required by the constitution, and it does not appear by the statement in the affidavit of registration tliat said person is entitled to vote notwithstanding such inability, the challenge shall be determined by the board by the inspection of the said affidavit, and by requiring the person offering to vote (if it does not appear from said affidavit that the person is entitled to vote not- withstanding such inability) to read any consecutive one hundred words of the constitution of the state selected bv the judges. [Amendment approved May 23, 1913; Stats. 1913, p. 225."j § 1241. Citations. App. 14/785. Proceedings upon determination of challenge. § 1242. [Kcpcaled Ai.ril 23, 1913; SUits. 1913, p. 76.] § 1257. Citations. App. 11/585; 14/070, 671, 672. Tally of votes. § 1258. Kach clerk must write down each office to be filled, and the name of each person marked in each ballot as voted for to fill such oflice, and keep the number of votes by tallies, as they are read aloud. Such tallies must be made with pen and ink as the name of each candi- date voted for is read aloud from the respective ballot, and immediately upon the completion of the tallies the clerks who respectively complete the same must draw two heavy lines in ink from the last tally mark to the end of the line in which such tallies terminate, and also write the initials of the person making the last tally in such line. The ballot so read and the tally sheet so kept must, during the reading and tally- ing, be within the clear view of watchers at the count. [Amendment approved June 14, 1913; Stats. 1913, p. 1172.J § 1261. Citations. Cal. 155/296. ■!79 POLITICAL CODE. §§ 1262-1281a Tally lists, etc., on inspection. § 1262. The other list of voters, tally list, and list attached thereto I must be sent to the county clerk or registrar, and retained by him open to inspection of all electors for at least six months. [Amendment approved May 23, 1913; Stats. 1913, p. 226.] Canvass of returns. Additional sets of clerks. Open to the public. § 1280. If, at the time of the meeting, the returns from each pre- cinct in the county in which polls were opened have been received, the board must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until all of the returns are received, or until six post- ponements have b-^en had. In any county or city and county where the number of election precincts in said county or city and county exceed five hundred, said board may appoint several sets of clerks to perform the clerical work of the canvass and to assist in canvassing said returns; and said several sets of clerks so appointed may, under the order and direction of said board, do and perform such work in the canvassing of such re- turns simultaneously. Such canvass may be made at such place in the county or city and county as the board may by order entered in its minutes designate and declare to be a necessity; provided, that where it shall be made at a place other than the usual place of meeting of such board, the place shall be open to the public and the canvass must be made in public, and the said board shall cause public notice to be posted at the usual place of meeting of said board in a conspicuous place for at least three (3) days before the time for making such can- vass, and during all the time while such canvass is being made, which notice shall state clearly and fully the designation and description of the place where such canvass will be made and conducted. [Amend- ment approved December 23, 1911; Stats. Ex. Sess. 1911, p. 17,] Correction of election returns. § 1281a. If it shall appear that tbe returns from any precinct or precincts are incomplete, or ambiguous, or are not properly authenti- cated, or are otherwise defective, the board of supervisors, or canvassing board, or election commission may cause subpoenas to be issued and served, requiring the attendance before it of the election officers of such precinct or precincts, and upon the appearance before it of the election officers or three-fourths of them from any such precinct or pre- cincts, may examine such election officers under oath concerning the manner in which the votes were counted in such precinct at such elec- tion, and the result of such count, and may require such election officers then and there to correct or complete such returns or the authentication thereof so that they shall truly show the votes that were cast in said precinct at such election for each candidate voted for and for or against each proposition voted upon thereat. Nothing herein shall be construed to authorize the opening of ballots except as provided by law. [New section approved June 16, 1913; Stats. 1913, p. 1164.] §§ 1282-1309 POLITICAL CODE. 3S0 § 1282. Citations. Gal. 155/298. Abstract of district election returns. § 1285. When there are officers, other than representatives in con- gress, members of the state board of equalization, and justices of dis- trift court of appeals voted for, who are chosen by the electors of a district composed of two or more counties, each of the county clerks of the counties composing such districts, immediately after making out the statement specified in section 1282, must make' a certified abstract of so much thereof as relates to the election of such officers. [Amend- ment approved May 23, 1913; Stats. 1913, p. 226.] Also amended April 12, 1911 (Stats. 1911, p. 894). Transmitting election returns. § 1286. The clerk must seal up such abstract, indorse it "Election Eeturns" and, without delay, transmit the same by mail or express to the county clerk of the county which stands first in alphabetical ar- rangement in the list of counties composing such district. [Amend- ment approved April 7, 1911; Stats. 7911, p. 705.] Certification of election returns. § 1288. When there has been a general or special election for officers chosen by the electors of the state at large, or for judicial officers (except justices of the peace), or for members of the state board of equalization, or for senators and members of the assembly, each county clerk so soon as the statement of tlie vote of his county is made out and entered upon the records of the board of supervisors, must make out a certified abstract of so much thereof as relates to the votes given or cast for persons for said offices to be filled at such election, together with a statement of the whole number of votes cast in the county as specified in section 1282. Whenever there is a general or special elec- tion held within this state, and any proposed constitutional amendment or proposition to be voted for by the electors of the state at large, each county clerk, so soon as the statement of the vote is made out and entered upon the record of the board of supervisors, must make out a certified abstract of such vote. [Amendment approved May 23, 1913; Stats. 1913, p. 227.] Same. § 1289. The clerk must seal up such abstract, indorse it "Election Returns," and without delay transmit it by mail or express to the secretary of state. [Amendment approved April 7, 1911; Stats. 1911, p. 706.] Same. § 1309. The clerk must seal up such abstract, indorse it "Presidential Election Returns," and without delay transmit it to the secretary of i 381 POLITICAL CODE. §§ 1313-1345 state by mail or express, or in the manner hereinafter prescribed. [Amendment approved April 7, 1911; Stats. 1911, p. 706.] § 1313. Citations. Cal. 160/759. Election of United States senators. § 1332. Elections for senators in congress for full terms must be held at the general election, at which members of the legi^Litiire are elected, next preceding the commencement of the term to be filled. [Amendment approved May 20, 1913; Stats. 1913, p. 237.] Vacancy. § 1333. Elections to fill a vacancy in the term of a United States senator must be held at the general election or any special election held throughout the state next succeeding the occurrence of such vacancy. [Amendment approved May 20, 19K5; Stats. 1913, p. 238.] Abstract of vote for United States senators. § 1334. The clerk of each county, as soon as the statement of the vote of his county at such election is made out and entered on the records of the board of supervisors, must make a certifictl abstract of so much thereof as relates to the vote given for persons for senators in congress. [New section approved May 20, 1913; Stats. 1913, p. 238.] To secretary of state. § 1335. The clerk must seal up such abstract, indorse it "Congres- sional election returns for senator in congress," and without delay transmit it by mail to the secretary of state. [New section approved May 20, 1913; Stats. 1913, p. 238.] Declaration of vote. § 1336. On the sixtieth day after the day of election, or as soon as the returns have been received from all of the counties of the state, if received within that time, the secretary of state must compare and estimate the votes given or cast for such persons for senator, and certify to the governor the person having the highest number of votes in the state as duly elected. [New section approved May 20, 1913; Stats. 1913, p. 238.] Governor's certificate. § 1337. The governor must upon the receipt of such certificate, trans- mit to such person a certificate of his election, sealed with the great seal and attested by the secretarv of state. [New section approved May 20, 1913; Stats. 1913, p. 238.] Same. § 1345. The clerk must seal up such abstract, indorse it "Congres- sional Ekction Keturns," and without delay transmit it by mail or §§ l.j.57-1370 POLITICAL CODE. 382 express to the secretary of state. [Amendment approved April 7, 1911; Stats. 1911, p. 706.] Delegates to be elected at primary elections. § 1357. [Repealed May 1, 1011; 8tats. 1911, p. 1.393.] Citations. Cal. 155/779. Certain terms relating to political conventions defined. § 1358. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Under what control. Expenses. Return. § 1360. [Rcpeale.l May 1, 1911; Stats. 1911, p. 1393.] Parties entitled to designation upon official ballot. Petitions. § 1361. [Keiiealcd May 1, 1911; Stats. 1911, p. 1393.] Citations. Cal. 155/779. When shall be held. § 1362. [Rcjicaled May 1, 1911; Stats. 1911, p. 1393.] Secretary of state to transmit copies of petition. Appoitionment of delegates. Notice. § 1363. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Election officers. Precincts. § 1364. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Ballots. § 136.5. [Ropcale.l May 1, 1911; Stats. 1911, p. 1393.] Qualifications and registration of voters. § 1366. I Repealed May 1, 1911; Stats. 1911, p. 1393.] Citations. Cal. 157/318, 319, 320, 321. § 1366a. Citations. Cal. 155/792; 157/320, 321, 400. Manner of voting. Challenge. § 1367. [Repealed May 1, 1911; Stats. 1911. p. 1303.] Duty of ballot clerk to compare signature of voters. § 1367a. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Legality of conventions. § 1368. [Rejtealed May 1, 1911; Stats. 1911, p. 1393.] List of delegates holding credentials. Duplicate. § 1369. [Ropealc.l May 1, 1911; Stats. 1011, p. 1393.] Penalty for failure to act as primary election officers. § 1370. [Repealed May 1, 1911; Stats. 1911, p. 1393.] 383 POLITICAL CODE. §§ 1371-1489 Election commissioners, who may act. § 1371. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Citations. Cal. 157/319. Where this chapter mandatory. Where optional. § 1372. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Citations. Cal. 157/319, 321. Presidential primary in May. § 1373. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Ballots, preservation of. Contests. § 1374. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Vacancies, additional vote. § 1375. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Citations. Cal. 155/779; 157/319. § 1468. Citations. App. 14/494. Powers and duties of normal school trustees. § 1489. The powers and duties of each board of trustees of the state normal schools of California are as follows: 1. To elect a secretary who shall receive such salary (not to exceed one hundred fifty dollars per annum) as may be allowed by the board; 2. To prescribe rules for their government and the government of the school; 3. To prescribe rules for the reports of officers and teachers of the school and for visiting other schools and institutions; 4. To provide for the purchase of school apparatus, furniture, equip- ment, stationery, and text-books for the use of students; Establish training schools. .5. To establish at their discretion, and maintain model and training schools of the primary and grammar grade, and, in their discretion of the kindergarten grade, and to require the students of the normal schools to teach and instruct classes therein. Establish courses for training school teachers. 6. To establish at their discretion courses for the training of teachers of drawing, music, physical culture, and commercial, technical, or in- dustrial subjects in the elementary and secondary schools of the state and upon the satisfactory completion of these courses to grant diplomas of graduation therefrom. Elect president and teachers. 7. To elect the president of the school, and to elect the teachers, upon their nomination by the president of the school, fix their salaries, and § 1517 POLITICAL CODE. 38^ prescribe their duties; provided, that after the president or a teacher has served successfully and acceptably in the school for the period of two years prior to or after the passage of this act, his or her appoint- ment thereafter may, at the discretion of the board of trustees, he made for a term not to exceed four years, unless removed for cause; Expend moneys. 8. To control and expend all moneys appropriated for the support and maintenance of the school, and all moneys received for tuition or donations; Record of proceedings. 9. To cause a record of all their proceedings to be kept, which shall be open to public inspection at the school; Account of receipts and expenditures. 10. To keep open to jiuMic inspection an account of receipts and ex- penditures; Annual report of transactions. 11. To annually report to the state superintendent of public instruc- tion a statement of their transactions, and of all matters pertaining to the school; President's annual report. 12. To transmit with such report a copy of the president's annual report; Revoke diplomas. 13. To revoke any diploma by them granted, on receiving satisfac- tory evidence that the holder thereof is addicted to drunkenness, is guilty of gross immorality, or is reputedly dishonest in his dealings; provided, that such person shall have at least thirty days' previous notice of such contemplated action, and shall, if he asks it, be heard in his own defense; Exclude students. 14. On recommendation of the faculty and president of the school, to exclude students, who, because of poor scholarship or other evi- dences of unfitness, are judged incapable of becoming successful teach- ers in the public schools of the state. [Amendment approved June 13, 1913; Stats. 1913, p. S09.] State board of education created. Vacancies. § 1517. There is liereby created a state hoard of education to con- sist of seven members, who shall be appointed by the governor and shall hold office for a term of four years; provided, that those members first appointed hereunder shall be appointed within thirty days after the taking effect of this act; one shall be appointed to serve for a -3^5 POLITICAL CODE. § 1518 term of one year; two for a term of two years; two for a term of three years; and two for a term of four years. Thereafter, all ap- pointments shall be for a term of four years. Should any vacancy occur, such vacancy shall be filled by appointment by the governor, the person ao appointed to hold office only for the balance of the period of time that his predecessor in office would have held had no vacancy occurred. No appointive member of the state board shall during his term of office hold any salaried educational position. [Amendment approved June 6, 1913; Stats. 1913, p. 659.] Meeting and organization of board. § 1518. Tlie superintendent of public instruction shall within thirty days after the appointment of the state board of education, as provided for in section 1517 of the Political Code, call a meeting of such board in his office and said board shall organize by electing one of its mem- bers president. Superintendent of public instruction secretary. Duties. The superintendent of public instruction shall be secretary of the board. Such secretary shall have charge of all correspondence and keep a record of its proceedings. The superintendent of public in- struction shall act as the executive officer of the state board of edu- cation. It shall be the duty of the state board of education to deter- mine all questions of policy; it shall be the duty of the superintendent of public instruction to execute under direction of the board the policies which have been decided upon, and to direct, under such general rules and regulations as the state board of education may adopt, the work of all assistant superintendents of public instruction, and such other appointees, and employees of the board as may be provided by law. Meetings. The board shall meet every three months at such time as ^t may by resolution determine, and special meetings may be called by the presi- dent. Upon the request of any two members in writing, the secretary shall call a special meeting. Notice of each meeting shall be given by the secretary bj' registered mail to each member of the board at least ten days prior to the time of any meeting, unless notice of such meeting is waived in writing by all members of the board. Majority may act. The concurrence of the majority of all the members of the state board shall be necessary to the validity of any of its acts. Organization after change in membership. At the first meeting, following any change in the membership of the board, said board shall again organize in accordance with the above provision. [Amendment approved June 6, 1913; Stats. 1913, p. 659.] 25 § 1519 POLITICAL CODE. 386 Powers and duties. § 1519. The powers and duties of the state board of education shall be as follows: Rules and regulatioas. First — To adopt rules and regulations not inconsistent with the laws of this state for its own government, for the government of its ap- pointees and employees, for the government of the day and evening elementary schools, the day and evening secondary schools, the tech- nical and vocational schools of the state and such other schools except- ing the University of California, as may receive in whole or in part financial support from the state. Such rules and regulations shall be published for distribution as soon as practicable after adoption. Attendance of witnesses, etc. Second — To issue subpoenas to compel the attendance of witnesses before the board, or any member thereof, in the same manner that any court in this state may; and whenever the testimony of any witness upon any matter pending before it is material, the president must cause the attendance of the witness before such board, or a member thereof, to testify concerning such matter, and the board may make a reasonable allowance therefor, not exceeding the fees of witnesses in civil cases, which must be paid for out of the appropriation for the contingent ex- penses of tlie board, but in no instance can an allowance be made in favor of a witness who appears in behalf of a claimant. Seal. Third — To adopt and use, in authentication of their acts, an official seal. Assistant superintendents of public instruction. Fourth — To appoint throp assistant su]>erintenilents of public instruc- tion, who jhall noi' be suliject to the provisions of any civil service law of the state, and who shall be known and designated as follows: (a) One commissioner of elementary schools, who shall be experienced in teaching in and supervising elementary schools. (b) One commissioner of secondary schools, who shall be experienced in teaching and who has been principal or supervisor of secondary schools. (c) One commissioner of industrial and vocational education who has had experience as a supervisor of industrial or vocational education. Educational needs of state. Report to governor. (d) The state board of education shall study the educational condi- tions and needs of the state; shall make plans for the improvement of the administration and efliciency of the public schools of the state; shall have power to conduct educational investigations and shall employ educational and business experts, within the limits of its appropriation 387 POLITICAL CODE. § 1519 therefor; shall annually require reports as to the activities of the super- intendent of public instruction and the assistant superintendents, and such other employees as it may direct to report, for submission to the governor, and the same shall submit biennially, to the governor, on or before the fifteenth day of September next preceding the regular session of the legislature, a report of its transactions for the preceding two years, together with recommendations of its needs for the coming bien- nium and such recominemlations as to changes in laws or new educa- tional legislation as may seem to it to be necessary. Certificates to teach in high schools. Fifth — (a) To prescribe by general rule the credentials upon which persons may be granted certificates to teach in the high schools of this state. No credentials shall be prescribed or allowed, unless the same, in the judgment of said board, are the equivalent of a diploma of grad- uation from the University of California, and are satisfactory evidence that the holder thereof has taken an amount of pedagogy equivalent to the minimum amount of pedagogy prescribed by the state board of education of this state, and include a recommendation for a high school certificate from the faculty of the institution in which the pedagogical work shall have been taken. Cases of individual applicants. (b) To consider the cases of individual applicants who have taught successfully for a period of not less than twenty school months, and who are not possessed of the credentials prescribed by the board under the provisions of this section. The said board, in its discretion, may issue to such applicants special credentials upon which they may be granted certificates to teach in the high schools of the state. In such special cases, the board may take cognizance of any adequate evidence of preparation which the applicants may present. The standard of qualification in such special cases shall not be lower than that repre- sented by the other credentials named by the board under the provisions of this section. Life diplomas. (c) To grant life diplomas of four grades, valid throughout the state as follows: (1) High school: Authorizing the holder to teach in any primary or grammar or high school. (2) Grammar school: Authorizing the holder to teach in any primary or grammar school. (3) Kindergarten-primary: Authorizing the holder to teach in the kindergarten class of any primary school. (4) Special: Authorizing the holder to teach in any school such spe- cial branches and in such grades as are named in such diploma. § 1519 POLITICAL CX)DE. 388 Diplomas to persons who hold county certificates. Fee. (d) To issue, except as provided in sections 1503 and 1775 of this code, life diplomas only to such persons as have held for one year, and still hold, a valid county, or city and county, certificate, corresponding in grade to the grade of diploma applied for, and who shall furnish satisfactory evidence of having had a successful experience in teaching of at least forty-eight months. Not less than twenty-one months of said experience shall have been in the public schools of California. Every application must be accompanied to the state board of education by a certified copy of a resolution adopted by at least a three-fourths vote of all the members composing a county, or city and county, board of education, recommending that the diploma be granted, and also by an affidavit of the applicant, specifically setting forth the places in which, and the dates between which, said applicant has taught. The application for any credentials or diploma or document mentioned in tnis chapter must also be accompanied by a fee of two dollars, which fee must be paid into the state treasury to the credit of the appropri- ation for the expenses of the state board of education and used for the purpose of defraying the expense of issuing the credentials, document or diploma. Revocations of life diplomas. (e) To revoke or suspend for immoral or unprofessional conduct, or for evident unfitness for teaching, life diplomas, documents issued under the provisions of sections 1.503 and 1775 of this code, or credentials issued in accordance with subdivision 2 of this section; and to adopt such rules for said revocation as they may deem expeleiit. the city and county superintend- ent, and the city superintendent must each keep an accurate account of the actual expenses incurred by them in holding any teachers' institute whether sciiarato or .ioint, with vouchers for the same; and the county superintendent shall draw his requisition upon the county auditor, who shall draw his warrant on the unapportioned county school fund to pay the expense of the county institute; and the city and county superin- tenileut shall draw his requisition upon tlie city and county auditor, who shall draw his warrant upon the city and county school fund to pay the expense of the city and county institute; and the city superintendent shall present his bill for the expenses incurred by him in holding the city district institute to the city board of education, who shall pay the same from the city school district's countj- fund in the same manner as other claims against the city school district's county fund are paid; provided, that not more than two hundred dollars ($200) shall be paid by each county, city and county, or city school district toward the expense of any joint institute or convention; and provided, further, that not more than three hundred dollars ($300) shall be paid for the expenses of any sep- arate institute held by the superintendent of any county, city and county, or city school district having less than one hundred teachers regularly 405 POLITICAL CODE. § 1566 employed in the elementary and secondary schools of such county, city and county, or city school district; and provided, further, that where the number of teachers regularly employed in the elementary and sec- ondary school of any county, city and county, or city school district exceeds one hundred teachers at the time of holding any separate in- stitute, the superintendent may expend money in addition to the three hundred dollars ($300) hereinbefore provided at the rate of one dollar ($1) per teacher for each teacher in excess of one hundred teachers reguhirly employed at the time of holding such separate institute; and provided, further, that whenever the superintendent of any county, or city and county, or city school district, elects to hold local institutes or the combination of annual institute with local institutes, as provided in section 1560 of the Political Code, he may expend money, in addition to the amount hereinbefore provided for the expenses of any separate in- stitute in his county, or city and county, or city school district, at the rate of five dollars per teacher for each teacher regularly employed at the time of holding the first series of local institutes in any school year; provided, however, that his total expenditures for local institutes shall not at any time in the school year exceed fifty dollars multiplied by the number of local institutes held; and provided, further, that whenever the superintendent holds the combination of annual institute with local institutes, each day of the annual institute shall be considered for pur- poses of expenditure the same as one series of local institutes; and pro- vided, further, that all the expenses of local institutes and of combined annual anl local institutes shall be paid in the same manner and from the same funds as are the expenses of separate and of joint institutes. [Amendment approved June 13, 1913; Stats. 1913, p. 808.] Also amended March 10, 1911 (Stats. 1911, p. 337). Annual school trustees' meetings. § 1566. The superintendent of every county in which there are more than twenty school districts, may hold one trustees' meeting each year, and it shall be the duty of one school trustee of each school district of the county in which said meeting is held to attend the same and participate in its proceedings. The school trustees of each school district shall select the trustee, whose duty it shall be to attend such meeting; and each trustee so selected shall be allowed his actual traveling expenses incurred in going to and returning from such meetings, such expenses to be verified by the county superintendent of schools. In any county in which there are less than twenty school districts, the county superintendent may in his discretion hold a meeting as pro- vided in the preceding section when directed by the county board of education. Each session of the trustees' meeting shall continue one day. The county superintendent shall draw his requisition on the county auditor who shall draw his warrant on the unapportioned county school fund to pay the expenses of holding the trustees' meetings. §§ 1576, 1576a political code. 406 The superintendent must notify each trustee of the county at least ten days prior to the calling of such trustees' nneeting of the time and place of holding such meeting. [New section approved March 10, 1911; Stats. 1911, p. 342.] Each city separate school district. Annexation of territory. Deemed part of city for election purposes. § 1576. Every city or incorporated town, except cities and towns of the sixth class, unless subdivided by the legislative authority thereof, shall constitute a separate school district, which shall be governedi by the board of education or board of school trustees of such city or incorporated town; provided, that whenever a city or town shall be incorporated, except a city or town of the sixth class, the board of supervisors of the county may annex thereto, for school purposes only, the remainder, or any part of the remainder, of the district or districts from which such city or incorporated town was organized, whenever a majority of the heads of families residing therein, shall petition for such annexation; and provided, further, that the board of supervisors may include more territory than the remainder of the district or districts from which the city or incorporated town was organized, whenever a petition for such purpose is presented to them, signed by a majority of the heads of families residing in such additional territory. When said remainder or part thereof, or said additional outside territory, has been annexed to said city or incorporated town, it shall be deemed a part of said city or incorporated town for the purpose of holding the general municipal election, and shall form one or more election precincts, as may be determined by the legislative authority of said city or incor- porated town, tlie qualified electors of which shall vote only for the board of education, or the board of school trustees; and such outside territory shall be deemed to be a part of said city or incorporated town for all matters connected with the school ilepartment thereof, for the annual levying and collecting of the property tax for the school fund of said city or incorporated town; and for all purposes specified in sections 1880 to 1888 of this code, inclusive; provideii, however, that the last assess- ment-roll made by the county assessor shall be the only basis of taxation for such school district on the property outside the corporate limits so annexed for school purposes. [Amendment approved June 6, 1913; Stats. 1913, p. 401.] Also amended May 1. 1911 (Stats. 1911, p. 1340). Citations. Cal. 156/417, 418. 420; 157/615, 725, 727. Clerk for district trustees. Salary. § 1576a. Ill any school district organized under the preceding section, and wliich is also a high school district, and which districts are goverued by a board of school trustees, and which districts have an average daily attendance in the elementary school district of at least eight huiidreproved May 19, 1913; Stats. 1913, p. 209.] Estimate for maintaining high school. Pupils outside of district. § 1756. It shall be the duty of every high school board to make and file with the board of supervisors of each county in which any part of their high school district is situated, on or before the first Monday of September of each year, an estimate of the amount of money required for maintaining the high school for the current school year, including rent or construction of temporary quarters, if any, or additions to plants already constructed. The first such estimate after the forma- tion of such district shall also, if temporary quarters have been secured for the high school, include the amount of money required to provide the necessary furniture and apparatus for such temporary quarters. Every couhty board of education acting as trustees of a county high school shall annually make and file with the board of supervisors of their county the estimate required by this section, and an estimate of the amount needed for the current year to pay for the education of all high school pupils residing in such county outside of a high school dis- trict and attending a high school in another county, such estimate to be based upon the report of the superintendent of schools of such adjoining 447 POLITICAL CODE. § 1758 county provided for by section 1758 of this code. Should the trustees of any county high school, or the high school board of any high school distri&t fail to make the estimate provided for by this section, it shall be the duty of the superintendent of schools of the county, or having juris- diction over such high school district, to make and file such estimate on or before the second Monday of September. [Amendment approved May 19, 1913; Stats. 1913, p. 210.] Also amended April 26, 1911 (Stats. 1911, p. 1137). Tax for tuition of nonresident pupils. Net cost. § 1758. For the jiuriiose of defraying the cost of educating high school pupils residing iji any county and not in any high school district, a special tax shall be annually levied by the board of supervisors of each county in which there is nfl county high school upon all property in the county not situated in any high school district, in the manner hereinafter provided. Every superintendent of schools to whom any report is made under section 1743, shall verify each such report as to the new pupils therein mentioned as attending high school and residing in his county but not in any high school district, and shall compile a report showing the total number of such high school pupils residing in his county outside of any high school district, the net cost of edu- cating each of such pupils, the total net cost for all of such pupils, and the total net cost to each high school district for all of such pupils attending therein; to be determined as hereinafter provided. The net cost in any year of educating a new pupil attending a high school and not residing in any high school district shall be the excess, if any, of the total cost for such year, of educating each high school pupil of the district maintaining such high school over the amount per pupil paid by the state to such high school district for that year. If it shall appear to a superintendent of schools by the reports of the principals in the several high schools of his county that pupils living in an ad- joining county are attending high school in his county, then said super- intendent of schools shall compile a report showing the names of said pupils, the county from which they came and the net cost of educating each and the total cost of educating all of such pupils. Said report shall be forwarded by registered mail to the superintendent of schools of the county from which such pupils attend, to be by said superin- tendent of schools to whom such report is sent filed with the board of supervisors of such county on or before September first of each year. The cost of educating each high school pupil of any high school district shall be determined by dividing the total amount expended by the high school district for maintaining school during any school year, by the average daily attendance of pupils enrolled in the high schools of the district during the same school year. The amount paid per pupil by the state to any high school district in any one year shall be determined by dividing' the high school district's income from the state high school fund for that year, by the average daily attendance of pupils enrolled § 1759 POLITICAL CODE. 448 in the high schools of the district for that year. [Amendment approved April 22, 1913; Stats. 1913, p. 51.] Also amended April 26, 1911 (Stats. 1911, p. 1138), and May 1, 1911 (Stats. 1911, p. 1337). Levy and appointment. § 1759. Not later than the first Monday in September of each year the superintendent of schools of each county in which there is not a county high school shall certify to the boarc of supervisors and to the county auditor of such county, the total net coet, for the preceding year, of educating all high school pupils residing in such county and not in any high school district and the estimated amount needed for that pur- pose for the current year. The board of supervisors with whom such certificate is filed must, at the time of making the tax levy for that year for county purposes, levy a si)ecial ta.x upon ail taxable property in the county not situated in any high school district, sufficient in amount to defray the net cost, for the current year, of educating all high school pupils residing in such county and not in any high school district. If it shall appear by the report of the superintendent of schools that pnpils residing in one are attending high school in another county, the super- visors of the county in which said pupils live shall levy a tax as is provided by this section to pay the cost of educating such pupils. If the board of supervisors fail to make such tax levy the auditor of the county must make the same. Said tax wlicn collected shall be paid into the county treasury and placed in a fund to be known as the high school tuition fund. The auditor shall, not later than the last Monday in December and the last Monday in May of each year, notify the superin- tendent of schools of the amount in such fund, and the superintendent of schools shall thereupon apportion the same to the several high school districts having territory in his county, or to high schools in adjoining counties as provided above, in proportion to the total net cost to each of said districts of educating its high school pupils who reside in his county outside of any high school district, as shown in his report for the preceding school year compiled as directed in section 1758, and certify such apportionment to the auditor. The amount so apportioned to each high scliool district shall be paid into the treasury of the county whose superintendent of schools has jurisdiction over such high school district, to the credit of the special fund thereof and shall be used to maintain the high school, and paid out in the same manner as other high school funds. The superintendent of schools of a county having high school pupils attending high school in an adjoining county shall draw his order on the county auditor in favor of the superintendent of schools in which such pupils attend school, for any money belonging to any high school outside of his county as provided in this section. The county auditor of said county shall draw his warrant as directed by the superintendent of schools and the county treasurer shall pay the same. A superintendent 449 POLITICAL CODE. §§ 1760-1791 of schools in whose favor such order is drawn shall pay the amount of said money into the county treasury to the credit of the high school or schools educating the children from the county paving such money. [Amendment approved April 26, 1911; Stats. 1911, p. '1139.] State high school fund. § 1760. It shall be the duty of the state controller, annually, between tlie tenth day of August and the first day of September, at the time he is required to estimate the amount necessary for other school purposes, to estimate the amount necessary for the support of high schools. This amount he shall estimate by determining the amount required at fifteen dollars per pupil in average daily attendance in all the duly established high schools of the state for the last preceding school year, as certified to him by the state superintendent of public instruction. The state controller and state treasurer shall each year transfer from the revenues from the taxes provided in section 14 of article 13 of the constitution of the state of California, together with all other state revenues, to a sepa- rate fund, hereby created, to be called the "state high school fund," the amount so estimated by the state controller. [Amendment approved May 1, 1911; Stats. 1911, p. 1246.] § 1771. Citations. CaL 163/350. Powers of boards of examination for teachers. Applicants for special certificates. Recommend revocatirti of certificate fo» unprofessional conduct. § 1791. Each city, or city and county, board of examination has power: First — To adopt rules and regulations, not inconsistent with the laws of this state, for its ow^n government and for the examination of teachers. Second — To examine applicants, and to prescribe a standard of pro- ficiency which may entitle the person examined to receive: (a) A city, or city and county, grammar school certificate, valid for six years, authorizing the holder to teach any primary or grammar school class in such city, or city and county; (b) a city, or city and county, special certificate, valid for six years, authorizing the holder to teach such special subjects in any school of the city, or city and county, and in such grades as are designated in such certificate. Applicants for special certificates by examination or any credentials, or by both, shall satisfy the board of their special fitness to teach one or more of the particular studies for which special certificates may be granted; and shall satisfy the board of their proficiency in English grammar, orthography, defining and methods of teaching. No special certificates shall be granted to teach in anj' school studies other than drawing, music, physical culture and commercial, technical or industrial work; 29 §§ 1793-1817 POLITICAL CODE. 450 provided, however, the board may grant such special certificates as will authorize the holders thereof to teach one or more of the languages taught in cosmopolitan schools, said special certificates to entitle said holders to teach only in such cosmopolitan schools. Applicants for such special certificates shall satisfy the board of their special fitness to teach such language or languages, and their proficiency in English grammar, orthography, defining and methods of teaching. The board of examination shall report the result of the examination to the city, or city and county, board of education; and said board of education shall thereupon issue to the successful applicants the certificates to which they shall be entitled. Third — For immoral or unprofessional conduct, profanity, intem- perance, or evident unfitness for teaching, to recommend to the city, or city and county, board of edvication, the revocation of any certificates previously granted by said board of education in such city, or city and count}'. [Amendment approved June 13, 1913; Stats. 1913, p. 792.] Citations. Cal. 161/213. App. 12/675. Where holders of certificates may teach. Dismissal. City superintend- ents. Special certificates. § 1793. (1) The holders of city, or city and county, certificates are eligible to teach in cities, or cities and counties, in which such certifi- cates were granted in schools or classes of grades corresponding to the grades of such certificates and when elected shall be dismissed only for insubordination or other causes, as mentioned in section 1791 of this code, duly asc^tained and approved by the boards of education of such cities, or cities and counties. (2) City superintendents of public schools, elected by city boards of education, shall be elected for a term of four years, and said city boards of education shall have full power to fix the salary of all employees. (3) The holders of special city, or city and county, certificates are eligible to teach the sj>ocial branches mentioned in their certificates, in the grades of all the schools in the city, or city and county, in which such certificates were granted, corresponding to the grade of said special certificates, and when elected, or assigned, shall be dismissed or removed only for insubordination or other causes, as mentioned in sec- tion 1791 of this code, duly ascertained and approved by the boards of education of such cities, or cities and counties. [Amendment approved April 18, 1911; Stats. 1911, p. 941.] Citations. Cal. 161/213. App. 12/675, 677. County superintendent to estimate school fund needed. § 1817. The county superintendent of every county, and of every city and county, must, at least fifteen days before the first day of the month in which the board of supervisors of such county, or city and county, is required by law to levy the amount of taxes required for county, or city and county purposes, to furnish to the board of supervisors and to 451 POLITICAL CODE. § 1837 the auditor, respectively, an estimate in writing of the minimum amount of county or city and county school fund needed for the next ensuing school year. This amount he must compute as follows: First. — The county superintendent of every county and of every city and county must ascertain in the manner provided for in subdivisions 1 and 2 of section 1858 of the Political Code, the total number of tenchers for the county, or the city and county. Second. — The county superintendent of every county and of every city and county must calculate the amount required to be raised at five hundred and fifty dollars per teacher. From this amount he must de- on the retired list and withdrawn from active service and command with the rank held by him at the time such application is made. And any commissioned officer who shall have at any time heretofore served as such in the militia or national guard of this state for a period of eight years, shall, upon his own applica- tion and due proof of such service, be placed uj>on the retired list with the rank held by him at the time of the expiration of his com- mission. Upon apjplication as above j)rovi(led being duly made an«i| approved, the coniiiiander-inchicf shall cause orders to be issued retir- ing the officer who makes application therefor, in accordance with the provisions of this section; provideil, however, that nothing herein con- tained shall be construed to permit the placing upon the retired list of any officer who shall have been dishonorably dismissed from the ser- vice. Duties of retired officers. (4) The officers on the retired list shall only be subject to detail for duty by orders from the commander in chief ; and he shall cause to be issued sucli orders as he may deem necessary, detailing them for duty upon boards of officers for military purposes, courts-martial, and courts of inquiry, and for such other military duties as, in his judg- ment, may be advisable. When, however, officers on the retired list are detailed for active duty other than upon boards of officers, courts-mar- tial, and courts of inquiry, they shall only be entitled to pay of the rank which properly belongs to the olli.e, the duties of which they 469 POLITICAL CODE. §§ 1966-1980 are detailed to perform. When the duty ends, or the detail is can- celed, tiie officers shall again return to the retired list with their former retired rank. A roster of all officers on the retired list shall be kept in the adjutant general's office. May return to active service. (5) Officers on the retired list may return to the active list by ap- pointment or election, and when such term of appointment or election shall cease, may, upon application, be returned to the retired list with the rank previously held by them on said retired list; provided, how- ever, that when an officer has been taken from the retired list by election or appointment, and shall have served more than one term thereafter on the active list, he may be returned to the retired list with the rank then held by him on the active list. Kajik of retired officers. (6) Officers on the retired list shall, on all occasions of duty, and all occasions of ceremony, take rank aext to officers of like rank upon the active list. [Amendiueut approved June 16, 1913j Stats. 1913, p. 1113.] Persons not to be registered in different counties at same time. § 1966. [Repealed June 10, 1913; Stats. 1913, p. 1101.] Who may enlist. Term. Musicians. § 1980. Any male who is a citizen of the United States or has legally declared his intention to become a citizen, of more than eighteen and less than forty-tive years of age, able-bodied, free from disease, of good character and temperate habits, may be enlisted in the national guard of this state, under the restrictions of this state, for a term of not less than three j'ears; provided, that any man having served one enlistment satisfactorily in the national guard of this state, or in the United States army or navy, may re-enlist for one, two, or three years at his option; and provided, further, that boys may be enlisted as musicians if more than sixteen years of age. No minor shall be enlisted without the written consent of his parent or guardian. A man who has been expelled or dishonorably discharged from any mili- tarj' organization of the state or the United States shall not be eligible for enlistment or re-enlistment unless he produce the written consent to such enlistment of the commanding officer of the organization from which he was expelled or dishonorably discharged. Men who have been dis- charged by reason of disbandment may be enlisted and shall then re- ceive credit for the period served at the time of such disbandment. Chief musicians, principal musicians, and drum majors, members of the hospital corps, and musicians mav be enlisted as such. [Amendment approved March 9, 1911; Stats. 1911, p. 327.] § 1985 POLITICAL CODE. 470 Honorable discharge. Dishonorable discharge. § 1985. An honorable discharge shall be issued under the following circumstances: viz., to a man who has faithfully performed his duties during his term of service as required by the conditions of his enlist- ment or re-enlistment, or during his total service, and who has been law- fully relieved of all responsibility for public property issued to him, and from all accountability to his organization. Unless unavoidable circumstances intervene such discharge will be furnished an enlisted man at once upon the expiration of his term of gervice, which term will date from the taking of the oath of enlistment or re-enlistment. Proper steps shall be taken in due time for the settlement of the en- listed man's accounts and responsibility for property, and forwarding the necessary papers so as not to withhold the discharge after it is due. Any enlisted man may be honorably discharged before the expiration of his term of service by order of the commanding ofiBcer of a regiment of the coast artillery corps, of the naval militia, or unattached bat- talion or squadron, or, if a member of an unattached company or troop, by the brigade commander or the commander-in-chief, upon the recom- mendation of his commanding officer, for any of the following reasons: To accept promotion by coniniission; Upon removal of residence from the state, or out of the bounds of the command to wliich he belongs to so great a distance that, in the opinion of the commanding officer, he cannot properly perform his military duty; Upon disability established by the certificate of a medical officer; At the discretion of the officers authorized to issue discharges upon the recommendation of the company, troop, or other immediate com- mander, when the man seeking di.'^chargc shall make application afid furnish satisfactory proof under oath that further service in the national guard will entail great loss and unusual hardship upon him. Discharge for such reasons shall not be granted when a man is ordered into active service, or until he shall have served one year of the term of enlistment in force at the time of his application for such discharge. To a man rendered supernumerary by the reduction of the organiza- tion of which he is a member; or who is a member of an organization which may he disbanded. .\ dishonorable discharge shall be issued: To a man sentenced by a general court-martial to be discharged; To a man convicted of a felony in a civil court; To a man for neglecting or refusing to pay any fine imposed by a mili- tary court within thirty days after it was imposed. A discharge without honor may be issued: By sentence of a general or summary court-martial; Whenever the commanding officer of a company shall approve the application of two-thirds of the members of the company for the dis- charge of an enlisted man thereof; provided, that at a regular meeting of the company, or at a meeting called for that purpose, two-thirds of 471 POLITICAL CODE. §§ 2008-2011 the members of the company desire by vote the discharge of one of their members; To a man whose immediate commanding officer applies for his dis- charge without honor. The application for' such discharge shall be . directed to the officer authorized to issue it, and shall briefly state the grounds on which the discharge is applied for. The man whose dis- charge is applied for shall be entitled to be heard in person to explain the statements contained in the application and shall have ten days' notice of such hearing, a copy of the application, and of the notice of time and place of hearing, shall be served on the man in the same manner as warnings for duty are given. If the officer authorized to issue the discharge approves of the application of the immediate com- manding officer after the conclusion of the hearing above provided for, he will issue the discharge, and if he disapproves, the man will not be discharged; The officers authorized to issue discharges may, also, upon application of company commanders, discharge without honor, if convinced after proper investigation that such discharge should be issued, any enlisted man who habitually absents himself from the drills and instructions of his organization, or has shown a lack of interest in his military work sufficient to warrant the same; Or any enlisted man may be discharged for the good of the service by the commanding officer of the regiment, coast artillery corps or un- attached battalion or squadron, or if a member of an unattached com- pany or troop, by the brigade commander, or in other instances by the commander-in-chief, upon the recommendation of a company or troop commander and after a careful investigation by the officer issuing the discharge. The officers authorized to issue the discharges hereinbefore specified are: The commanding officer of a regiment, or of a battalion or squad- ron not part of a regiment or the coast artillery corps; the commanding officer of a brigade for any organization attached to the brigade and not above specified; the commanding officer of the naval militia, and the commander-in-chief. [Amendment approved March 9, 1911; Stats. 1911, p. 328.] Annual inspection. § 2008. The entire national guard and naval militia shall be in- spected at their home stations at least once in each year; provided, however, the inspection made by the United States government, through its army and navy officers, may be accepted by the commander-in-chief in his discretion as and for the state and no other inspection ordered for that year. [Amendment approved March 9, 1911j Stats. 1911, p. 329.] Service "medal. § 2011. The state shall provide a service medal or bar of appropriate design and material, to be issued for ten, fifteen, twenty, and twenty- §§2076,2077 political code. 472 five years of service on the active list of the national guard. There shall be no other or rlififerent medals or bars for such service. Such medals or bars shall be prepared and issued free of cost to those en- titled to same, by the adjutant general, only upon application of the party entitled thereto, and upon proof of such service from the records, of the national guard. [Amendment approved March 9, 1911; Stats. 1911, p. 330.] Pay of officers and men. § 2076. Officers while on active duty in the service of the state shall receive the same pay and allowance as officers of similar grade in the United States army and United States navy. Enlisted men while on active dut}' in the service of the state shall receive two dol- lars per day; provided, that no pay shall be allowed to any officer or enlisted man when on duty in any state camp mentioned in section 2005 of the Political Code of the state of California; and in any camp field in pursuance of orders from the commander-in-chief there shall be allowed for each mounted officer and enlisted man one dollar and fifty cents per ilay for the horse necessarily used by him at such camp; provided, further, that all enlisted men in attendance at joint-maneuver cami)s of the national guard and United States army and all enlisted men of the naval militia while on an annual cruise of instruction in pursuance of the oriiers of the commander-in-chief shall receive one dollar per day in excess of the government pay per day at such camp or for such cruise of instruction; provided, that the time for which pay is allowed naval militia men on such cruise shall not exceed fifteen days in any one year; and provided, further, that officers of the national guard on duty in the adjutant general's department when called into active service by competent authority shall receive the same pay and allowance as officers of similar grade of the United States army. In case the legislature does not appropriate sufficient money to pay one dollar j)er day to each enlisted man participating in joint maneuvers or cruises for instruction, then the money actually appro- priated shall be apportioned among, and paid pro rata, to the enlisted men participating, upon estimate made by the adjutant general in ad- vance of such apportionment and payment. [Amendment approved June 16, 1913; Stats. 1913, p. 1114.] Traveling expenses. § 2077. Whenever an officer of the national guard is detailed for special duty in any matter relating to the national guard, by order of the commander-in-chief, or by order of the brigade, regimental, battal- ion or squadron commander, on approval of the commander-in-chief, he shall be allowed three dollars per day and actual traveling expenses. An enlisted man similarly detailed shall be allowed two dollars per day and actual traveling expenses. Whenever an officer of the United States army or navy, detailed by the war or navy department for service with the national guard of California, is detailed by the commander-in-chief 473 POLITICAL CODE. §§2078,2079 of this state for special duty involving travel not specially directed by the war or navy department, said officer shall be allowed his actual traveling expenses, but no per diem. [Amendment approved June 16, 1913: Stats. 1913, p. 1115.] For officers' uniforms. § 2078. All officers shall receive at the conchision of each fiscal year the sum of twenty-five dollars to assist in uniforming and equipping themselves, provided they have served as such the entire twelve months comprising such fiscal year, and if not, then such proportion of said sum as the time served bears to said year; provided, further, that per- sonal aids-de-eamp of the commander-in-chief shall not receive such allowance except those detailed from the active list. [Amendment ap- proved March 9, 1911; Stats. 1911, p. 330.] Armory rent, caxe of arms, incidentals, etc. § 2079. There must be audited and allowed by the adjutant general and paid out of the appropriation for military purposes, upon the warrant of the state controller, to the commanding officer of each infantry, coast artillery, and engineer company of the national guard, and each division of the naval militia, except the engineer division of the naval militia, the sum of one hundred dollars per month; to the commanding officer of each field hospital, one hundred and twenty-five dollars per month; to the commanding officer of each ambulance com- pany, one hundred and fifty dollars per month; to the commanding officer of each machine gun company, company of signalmen, troop of cavalrj-, battery of field artillery, and of the engineer division of the naval militia the sum of two hundred dollars per month; provided, that in case machine gun platoons or detachments are organized instead of full machine gun companies, that said platoons or detachments shall receive that proportion of the monthly allowance herein provided for a full machine gun company, that the said platoon or detachment in numbers of personnel bears to said company; the sum so paid to be used for armory rent, care of arms, and proper incidental expenses of the company, troop, battery, field hospital or division. There shall be allowed, audited, and paid out of the same appropriation, to the com- manding officer of each brigade the sum of two hundred dollars per month; to the commanding officer of each regiment, and of the naval militia, and to the chief of coast artillery the sum of one hundred and fifty dollars per month; to the commanding officer of each separate bat- talion or separate squadron the sum of fifty dollars per month; the sums so paid to be used for rent of headquarters, clerical expenses, stationery, printing, postage and proper incidental expenses of the commanding offi- cer of the organization for which said sums are audited, allowed and paid. If any regiment, the naval militia or the coast artillery corps, or separate battalion or separate squadron shall have attached to it a uniformed and organized band of not less than twenty-eight people, to the commanding officer of such regiment, naval militia, artillery corps. §§2080-2106 POLiTic.vL CODE. 474 separate battalion or separate squadron, the additional sum of seventy- five dollars per month for such band; to the surgeon general and the chief surgeon the sum of twenty-five dollars each per month for rent and proper incidental expenses; and to the adjutant general the sum of ten thousand dollars per annum, to be expended by him in promoting target practice. There must be audited and allowed by the adjutant general, and paid out of the appropriation for military purposes, to the medical officer in charge of each detachment of the medical department on duty with a regiment, with the signal corps, cavalry, field artillery, with the coast artillery, and the chief surgeon of the naval militia, the sum of fifty dollars per month, for rent and proper incidental expenses of such detachment. No claim shall be allowed under the provisions of this section except upon demand made quarterly in duplicate, signed and sworn to by the officer claiming the same, before any officer of the national guard, or notary public, and forwarded through the headquar- ters of the regiment, coast artillery corps, separate battalion, separate squadron, or separate company, or naval militia, with the approval of each commanding officer through whose headquarters they are required to pass, direct to the adjutant general; provided, that the adjutant general may make exi)enditures at any time for the promotion of target practice out of the appropriation for that purpose herein provided for. [Amendment approved June 16, 1913; Stats. 1913, p. 1115.J Also aniendod March 9, 1911 (Stats. 1911, p. 330). AUowajQce to each company, etc. § 2080. The sum of two hundred and fifty dollars shall be audited bv the adjutant general and annually paid out of the appropriation for military purposes, to each company, troop, battery, field hospital and ambulance company of the national guard, and to each division of the naval militia. Tiie amount so audited and allowed shall be paid to the commanding officers of such organizations for the use thereof. [Amend- ment approved June Ifi, 1913; 8tats. 1913, p. 1116.] Also amended March 9, 1911 (Stats. 1911. p. 330). Claims exempt. § 2085. C laims audited and allowed as provided in this chapter are excmj)t from the provision of article 18 of the Political Code. [Amend- ment approved March 9, 1911; Stats. 1911, p. 331.] Oaths. § 2106. Oaths required in any matter connected with the military ser- vice may bo administered and certified by any duly commissioned offi- cer of the national guard of California, or other officer authorized to administer oaths under the laws of the state of Californi.T, and no charge shall be made for the same, [.\mendment approved June 16, 1913; Stats. 1913, p. llltJ.J 475 POLITICAL CODE. §§2111,2112 Naval militia. § 2111. The organized naval militia of California, if authorized, shall consist of not more than twelve divisions, including one engineer divi- sion. The naval militia shall be located throutrhout the coast of the state at the discretion of the commander-in-chief. The word "division" as used in this chapter in connection with the naval militia shall have the same meaning and effect as "company" when used in connection with infantry and the word "battalion" as used in this chapter in con- nection with the naval militia shall have the same meaning and effect as "battalion" when used in connection with infantry. The several divisions of the naval militia shall be organized into battalions of not less than four divisions to each battalion and divisions shall be assigned to the various battalions at the discretion of the commander-in-chief. [Amendment approved June 16, 1913; iStats. 1913, p. 1118.] Strength, rank, officers, etc., of naval militia. Line officers. § 2112. (1) The numerical strength, rank, titles, and insignia of rank of the divisions of the naval militia shall conform to the laws, rules and regulations of the United States navy, so far as the same may be effectively applicable. The naval militia shall be commanded by a cap- tain. There shall also be the following additional commissioned officers, viz., one commander, and one lieutenant commander for each battalion of the naval militia who, in order of rank, in the absence or disability of the superior, shall perform his duties and shall at all times assist the commanding officer in the performance of his duties; one chief engineer, with the rank of lieutenant commander; one lieutenant commander and navigating officer, one lieutenant and ordnance officer, one lieutenant and aid to the commanding officer of the naval militia who shall be* subject to such detail as the commanding officer may designate; one lieutenant and equipment officer; one lieutenant (junior grade) and assistant navigating officer; one lieutenant (junior grade) and assistant ordnance officer, one lieutenant (junior grade) and assistant equipment officer, one ensign and signal officer. The lieutenant commanders shall command the respective battalio"ns and shall perform such other duties as may be prescribed by the commander-in-chief. There shall also be the following chief warrant officers, who shall rank with and after an ensign; one chief boatswain, one chief machinist, one chief carpenter, one chief gunner. The chief warrant officers shall be appointed by the commander-in-chief upon the recommendation of the commanding officer of the naval militia and shall receive from the commander-in-chief a commission in the same form as commissioned officers of the naval militia. When more than one vessel is loaned by the United States government to the state of California for the use of the naval militia there may be for each such additional vessel one lieutenant (junior grade) and passed assistant engineer, who shall be appointed by the commander-in-chief upon the recommendation of the commanding offi- cer of the naval militia. All the above officers shall be line officers. The captain, commander, and lieutenant commanders shall be elected to § 2112 POLITICAL CODE. 476 hold office as prescribed in this chapter for officers of similar grades of regiments of infantry. All other of the above-named officers shall be appointed by the commander-in-chief upon the recommendation of the commanding officer of the naval militia and shall hold office as prescribed in this title for officers of similar grades of regiments. All elections for officers in the naval militia shall be ordered by the com- mander-in-chief. Chaplain. Division. Elected officers. Pay department. Medical de- partment. Warrant officers. Organization of naval militia. In- spectors. Courts-martiaL Band. (2) There may also be a chaplain, who shall be of the same grade and rank as in the United States navy and who shall be appointed by the commander-in-chief upon the recommendation of the commanding officer of the naval militia. Each division of the naval militia shall be commanded by a lieutenant, and shall include a lieutenant (junior grade), two ensigns, and not less than fifty-eight nor more than one hundred petty officers and seamen. The commissioned officers of each division shall be elected in the same manner and hold office as prescribed in this title for company officers of the national guard. Officers of the naval militia may be retired as provided in section 1963 of this chapter. The lieutenant and lieutenant (junior grade) of the engineer division shall each hold the grade of jiassed assistant engineer, and the ensigns ot the engineer division shall each hold the grade of assistant engineer. All engineer officers shall be recognized engineers or machinists of at least two years' standing. The pay department of the naval militia shall consist of one payin:tster with the rank of lieutenant, one passed assistant paymaster with the rank of lieutenant (junior grade), and one assistant payninster with the rank of ensign, who shall be staff officers appointed by the commander-in-chief upon the recommendation of the commanding officer of the naval militia, and hold office as prescribed for otlicers of similar grades of regiments. The medical department of the naval militia shall be allowed the following commissioned officers, viz.. one chief surgeon, with the rank of lieutenant commander; one surgeon with the rank of lieutenant, and there may be to each division of the naval militia one assistant surgeon with the rank of lieutenant (junior grade). The appointment of the commissioned officers of the medical department of the naval militia shall be made by the commander-in- chief upon the recommendation of the commanding officer of the naval militia; provided, that no person shall receive the appointment as an officer of the medical department of the naval militia unless he is a licensed graduate of a medical school. Except as otherwise provided in this chapter, all officers in the naval militia, except commissioned officers of the medical department, prior to being commissioned conse- c|uent upon an election or appointment, shall be subject to examina- tion as to qualification and general fitness for the service by a board of officers to be detailed by the cOMiniiiirder-in-ohief. The warrant officers, chief petty oQicers, and petty officers of the naval militia shall be the 477 POLITICAL CODE. § 2154 same as. in the United States navy and of such numbers as the exigen- cies of the service may require. Warrants for warrant officers may be issued by the adjutant general upon recommendation of the com- manding officer of the naval militia. Chief petty officers and petty offi- cers shall be appointed by the commanding officer of the naval militia. The organization of the naval militia shall conform generally to the provisions of the laws of the United States; and the system of disci- pline and exercise shall conform, as nearlj' as may be, to that of the navy of the United States, as it is now, or may hereafter be, prescribed b^' congress, and that prescribed by the provisions of the Political Code relating to the national guard of California; and the commander-in-chief shall have power to alter, divide, annex, consolidate or disband the naval militia, whenever in his judgment the efficiency of the state forces tvill thereby be increased, and he shall have power to make such rules and regulations as may be deemed proper for the use, government, and instruction of the naval militia, but such rules and regulations shall conform as nearly as practicable to those governing the United States navy. The commander-in-chief is authorized to apply to the Presitient of the United States for the detail of commissioned and petty officers of the navy to act as inspectors and instructors in the art of naval warfare. Summary courts-martial for the naval militia, when necessary, shall be ordered by the commanding officer of the naval militia, and general courts-martial for the naval militia, when necessary, shall be ordered by the commander-in-chief, and shall be organized and con- ducted under the laws, regulations and usages of the United States navy, and the provisions and sections relating to military courts in this chap- ter. The proceedings shall be reviewed and sentence executed as pro- vided in this chapter. Vessels loaned by the United States government to the state of California for the, use of the naval militia, shall be com- manded by the ranking line officer resident at the port to which such vessel is assigned. The commanding officer of the naval militia is authorized to enlist and organize a band of not less than twenty-eight enlisted men, and there shall be allowed, audited and paid to the com- manding officer of the naval militia for the purchase and care of in- struments, music and the proper incidental expenses of the said band, the sum of seventy-five dollars per month to be audited, allowed and paid as similar allowances are audited, allowed and paid to similar organizations of the national guard. [Amendment approved June 16, 1913; Stats. 1913, p. 1118.] Also amended March 9, 1911 (Stats. 1911, p. 331), Salaries of hospital officers. § 2154. Salaries of resident and other officers and wages of the em- ployees must be included in the monthly estimates and paid in the same manner as other expenses of the state hospitals. The medical super- intendents, the assistant physicians, secretaries to medical superintend- ents, and stewards, and their families, must be furnished room, § 2167b POLITICAL CODE. 478 household furniture, laundry service, drugs when ill, provisions, fuel and lights at and from the supplies of the hospital. But separate accounts must be kept of the,5ame. The word family shall be regarded as mean- ing only the wife and minor children of said officers. [Amendment approved March 14, 1911; Stats. 1911, p. 359.] Psychopathic parole act. § 2167b. This act shall be known as the psychopathic parole act and shall apply to persons mentally sick and bordering on insanity but not dangerously insane. Office may be created by supervisors. 1. The offline of psychopathic probation officer may be created in any county in this state by the board of supervisors thereof. The psycho- pathic probation officers and deputy psychopathic probation officers to serve hereunder shall be nominated and appointed by the judge of the superior court by written order entered in the minutes of said court. The term of office of the psychopathic probation officers and dep^.ity psychopathic probation officers shall be during the pleasure of the court and may at any time be removed by said court in its discretion. Such psychopathic offif-ers shall devote their entire time and attention to the duties of thoir office. It shall be the duty of the clerk of said court before any mentally sick or insane person is brought before the court under the provisions of this act to notify one of the probation officers of said court. Duties. 2. The said psychopathic probation officer shall inquire into the ante- cedents, character, family history, environment and superinducing cause of the mental sii'kness or insanity of every alleged mentally sick or insane person brought before the court and shall make his report to the judge thereof, in writing or verbally in open court or in chambers as directed by the .iudge of said court. Every psychopathic probation offi- cer, assistant psychopathic probation officer and deputy psychopathic probation officer shall have the powers of peace officers at any time at his or her discretion; such officer may bring any mentally sick or insane person committed to the care of such psychopathic probation offi- cer before the court for such further other action as the court may deem proper. Probation officers. Salary. 3. In each county where the office of psychopathic parole officer has been created under the provisions of this act. the judge of the superior court shall have power to appoint two psychopathic probation officers, ana as many dejtuties as may be convenient or necessary may from time to time be appointed by tlie judge of the superior court; and, provid- ing, further, that such deputies shall serve without compensation. Each of said psychopathic probation officers shall receive such salary as may 479 POLITICAL CODE. § 2167b be flcterminerl upon by the board of supervisorg, and the salaries of such psyehopatliic probation officers shall be paid out of the county treasury of the county of whicli they are appointed respectively and in the same manner as county officers. Expenses. 4. The psychopathic probation officers and deputy psychopathic pro- bation officers shall be allowed such necessary incidental expenses as may be authorized by the judge of the superior court and the same shall be a charge upon the county in which the court appointing them has jurisdiction and said expenses shall be paid out of the county treas- ury upon a written order by the judge of the superior court, directing the county auditor to draw his warrant upon the county treasurer speci- fying the amount of such expenditure. Persons mentally sick cared for. Cost. 5. If on the examination as provided by law. the court finds a per- son to be mentally sick and bordering on insanity but not dangerously insane, the court may commit such persons to the care and custody of the psychopathic probation officer and may allow said persons to remain in the home of said persons subject to the visitation of a probation officer and be subject to be returned to the court for further proceed- ings whenever such action may appear necessary' or desirable; or the court may commit the person so found to be mentally sick or bordering on insanity but not dangerously insane, to be placed in a suitable home, sanitarium or rest haven home, subject to the supervision of said psy- chopathic probation officer and the further order of the court; provided, however, that the reasonable cost in a sum to be fixed by the court at the time of the commitment, shall be defrayed out of the estate of the patient so committed or shall be a charge upon his relatives liable for such maintenance; provided, however, tBat if the patient is found to De indigent and without funds or relatives responsible for his mainte- nance able to pay such charge, then the same shall be a charge upon the county in which court has jurisdiction and said expense shall be paid out of the county treasury upon a written order of the judge of the superior court of said county, directing the county auditor to draw his warrant upon the county treasurer specifying the amount of such expense. Purpose of act. 6. This act shall be liberally construed to the end that its purpose may be carried out, to wit: that the humane care and custody of the mentally sick or near-insane persons, as defined in this act, shall be provided for that restoration of such patients to a normal mental con- dition be as rapid as possible without committing said patient to an insane hospital. All acts and parts of acts in conflict herewith are hereby repealed. [New section approved May 30, 1913; Stats. 1913, p. 439.] §§2168-2185b political code. 480 § 2168. Citations. Gal. 162/239, 240. App. 11/532. § 2169. Citations. App. 11/5.32. § 2170. Citations. App. 11/532. § 2171. Citations. App. 11/562. § 2172. Citations. App. 11/532. § 2173. Citations. App. 11/532. S 2174. Citations. App. ll/r)32. Voluntary patients in state hospitals. § 2185b. Pursuant to nili's ami regulations establisbed by (he state ooiiiinission in liinaov, the inoilifai siiperintcnilent or jierson in charge of any state hospital, excejit the Fol.som State Hospital, may receive and detain in such state hospital, as a boarder and patient, any person suffer- ing from mental disease, who is a suitable person for care and treat- ment in such state hospital, and who shall voluntarily make a written application to the medical superintendent or person in charge thereof for admission into such hospital for care and treatment, and who is in such condition of mind, at the time of making such application for admission, as to render him competent to make such application. Any such person received and detained in a state hos|>ital shall be deemed a voluntary patient. Any person received into a state hosjiital under such voluntary application shall not be detained therein for more than seven days after having given notice, in writing, to the medical super- intendent or person in charge of such hospital of his desire to leave such hospital. The charges for the care and keeping of such person in such hospital shall be governed by the provisions of the Political Code relat- ing to the charges for the care and keeping of insane persons in state hosiiitals. Upon the admission of a voluntary patient to a state hos- pital, the medical superintendent or person in charge shall immediately forward to the ofTice of the state commission in lunacy the record of such voluntary patient, showing the n.une. residence, age, sex, nativity, occupation, civil condition, date of admission of such patient to such hospital, and sucli other information as may be required by tne rules and regulations of said commission. The state commission in lunacy shall establish such rules and regulations as may be necessary to prop 481 roLiTiCAL CODE. § 2185c erly carry out the provisions of this soetion. [New section. Became a law, under constitutional provision, without governor's approval, March 24, 1911; Stats. 1911, p. 4Go.] Person addicted to intemperate use of narcotics or stimulants. Arrest and examination. Commitment to state hospital. Conditions and term of commitment. § 2185c. Whenever it appears by affidavit to the satisfaction of a magistrate of a county, or citv' and county, that any person is so far addicted to the intemperate use of narcotics or stimulants as to have lost the power of self-control, or is subject to dipsomania or inebriety, he must issue and deliver to some peace officer for service a warrant directing that such person be arrested and taken before a judge of the superior court for a hearing and examination on such charge. Such officer must thereupon arrest and detain such person until a hearing and examination can be had. At the time of the arrest a copy of said affi- davit and warrant of arrest must be personally delivered to said person. Such affidavit and warrant of arrest must be substantially in the form provided by section 2168 of the Political Code for the arrest of a person charged with insanity. He must be taken before a judge of the superior court, to whom said affidavit and warrant of arrest must be delivered to be filed with the clerk. The judge must then inform him of the charge against him, and inform him of his rights to make a defense to such charge and produce any witnesses in relation thereto. The judge must by order fix such time and place for the hearing and examination in open court as will give a reasonable opportunity for the production and examination of witnesses. Such order must be entered in the min- utes of the court by the clerk and a certified copy of the same served on such person. The judge may also order that notice of the arrest of such person and the hearing of the charge be served on such rela- tives of said person known to be residing in the county, as the court may deem necessary or proper. The hearing and examination shall be had in compliance with the provisions of sections 2169 and 2170 of the Political Code. The judge, after such hearing and examination, if he believes the person is so far addicted to the intemperate use of narcotics or stimulants as to have lost the power of self-control, or is subject to dipsomania or inebriety, must make an order that he be con- fined in a hospital for the care and treatment of the insane, designated in such order, and the order must be accompanied by a written state ment of the judge as to the financial condition of the patient and of the persons legally liable for his maintenance, as far as can be ascertained; provided, that before a person shall be committed to a state hospital, satisfactory evidence shall be submitted to the trial judge showing that the person to be committed is not of bad repute or bad character, apart from his or her habit for which the commitment is made, and that there is reasonable ground for believing that the p^^rson, if committed, will be permanently benefited by treatment. Such order and statement shall 31 §§ 2188-2197 POLITICAL code. 482 be in substaritially the form provided by section 2171 of the Political Code for the commitment of insane persons. The court shall commit such person for a definite period, not to exceed two rears, but provided that he may be paroled by the medical superintendent under the same rules and conditions that the insane are paroled; and provided, further, that the state commission in lunacy shall be given the same power to discharge an}' person committed under this act as contained in section 2189 of the Political Code, upon the recommendation of the hospital superintendent, when satisfied that such person will not receive substan- tial benefit from further hospital treatment. Such person shall be de- livered to the state hospital for the insane to which he has been committed in compliance with the provisions of section 2172 of the Political Code, providing for the commitment and deliveranoe of an insane person. [Amendment approved Dcfcmber LS. 1911; Stats. Ex. Sess. 1911, p. 14.] This section added fo the code March 20. 1911 (Stats. 1911, p. 396). Citations. Gal. 162/239, 240. App. 18/2. § 2188. Citations. App. 11/533. Moneys due state. § 2193. Kach county auditor must include in his state settlement report rendered to the controller in the months of May and December the amount due the state under this act by reason of commitments to the homo for feebleminded; and the oounty treasurer, at the time of the settlement with the state in such months, must pay to the state treas- urer, upon the order of the controller, the amounts found to be due to the state by reason of the commitments herein referred to. In the event of the failure of the county auditor or county treasurer to do or perform any of the things required in this section, the state commis- sion in lunacy may require the county treastirer by writ of mandate to pay to the state treasurer upon an order of the controller all amounts found to be ilue to the state as aforesaid at the time of the next settle- ment of the said county treasurer with the state, and it shall be no defense to such a proceeding that the county auditor has failed to include such sums in his said report rendereter. 4. That no child whose parent or parents have not resided in this state for at least three years prior to the application for aid, or whose parent or parents have not become citizens of this state shall be deemed a minor orphan, half orphan or abandoned child within the intent and meaning of this chapter. 5. That no child maintained in an institution for whom a bona fide offer of a proper home has Ijcen made shall be considered eligible for further state aid; it is further provided, however, that no institution shall be required to surremler a child to any person of religious faith different from that of the child or the parents of the child. [Amend- ment approved May 26, 1913; Stats. 1913, p. 632.] Powers and duties of state library trustees. § 2293. The powers and duties of the board are as follows: 1. To make rules and regulations, not inconsistent with law, for its government and for the government of the library; 2. To appoint a librarian, who may appoint an assistant state librarian; said assistant shall lie a civil executive officer; 3. To authorize the librarian to appoint such other assistants as may be necessary; 4. To sell or exchange duplicate copies of books; 5. To keep in order and repair the books and property in the library; 6. To draw from the state treasury at any time, all moneys therein belonging to the library fund; 7. To prescribe rules and regulations permitting persons other than those named in section 2296, to have the use of books from the library. 8. To collect and preserve statistics and other information pertaining to. libraries, which shall be available to other public libraries within the state applying for the same; 9. To make to the governor, biennially, a report of its transactions; 10. To establish, in their discretion, deposit stations in various parts of the state, under the control of an ofl^cer or employee of the state library; provided, that no book shall be kept permanently away from the main library, which mav be required for official use. [Amendment ap- proved June 16, 1913; Stats. 1913, p. 1149.] Duties of state librarian. § 2295. It is the duty of the librarian: 1. To be in attendance at the library during office hours. 487 POLITICAL CODE. § 2295a 2. To act as secretary of the board of trustees, and keep a record of their proceedings. 3. To purchase books, maps, engravings, paintings and furniture for the library. 4. To number and stamp all books and maps belonging to the library, and to keep a catalogue thereof. 5. To have bound all books and papers that require binding. 6. To keep a register of all books and property added to the library, and of the cost thereof. 7. To keep a register of all books taken from the library. 8. To index the statutes of each session of the legislature and to fur- nish the marginal notes therefor; to index the journals and resolutions of the senate and assembly. 9. To revise and bring up to date the "Index to the laws of Cali- fornia," whenever provision for printing and binding the volume may be made. 10. To compile such volumes and pamphlets of laws or other matter as may be required by any state officer or department in the exercise of his or its official duties, or as may be required for the general in- formation of the people of the state. Before any work of compiling or printing any such publication may be undertaken by the state librarian the facts in each case must be presented to the state board of control for its approval. It shall be the duty of the officer or department requir- ing such compilation to furnish the state librarian with such data and information as he may require. The cost of printing a publication re- quested by an officer or department shall be paid for out of the printing fund of such officer or department. The cost of printing a publication for the general information of the people of the state shall be paid for out of the fund appropriated for that purpose. [Amendment approved June 16, 1913; Stats. 1913, p. 1150.] Publications furnished state library. § 2295a. It shall be the duty of the superintendent of state printing to furnish to the state library, as soon as issued, two hundred and fifty copies of all reports and other publications of state officers, commissions and departments. Twent^'-five of the documents so furnished shall be bound copies. Of the publications issued from day to day during the sessions of the legislature, there shall be furnished to the state library as many as may be required by the librarian. The state librarian shall, in his discretion, distribute publications so received to the public libraries, and other educational, scientific, literary or art institutions of this state, which may apply to be put on the mailing list for all or a portion of the state publications; and to such libraries and other in- stitutions outside this state with which the state librarian may have established exchange relations. In the discretion of the state librarian, remaining copies of state publications, except those publications required by law to be sold, may be distributed to any person applying therefor. [Amendment approved June 16, 1913; Stats. 1913, p. 1151.] §§ 2300-2319 POLITICAL code. 4SS Fund. § 2300. The moneys appropriated by tbe lep^islature for tlie main- tenance of the state library shall constitute the state library fund. [Amendment approved June 16, 1913; Stats. 1913, p. 1151.] Salaries of deputies. § 2303. [Repealed June 16, 1913; Stats. 1913, p. 1151.] § 2314. Citations. Cal. 157/423. Commissioner of horticulture, appointment, temos, etc. § 2319. The state fommi^siouor of horticulture of California shall be a citizen and resident of this state, and his term shall be for four years, and until his successor is appointed and qualified. The governor may remove such commissioner from office at any time upon filing with the secretary of state a certificate of removal signed by the governor. In the case of vacancy in said office by death, resignation, removal from office, or other cause, the governor shall fill the vacancy for the unex- pired term. In appointing such commissioner and his successor or suc- cessors, it shall be the duty of the governor to disregard political affilia tions, and to be guided in his selection entirely by the jirofessional and moral qualifications of the per.son so selected for the performance of the duties of said office. Said commissioner shall be a civil execu- tive officer. The salary of said commissioner shall be four thousand dollars per annum, and he shall be allowed his traveling and incidental expenses necessary in the discharge of his duties. For the direction and accomplishment of his work the said commissioner may and is hereby empowered to appoint certain deputies, secretary, quarantine officers, sujicrinteudents, assistants, and clerk as hereinafter provided, who shall hold office at the pleasure of said commissioner ami perform any and all duties pertaining to their office or emjiloyment which the said com- missioner may require of each of them, and may be removed from office or position at any time by said commisj-ioner filing with the secretary of state a certificate signed by said commissioner so removing such dep- uty, secretary, quarantine officer, superintendent, assistant, or clerk. The traveling and other necessary expenses incurred by the officers anxl em- ployees herein jirovided for in the ])erformance of their duties shall be paid from the funds appropriated for the supjiort of the office of the state commissioner of horticulture. Said commissioner may arrange his office into three divisions, to wit: executive, office, quarantine division, insectary and pathological division. Said commissioner may appoint a chief deputy who shall be an expert entomologist and horticulturist and shall have charge of the work in the field and shall represent the com- missioner ex officio with the county horticultural commissioners when 80 authorized in accordance with the provisions of the law. Such chief deputy shall receive a salary of two th.iusand four hundred dollars per 489 POLITICAL CODE,- § 2319 annum. Said commissioner may appoint a secretary, who shall be a civil executive officer. Said secretary shall be versed in horticulture and entomology and shall compile such bulletins and such publications as may issue from the office of said commissioner from time to time, and shall perform all other duties as may be required of him by said com- missioner. Such secretary shall receive a salary of two thousand four hundred dollars per annum. Said commissioner may appoint a Merk whose salary shall be one thousand five hundred dollars per annum. The main office of such commissioner shall be at the city of Sacramento. The secretary of state shall furnish and set aside at the capitol a room or rooms suitable for offices for said commissioner, and if the secretary of state shall make and file an affidavit with the said commissioner stating that it is not possible for him, as such secretary of state, to pro- vide and set aside an office for said commissioner in the capitol or in any state building under his control, because there is no such office room or rooms available, then, and after the making and delivery of such affidavit to such commissioner, the said commissioner may rent rooms convenient and suitable for his offices at a rental not to exceed one thousand dollars per 3'ear. The office of said commissioner shall be kept open every day except holidays, and shall be in charge of the sec- retary, during the absence of the commissioner. Said commissioner may also keep and maintain an office in the city and county of San Fran- cisco at a yearly rental not to exceed the sum of five hundred dollars. Said commissioner may ajipoint for the work of the quarantine division a chief deputy quarantine officer who shall be a skilled entomologist and particularly conversant with the nature of foreign insect pests and diseases and effective means of preventing their introduction, and shall have charge of the commissioner's San Francisco office provided for in this section of this act. Such chief deputy quarantine officer shall receive a salarj^ of two thousand four hundred dollars per annusn. Said commissioner may appoint a deputy quarantine officer who shall be a competent entomologist for the purpose of quarantine work. Such dep- uty quarantine officer shall receive a salary of one thousand eight hun- dred dollars per annum. Said commissioner shall also properly maintain and operate the state insectary located on the state capitol grounds in Sacramento from funds provided by law for such purpose, and shall appoint for the work of the insectary division a superintendent of the insectary, who shall be an expert entomologist able to perform all the necessary duties with reference to the importation, rearing and distribu- tion of beneficial insects. The salary of the superintendent of the state insectary shall be two thousand four hundred dollars per annum. Said commissioner may appoint an. assistant superintendent of the insectary who shall be an economic entomologist, at a salary of one thousand eight hundred dollars per annum. Said commissioner- may appoint a field deputy for the insectary division, who shall be a prac- tical entomologist and whose salary shall be one thousand five hundred dollars per annum. The salaries of all the officers above mentioned §§ 2319a, 2319b political code. 490 shall be paid at the same time and in the same manner as the salaries of other state officers. Said commissioner may also appoint, by and with the approval of the governor, such temporary deputies from time to time as may be required and such temporary deputies shall receive such reasonable compensation per diem as may be fixed bv said commissioner. [Amendment approved April 26, 1911; Stats. 1911, p.' 1127.] Duties of commissioner of horticulture. State horticulture quarantine officer. § 2319a. Such commissioner shall collect books, pamphlets and periodicals and other documents containing information relating to horticulture and shall preserve the same; collect statistics and other information showing the actual condition and progress of horticulture in this state and elsewhere; correspond with horticultural societies, colleges and schools, and with the county horticultural commissioners existing or that may exist in this state, and with all other persons neces- sary to secure the best results to horticulture in this state. He shall require reports from county horticultural commissioners in this state, and may print the same or any part thereof as he may select, either in the form of bulletins or in his annual reports or both, as he shall deem proper. He shall issue and cause to be printed and distributed to county horticultural commissioners in this state, and to such other persons as he may deem proper, bulletins or statements containing all the information best adapted to promote the interest and protect the business and development of horticulture in this state. Such com- missioner shall be deemed to be the state horticultural quarantine officer mentioned in that certain act en'titleil, "An act for the protection of horticulture, and to prevent the introduction into this state of insects, or diseases, or animals injurious to fruit or fruit trees, vines, bushes, or vegetables, and to provide for a quarautine for the enforcement of this act," which became a law under constitutional provisions without the governor's approval on March 11, 1899, for the purposes of that act, and shall be empowered to perform the duties which under that act are to be performed by the state horticultural quarantine officer; pro- vided, that in any case where it shall become necessary in the judgment of the state commissioner of horticulture to quarantine a county or district within the state against another or other county or counties or districts within the state, or to quarantine the state or a county or dis- trict of the state against another state or a foreign country or countries then it shall be necessary that said quarantine shall be made by and ■with the approval of the governor as provided in this chapter. The state commissioner of horticulture may issue commissions as quar- antine guardians to the county horticultural commissioners, the deputies and inspectors appointed by them, [.\meudment approved April 26, 1911; Stats. 1911, p. 1129.] Quarantine regulations. § 2319b. iSaid commissioner may, by and with the approval of the governor, establish, maintain and ontono such quarantine regulations 491 POLITICAL CODE. §§ 2319c, 2319d as may be deemed necessary to protect the nurseries, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, fruit, seeds, vege- tables or other articles of horticulture, against contagion or infection by injurious disease, insects or pests, by establishing such quarantine at the boundaries of this state or elsewhere within the state, and he may make and enforce, with the approval of the governor, any and all such rules and regulations as may be deemed necessary to prevent any in- fected stock, tree, shrub, plant, vine, cutting, graft, scion, bud, fruit- pit, fruit, seeds, vegetable or other article of horticulture, from passing over any quarantine line established and proclaimed pursuant to this act, and all such articles shall, during the maintenance of such quarantine, be inspected by such commissioner or by deputies appointed in writing by said commissioner, and he and the deputies so conducting such inspec- tion shall not permit any such article to pass over such a quarantine line during such quarantine, except upon a ecrtificate of inspection signed by such commissioner or in his name by such a deputy who has made such inspection. All approvals by the governor given or made pursuant to this act shall be in writing and signed by the governor in duplicate, and one copy thereof shall be filed in the office of the secre- tary of state and the other in the office of said commissioner before such approval shall take effect. [Amendment approved April 26, 1911: Stats. 1911, p. 1130.] Infectious diseases, etc. May establish quarantine. § 2319c. Upon information received by such commissioner of the ex- istence of any infectious disease, insect or pest, dangerous to any article, or to the interests of horticulture within this state, or that there is a probability of the introduction of any such infectious disease, insect or pest into this state or across the boundaries thereof, he shall proceed to thoroughly investigate the same and may establish, maintain and enforce quarantine as hereinbefore provided, with such regulations as may be necessary to circumscribe and exterminate or eradicate such, infectious diseases, insects or pests, and prevent the extension thereof, and is hereb}^ authorized to enter upon any ground or premises, and inspect any stock, tree, shrub, plant, vine, cutting, graft, scion, bud, fruit-pit, fruit, seed, vegetable or other article of horticulture or implement thereof or box or package pertaining thereto, or connected therewith or that has been used in packing, shipping or handling the same, and to open any such package, and generally to do, with the least injury possible under the conditions to property or business, all acts and things necessary to carry out the provisions of this chapter. [Amendment approved April 26, 1911; Stats. 1911, p. 1131.] Pests to be reported to county horticultural commissioners. Duty of com- missioner^. § 2319d. Upon the discovery of any infectious disease, insects or pests, such commissioner shall immediately report the same to such quarantine guardians, county horticultural commissioners or county §§2319e, 2319f political code. 492 boards of horticulture of such counties as are afifeeted or liable to be affected by the disease, insect or pest, together with a statement as to the best known means or method for circumscribing, exterminating or eradicating the same', and shall state therein specifically what treatment or method should be applied in each case, as the matter may require, with a detailed statement or prescription as to the method of making or procuring and of applying any preparation or treatment so recommended therefor, and the time and duration for such treatment, and if chemicals or articles be required other than those usually obtainable in any town, the place or places where they are most readily to be obtained; and upon the receipt of such statement by any quarantine guardian, county horticultural commissioner or county board of horticulture, or any member thereof it shall be the duty of such quarantine guardian, county horticultural commissioner or county board of horticulture to distribute such statement in written or printed form to every person owning or having charge or possession of any orchard, nursery stock, tree, shrub, plant, fruits or articles of horticulture within their county, where there may be or be likely to be any danger to the interests of horticulture, and such a statement must be served with or be a part of the notice to be given to the owner or owners or person or persons, in possession of any orchard, nursery, tree, shrub, plants, fruits or other articles of horti- culture, referred to. provided for, ami required to be served in and by section 2 of chapter 183 of tlio laws of 1SI>7 or any amendments which have been or may be made thereto. [Amendment approved April 26, 1911; Stats. 1911, p. 1131.] State commissioner to co-operate with United States authorities. To notify fiovernor of quarantine lines. § 2319e. \Vli(Mievor it j-hall be uiicssary to establish quarantine under this ch.ipter, it' there be any authorities or officers of the United States having authority to act in such manner, or any part thereof, the said state commissioner of horticulture shall notify such authorities or officers of tlie Uhited States, socking tiieir co-operation as far as possible wheresoever the jurisdiction of the United States extends and is being exercised. The said ( ouiniissioner shall at once notify the governor of all quarantine lines established under or pursuant to this chapter, and if tlie governor ajiprove or shall have apjiroved of the same or any portion thereof the same shall be in effect and the governor may issue his jiroclamation proclaiming the boundaries of such quarantine and the nature thereof, and the order, rules or regulations prescribed for the maintenance and enforcement of the same, and may publish said procla- mation in such manner as he may deem expedient to give proper notice thereof. [Amendment approved April 26, 1911; Stats. 1911, p. 1132. J £tate commissioner ex-officio county commissioner. § 2319f. The saiil state conimissioiior sh;ill be ex officio a county com- missioner of horticulture wherever siuh county commissioner has been appointed or may hereafter be appointed or exist in this state pursuant 493 POLITICAL CODE. §§ 2319h-2322 to law, -whenever he is present and acting with said county horticultural commissioner within such county where such commissioner has been appointed. [Amendment approved April 26, 1911; Stats. 1911, p. 1132.] Annual reports. § 2319h. It shall be the duty of the state commissioner of horticulture to report in the month of January in each even-numbered year to the pjovernor, and in each odd-numbered year to the legislature of this state the horticultural conditions of the state with statistics regarding the same, the efficiency of tiie work of the county horticultural commis- sioners of the state and such other matters as he may deem expedient or as may be required either by the governor or legislature, and to include a statement of all the persons employed and moneys expended under this chapter by itemized statements thereof. [Amendment ap- proved April 26, 1911; Stats. 1911, p. 1132.] Payment of expenses. § 2319J. All moneys paid hereunder shall be paid by the state treas urer from moneys appropriated for the support of the office of state commissioner of horticulture, and expenses other than the salary of the commissioner, the compensation of his deputies, secretary, quarantine officers, superintendents, assistants, and clerk, as allowed and provided by this chapter, must be certified "by the said commissioner and be ap- proved by the state board of examiners before being audited and paid. [Amendment approved April 26, 1911; Stats. 1911, p. 1133.] County horticultural commissioners. § 2322. Whenever a petition is presented to the board of supervisors of anj' county, or city and county, and signed by twenty-five or more persons each of whom is a resident freeholder and possessor of an orchard, or greenhouse or nursery, stating that certain or all orchards, or nur- series or trees or plants of any variety is infested with any serious infectious diseases, or insects of any kind injurious to fruit, fruit trees, vines, or other plants or vegetables, or that there is growing therein the Russian thistle or saltwort (Salsoli kali var. tragus), Johnson grass (Sorghum halepense) or other noxious weeds, codlin moth or other insects that are destructive to trees or plants; and praying that a commissioner be appointed by them, whose duties shall be to supervise the destruction of said insects, diseases or Russian thistle or saltwort, Johnson grass or other noxious weeds, as herein provided, the board of supervisors shall immediately notify the state board of horticultural examiners to furnish them a list of eligibles or competent persons as hereinafter provided, and from such list the said supervisors shall appoint a commissioner in accordance with the provisions of this chapter, whose term of office shall be for four years and until his successor shall be appointed and qualified and who shall give a bond in the sum of one thousand dollars for the faithful performance of his duties. The said term of office of any and all county commissioners heretofore or hereinafter appointed shall com- § 2322 POLITICAL CODE. 49-i mence on the date of appointment, and be for a period of four years and until his successor shall be appointed and qualified, at the end of which period the said term shall terminate,- and said term shall run with and be attached to said office. In any case where such petition has already been presented or submitted, or is on file at th^ time of the passage of this act, as the basis for the appointment of a board of horticultural commissioners under this chapter as heretofore existing, such petition shall continue in full force and effect and the board of super- visors of any county, or city and county, with which any such petition has been filed, or in which any board of horticultural commissioners has heretofore existed, must appoint a county horticultural commissioner. The person appointed to such position must be specially qualified for his duties and must be chosen and appointed by the board of supervisors from a list of eligible persons, recommended and nominated to said board as hereinafter provided, such appointment to be made within thirty days after receipt of said list by said board of supervisors, and the said board of supervisors shall provide a suitable office for the said commis- sioner, and all necessary expenses in the maintenance of said office shall be paid by said board of supervisors. A state board of horticultural examiners is hereby created, consisting of the dean of the agricultural college of the University of California, the state commissioner of hor- ticulture and the superintendent of the state insectary, who are ex-officio members of said board. They shall serve without pay, and said board shall provide convenient means for the examination of candidates for ai)pointnicnt as horticultural commissioner. While in the performance of their duties as members of said board they shall be allowed all their necessary expenses for traveling, printing, postage and other incidental matters to be paid out of anj- appropriations made for the support of the office of the state commissioner of horticulture. At least thirty days before the date of the examination of candidates for the said appoint- ments the state board of horticultural examiners shall post or cause to be posted in three public places in said county notice of the time and place at which such examination will be held, setting forth the condi- tions and subjects of said examination. At the time and place stated and agreed upon such examination shall be held. Said examination shall be in writing and the board of horticultural examiners may appoint one of their own number, or some other reliable, competent person to con- duct the holding of such examination in each county and forward the papers of each applicant to the board for consideration. Within twenty days after the examination is held said examiners shall certify to the board of supervisors of the county, or city and county for which the examination was had, the names of such persons examined as they deem .competent and qualified for the office and from the list of names so certified the supervisors shall within thirty days after the receipt of said list of names appoint a horticultural commissioner. As far as possible the board of horticultural examiners shall consult the resident horti- culturists of the county in determining the responsibility and moral 495 POLITICAL CODE. § 2322b qualifications of candidates for apjiointment as commissioners and whose names they certify to the boards of sujjervisors of the several counties. If DO person or persons present themselves for examination before said board of horticultural examiners or if after such examination no person is found qualified, the state board of horticultural examiners shall name five competent persons and certify them to the board of supervisors and from these names the board of supervisors shall within thirty days after the receipt thereof appoint a county horticultural commissioner, and in such event the commissioner so appointed shall hold oflRce for the term of one year. In case of a vacancy in the office of horticultural commis- sioner, the vacancy shall be filled first from the list of eligibles certified to the board of supervisors under the provision of this chapter, and it there be no person named on the said list of eligible persons as in this section first above provided, then said vacancy shall be filled from the list of competent persons named as in this section last above provided, and if said vacancy shall be filled from the said list of eligibles the said person so appointed shall hold for the balance of the unexpired term, but if the said vacancy be filled from the said list of competent persons, the said person shall hold for the balance of the unexpired term, if the said unexpired term be not longer than one year, but if said unexpired term be longer than one year then such person shall not by virtue of such appointment hold longer than one year from the date of his appoint- ment. Whenever elsewhere in the laws of this state reference is made to a county board of horticultural commissioners such reference must be understood to mean or relate to the county horticultural commissioner herein provided for and said county board of horticultural commissioners and the members thereof shall cease to exist as such; provided, that all county boards of horticultural commissioners existing at the time of the passage of this act shall continue in office, with full power as hereto- fore existing until the election or appointment to succeed them, of a county horticultural commissioner under the provisioTis of this act. Upon the petition of twenty-five resident freeholders who are possessors of an orchard, greenhouse or nursery, the board of supervisors may remove said commissioner for neglect of duty or malfeasance in office after hear- ing of the petition. In case of such removal upon such hearing, the board shall immediately proceed to fill said office for the unexpired term as in cases of vacancy as hereinbefore provided. [Amendment approved March 25, 1911; Stats'. 1911, p. 490.] Powers of cominissioner. Deputy, Quarantine g:uardians. § 2322b. Said county horticultural commissioner shall have power to divide the county into districts, and to appoint a local inspector, to hold office at the pleasure of the commissioner, for each of said dis- tricts, and may, with the consent and approval of the board of super- -_-Afisors, appoint a deputy horticultaral commissioner from a list of qualified persons certified to the board of supervisors by the state board of horti- cultural examiners, such deputy to hold office at the pleasure of the §§ 2322c, 2322d political code. - 496 commissioner. The state commissioner of horticulti're may issue commis- sions as quarantine guardians to the county horticultural commissioner, the deputy and inspectors appointed by him. The said quarantine guardians, local inspectors, deputies or the said county horticultural com missioner, have full authority to enter into any orchard, nursery, place or places where trees or plants or fruit are kept and offered for sale or otherwise, or any house, storeroom, salesroom, depot, or any other such place in their jurisdiction, to inspect the same, or anv part thereof. [Amendment approved March 25, 1911; Stats. 1911, p. 493.] Record and report of commissioner. Diseases, scales, etc. Annual meet- ing. § 2322c, It is the duty of the said county horticultural commissioner to keep a record of his official doings and to make a report to the state commissioner of horticulture on or before the first day of October of each year of the condition of the horticultural interests in their several districts, what is being done to eradicate insect pests, also as to disin- fecting, and as to quarantine against insect pests and diseases, and as to the carrying out of all laws relative to the greatest good of the horti- cultural interests, and to furnish from time to time to the state com- missioner of horticulture such other information as he may require. Said state commissioner of horticulture may publish such rej^orts in bulletin form or may incorporate so much of the same in his annual re- port as may be of general interest. Tt is also made the duty of the county horticultural commissioner to advise himself with reference to all infectious diseases, scale insects or codlin moth or other pests injurious to fruit, plants, vegetables, trees or vines, and with their eggs or larvae and all noxious weeds or grasses that may exist in his county or be likely to exist therein and for the purpose of so advising himself and of eradicating and jireventing injury from such causes, and 'for the pur- pose of advising himself on the best and most efficacious methods of per forming his duties and conducting his office he shall attend the annual meeting of the state association of county horticultural commissioners, and such other meetings as the state commissioner of horticulture may require, and he shall be paid his per diem compensation and traveling expeuses while so engaged, [.\nieudment approved March 25, 1911; Stats. 1911, p. 493.] Salary of inspectors, deputy and commissioner. § 2322d. The salary of all iiis]iC(tors working under the county hor- ticultural couiniissioner is three dollars and fifty cents per -day. The salary of the deputy shall be five dollars per day when in the actual per- formance of his duties and the necessary traveling expenses. In the case of the commissioner himself his compensation shall be six dollars per day when actually engageil in the performance of his duties, and the neces- sary traveling expenses incurred in the discharge of his regular duties as prescribed in this chapter. [Amendment approved March 25, 1911; Stats. 1911, p. 493.] 497 POLITICAL CODE. §§ 2322e-2349 Report to supervisors. § 2322e. It is the duty of the county horticultural commissioner to keep a record of his official acts, and make a monthly report to the board of supervisors; and the board of sujiervisors may withhold warrants for salary of said commissioner, deputy and inspectors until such time as such report is made. [Amendment approved March 25, 1911; Stats. 1911, p. 194.] Streams declared navigable and public ways. § 2349. Certain streams and waters declared navigable and are de- clared public ways: The following streams and waters are declared pub- lic ways: So much of a slough as lies between Simonds canal in the town of Alviso and the bay of San Francisco; all of the Coyote river between the bay of San Francisco and the place where the same is now crossed by the tracks of the Southern Pacific railroad company; all of the slough known as the Alviso slough, sometimes called Steamboat slough, lying between the bay of San Francisco and the place where *iie same is now crossed by the tracks of the Southern Pacific railroad torn pany; all of the slough known as the Guadelupe slough, and being the outlet or mouth of the Guadelupe river, lying between San Francisco bay and its junction with Alviso slough; all of Devil's slough lying within the corporate limits of the city of San .Jose, or of the town of Sunny- vale in Santa Clara county, and extending thence to San Francisco bay; Petaluma river, from its nioirth to the southerly line of Washington street, in the city of Petaluma; the Sonoma river, between its mouth and a point opposite Fowler's hotel in the town of San Luis; the Napa river, between its mouth and a point sixty feet below the westerly line of Lawrence street in the city of Napa; the Suisun river, between its mouth and the town of Suisun embarcadero; the Sacramento river, be- tween its mouth and a point one hundred feet below Reid's ferry, in Shasta county; the Feather river, between its mouth and a point fifty feet below the bridge crossing Feather river first above the mouth of the Yuba river; the Yuba river, betw^een its mouth and a point at the mouth of the slough at the foot of F street, in the city of Marysville; the San Joaquin river, between its mouth and Sycamore point; the Stockton slough, between its mouth and the west line of El Dorado street in Stockton; the Mokelumne river, between its mouth and the first falls; the Tuolumne river, between its mouth and Dickinson's ferry; Deer creek, between the house of Peter Lassen and its mouth; Big river, three miles from its mouth; Noyo river, three miles from its mouth; Albion river, three miles from its mouth; San Antonio creek, in the county of Alameda, from its mouth to the old embarcadero of San Antonio; the Arroyo del Medo, in the county of Santa Clara, from its mouth to the upper line of the town of New Haven; Mission creek, in the county of San Francisco; that portion of Channel street, in the city of San Francisco, lying easterly of the northeasterly line of Seventh street, the width thereof to be one hundred forty feet; that certain creek rui- 32 § 2349 POLITICAL CODE. 498 ning through the tide-land survey' numbered 68, and swamp and over- flowed land survey numbered 145, from its mouth to the head of the tide water therein; San Leandro creek, from its mouth at San Francisco bay to Andrew's landing; San Lorenzo creek, from its mouth at San Fran Cisco bay to Robert's landing; John^^on's creek, from its mouth at San Francisco bay to Simpson's landing; the north branch of Alameda creek, from its mouth to Eden landing; San Rafael and ("orte Madera creeks, in Marin county, from their mouths as far up as tidewater flows therein; the Neuces creek, from its mouth at Suisun bay to a point one-half mile above the warehouse of George P. Loucks; Diablo creek, from its junction with the Neuces, to a point opposite the warehouse of P'rank Such, in Contra Costa county; the Arroyo de San Antonio, or Keys creek in Marin county, from its mouth at Tomales bay to the warehouses on the point at Keys embarcadero; all the streams and sloughs emptying into Klk river; and all the streams and sloughs south of Eureka, in Hum- boldt county, which are now or at any time have been used for the pur- pose of floating logs or timber, and all the sloughs south of Humboldt point, in said county, that at high water have a depth of two feet of water, and wide enough to float and admit a boat carrjing five tons or more freight; Xovato cretk, or estuary, in Marin county from its mouth to Svvcetzer's landing; Salinas river and Elkhorn slough, or Estero Vie.io, in Monterey county, from its mouth as far up as tidewater flows; First Napa creek, Second Napa creek, and Third Napa creek, in Sonoma county, between Napa and Sonoma rivers; More Cojo slough, in Mon- terey county, from Salinas river to tidewater; Gallinas, or Guyanas slough or creek, in Marin county, from its mouth to the line of the Sonoma and Marin railroad; Clear lake, in Lake county; provided, that nothing herein contained shall be deemed to interfere with rights of owners and claimants of swamp or overfloweetition, and thereafter the said described road, highway or avenue, shall be known bv said name. [New section approved April 27, 1911; Stats. 1911, p. 1145.] Powers of supervisors over roads. § 2643. Tho boards of supervisors of the several counties of the state shall liave general supervision over the roads i^ithin their respective counties. They must by proper order: 1. Cause to be surveyed, viewed, laid out, recorded, opened, and workod, such higliways as are necessary to public convenience, as in this chap- ter provided. 2. Cause to be recorded as highways all highways which have become such by usage, dedication or abantlonment to the public, or bv anv 501 POLITICAL CODE. § 2643 other means provided by law, and to prepare and record proper deeds and titles thereto. 3. Abolish or abandon such as are not necessary. 4. Acquire the right of way over private property for the use of pub- lic highways, and for that purpose require the district attorney to insti- tute proceedings, under title 7, part 3, of the Code of Civil Procedure., and to pay therefor from the general road fund or the district road fund of the county. 5. Levy a property tax for road purposes. 6. Cause to be erected and maintained, at the intersection and cross- ings of highways, guide posts, jiroperly inscribed. 7. Cause the road tax collected each year to be apportioned to the several road districts entitled thereto, and kept by the county treasurer in separate funds. 8. Audit all claims on the funds set apart for highway purposes, and specify the fund, or funds, from which the whole or any part of any claim, or claims, must be paid. 9. In their discretion, they may provide for the establishment of gates on the public highways, in certain cases, to avoid the necessity of build- ing road fences, and prescribe rules and regulations for closing the same, and penalties for violating said rules; provided, that the expense for the erection and maintenance of such gates shall in all cases be borne by the party or parties for whose immediate benefit the same shall be ordered. 10. For the purpose of sprinkling the roads in any part of the county with oil or water, the board of supervisors may erect and maintain waterworks and oil tanks and reservoirs, and for such purposes may pur- chase or lease real or personal property. The costs of such waterworks, oil tanks and reservoirs and the sprinkling of said roads with oil or water may be charged to the general county fund, the general road fund, or the district fund of the district or districts benefite-d. Whenever it is determined by a four-fifths vote of the board of super- visors of any county that the public convenience and necessity demand the acquisition or construction of a road in excess of three miles in length, the cost of which will be too great to pay out of any of the road funds of the county, the board of supervisors may, by resolution passed by a four-fifths vote of said board, determine to acquire or construct such road, and may therefore, proceed to acquire or construct such road and if the cost of such road, when constructed, shall exceed five thou- sand dollars, such cost may be charged to the general county fund, the general road fund or the district fund of the district or districts benefited. And provided, however, that whenever it is determined by a four- fifths vote of the board of supervisors of any county that it will cost less to repair, reconstruct or rebuild any existing main line road in said county, which is in excess of three miles in length and the cost of the repairing, reconstruction or rebuilding of which will exceed five thou- § 2643 POLITICAL CODE, 502 sard dollars, than it will to acquire or construct a new road between the same points, the said board of supervisors may, by resolution passed by a four-fifths vote of said board, determine to repair, reconstruct or rebuild such road and the cost thereof may be charged to the general county fund, the general road fund or the district fund of the district or districts benefited. 11. Whenever it shall be determined that any grading, graveling, macadamizing, ditching, sprinkling, or other work upon highways is necessary, and is to be done, and where the estimated cost of such work amounts to three hundred dollars, the board of supervisors must, by jirojier order, direct the county surveyor to make definite surveys of the proposed work, and to prepare profiles and cross-sections thereof. an.d to submit the same with the estimate of the amount or amounts of work to be done, and cost thereof, and with specifications thereof. Said report shall be prepared in duplicate, one copy to be filed in the surveyor's office, and the other to be filed with the clerk of the board of supervisors. The board upon receipt of such report must advertise for bids for the performance of the work specified. Such advertisement for bids must be published for two weeks in two newspapers, one pub- lished at the county seat and the other at a point nearest the proposed work. Such advertisement must be in the following form: "Office of the Clerk of the Board of Supervisors. County, , 191—. Sealed bids will be received by the clerk of the board of supervisors of county, at his office, until o'clock M., 191 — . for , on , in district, in county. Specifications for this work are on file in the office of the said board, to which bidders are hereby referred. Clerk of the board of supervisors of the county of ." .And such advertisement must also be posted, for at least two weeks prior to the opening of the bids for the proposed work, in three con- spicuous places in the district or distriets in whicli the proposed work lies, and one at the site of the proposed work. Bids must be inclosed in sealed envelope, addressed to the clerk of the board of supervisors, and must be indorsed, "Bids for ," and must be delivered to said clerk prior to the hour specified in the advertisement. The board shall publicly open and read such bids as may be submitted, and must award the contract for the work to the lowest bidder; unless it shall appear to the board that the bids are too high, and the work can be «lone more cheaply by day labor, in which case the bids must be rejected, and the work ordered done by the road commissioner, or eommissioners. in whose district or districts the work may be situated. In case the work shall be let by contract, monthly or quarterly payments may b? 503 POLITICAL CODE. §§2645,2646 made thereon upon the receipt of a certified estimate by the county surveyor of the amount or work done during the preceding month or quarter, to the extent of seventy-five per cent of the value of said work, the remaining twenty-five per cent being due on the completion of the work. The services of the surveyor in making such partial estimates must be paid for by the contractor. Upon the completion of the work, the count}-^ surveyor must examine the same, and if completed in ac- cordance with the specifications thereof, he must submit to the board of supervisors a certificate over his signature and official seal to the effect that such work by the contractor therefor, has been completed in accordance with the specifications therefor, and recommending its acceptance. The board shall thereupon audit the same and direct its payment out of the proper fund or funds. 12. In their discretion, they may set apart on any public road or highway a strip of land (for a side path), and make an order designating the width of such path and cause the lines separating the path from the road to be located and marked by stakes or posts, placed at such distances apart as they shall deem proper. After said paths have been set apart, and the lines separating the same from the road have been located and marked, as aforesaid, the use of the same is hereby re- stricted to pedestrians and riders of bicycles and other vehicles pro- pelled solely by the power of the rider. Expense of erecting and maintaining such path may be charged to the general county fund, the general road fund, and the district fund of the district or districts benefited. [Amendment approved April 27, 1911; Stats. 1911, p. 1151.] Citations. Cal. 159/622; 160/708. App. 12/430, 431; (subd. 3) 16/75; (subd. 10) 12/431, 432, 433. § 2645. Citations. App. 15/581. Highways in charge of supervisors. § 2646. Whenever any of the highways of a county have been con- structed or improved under the provisions of an act entitled: "An act providing for the laying out, constructing, straightening, improvement and repair of main public highways in any countj', providing for the voting, issuing and selling of county bonds and the acceptance of dona- tions to pay for such work and improvements, providing for a high- way commission to have cliarge of such work and improvements, and authorizing cities and towns to improve the portions of such highways within their corporate limits and to issue and sell bonds therefor," ap- proved March 19, 1907, and all acts amendatory thereof or supplemen- tary thereto, the board of supervisors of said county shall have the charge of the maintenance and repair of said highways and may employ a superintendent or inspector to have charge of the repairing and main- tenance of all of said roads under the orders and direction of said §§ 2647-2692 POLITICAL CODE. 504 board, and may employ such workmen and purchase such materials, equipment, tools and appliances as may be necessary to maintain said roads and keep them in repair, the cost of such maintenance and re- pair to be paid out of the general fund of the county. Nothing herein contained shall prevent the board from having any such work of re- pair of [or] maintenance done by contract under the provisions of sec- tion 2643, if thev deem it advisable. [New section approved March 9, 1911; Stats. 1911, p. 318.] § 2647. Cltationa. App. 12/433. § 2653. Citations. App. 12/432. § 2681. Citations. Cal. 157/98. App. 16/73, 74, § 2682. Citations. App. 16/74. § 2683. Citations. App. 13/45; 16/74. § 2684. Citations. App. 16/74. § 2685. Citations. App. 16/74. § 2686. Cltationa. App. 14/787; 16/75. § 2688. Citations. App. 14/786; 15/389; 16/74, 75. § 2689. Citations. Cal. 157/435. § 2690. Citations. App. 13/46; 14/783; 15/390. Opening of private ways. Bond. § 2692. I'livato oi- liy-ro.iils or private ways for a canal may be opened, laid out, or altered for the convenience of one or more residents or freelioldcrs of any road district in the same manner as public roads are opened, laid out. or altered, except that only one petitioner shall be necessary, who must be either a resident or freeholder in sntd road 505 POLITICAL CODE. § 2694 district; and the board of supervisors may for like cause order the same to be viewed, opened, laid out, or altered, the person for whose benefit said road or private way for a canal is required paying the damages awarded to land ownfers, and keeping the same in repair; provided, that the petitioners must accompany the petition with the bond mentioned in section 2683, conditioned as provided in said section, and with a further condition that the bondsmen will pay to the person over whose land said road or private way for a canal is sought to be opened, his necessary costs and disbursements in contesting the opening of such road or private way for a canal, in case the petition be not granted, and the road or private way for a canal finally not opened; provided, that all private roads or private ways for canals opened, or laid out, under the provisions of this act, shall be upon section or half section lines wherever practicable, [Amendment approved April 22, 1913; Stats. 1913, p. 62.] Eoads crossing railroads, street railroads, canals, and ditches. Manner of crossing tracks. Canals or ditches. Damages. § 2694. Wherever the general route of the road to be abandoned, altered, laid out or constructed is shown by the petition provided for by section 2682 of this code to cross the track or right of way of any railroad or street railroad, the county clerk of the county wherein said petition is filed shall immediately upon the appointment of viewers by the board of supervisors transmit to the railroad commission a certified copy of the petition and of the order appointing viewers. Said com- mission shall thereupon fix a day for the hearing of said petition, and shall give notice thereof to said viewers, to the district attorney and clerk of the board of supervisors of the county wherein said petition is filed, and to the resident owner or agent of the owner of the land over which the proposed road is to run, and said hearing shall be held at the rooms of the board of supervisors of said count}'. At said hear- ing the said commission shall hear the evidence offered as to the cross- ing of said track or right of way by said proposed road, and shall thereupon determine whether said proposed road shall, if constructed, be constructed across said track at grade or otherwise, and shall deter- mine and prescribe the manner, including the particular point of cross- ing, and the terms of installation, operation and maintenance, use and protection of said crossing. Tlie said conclusions of said commission shall thereupon be reported to the board of supervisors, and in its order fixing a day for hearing the viewers' report, the said board shall in- clude therein an order fixing a day for hearing said conclusions which shall be the same day fixed for hearing the said viewers' report. Notice of said hearing shall be given in the manner and for the time prescribed by section 2688 of this code, and, in addition to said notice, the county clerk shall notify said commission of the time and place of said hear- ing, and at said hearing the board of supervisors shall first proceed to the consideration of said conclusions of said commission, and if the same §§2710-2712 POLITICAL CODE. 506 be rejected, no further proceedings shall be had in said matter. If the same be approved, said board shall proceed in the manner provided by law to act upon said viewers' report. The board shall have no power to change or modify said conclusions except by and with the consent of said commission. Whenever highways are laid out to cross canals or ditches, on public lands, the owners or corporations using the same must, at their own expense, so prepare their canals or ditches that the public highway may cross the same without danger or delay; and when the right of way for a public highway is obtained through the judg- ment of any court over any railroad, canal or ditch, no damages must be awarded for the simple right to cross the same. [Amendment approved January 2, 1912; Stats. Ex. Sess. 1911, p. 138.] Citations. Cal. 159/754. § 2710. Citations. Cal. 157/100. Supervisors may pay part of cost of constructing road out of general fund. § 2712. Whenever it appears to the board of supervisors that any road district is or would be unreasonably burdened by the expense of constructing, or by the maintenance and repairs of any road, bridge or tunnel connecting or forming a part of a road, or the purchase of toll roads, they may, in their discretion, cause a portion of the aggregate cost or expense to be paid out of the general road fund of the county, or by a vote of the majority of the board of supervisors, said board may, in their discretion, order a portion of the cost of construction and repairs of bridges and tunnels connecting or forming a part of a road, or a portion of the cost of the purchase of toll roads, or cost of miiterial for road construction to be ]>aid out of the county general fund, as well as the general road fund; provided, however, that snid board shall not take any money out of the county general fund for cost of material for road construction, except by unanimous vote of the board of su])ervisors; and provided, further, that the said board may in their discretion, by a four-fiftlis vote, pay or cause to be paid, out of the county general fund or the general road fund, or both or either, the whole or a portion of the cost required to construct, build, recon- struct, rebuild, or repair any and all bridges or roads in the county, or both, destroved or damaged by storms, floods or other calamities. [Amendment" approved May 1, 1911; Stats. 1911, p. 1464.] There was also another § 2712 adopted at the same session of the legislature, as follows: When aid may be given by county. § 2712. Whenever it appears to the board of supervisors that any road district is or would be unreasonably burdened by the expense of constructing, or by the maintenance and repairs of any road, bridjje 507 POLITICAL CODE. §§ 2713, 2714 or tunnel connecting or forming a part of a road, or the purchase of toll roads, they niay, in their discretion, cause a portion of the aggregate cost or expense to be paid out of the general road fund of the county, or by vote of the majority of the board of supervisors said board may, in their discretion, order a portion of the cost of construction and re- pairs of bridges and tunnels connecting or forming a part of a road, or a portion of the cost of the purciiase of toil roads, or cost of ma- terial for road construction to be paid out of the county general fund, as well as the general road fund; provided, however, said board shall not take any money out of the county general fund for cost of material for road construction except by unanimous vote of the board of super- visors. [Amenilment approved March 22, 1911; Stats. 1911, p. 429. J There was another § 2712 adopted at the same session of the legislature. See prior section. Citations. App. 12/433. § 2713. Citations. Cal. 164/563. Maintenance of bridges of adjoining districts. § 2714. If the road overseer of one district, after five days' notice from the overseer of an adjoining district to aid in the repair of a bridge in which each are interested, fails so to aid, the one giving notice may make the necessary repairs, and must be allowed a pro rata compensation therefor by the board of supervisors out of the road fund of the defaulting district. Bridges crossing the line or lines be- tween cities or towns and road districts, or between cities or towns, may be constructed and maintained by the cities or towns and from the road fund of the road district or by the cities or towns into which such bridges extend. Any such bridge may be constructed by contract let as provided by law by either city or town or by the county into which such bridge extends or wherein such bridge is located, and any such city, town or county may contribute toward the cost and expense of the construction or maintenance of such bridge by the appropriation for such purpose of any funds in the treasury of such city, town or county not otherwise appropriated, upon such terms and conditions as may be prescribed by ordinance or resolution of the governing body of such city, town or county aiding in the construction or maintenance of such bridge; provided, that if the proportion to be paid by any such city, town or county cannot be otherwise determined, the cost of con- struction or maintenance of any such bridge shall be borne equally by the city or town and from the road fund of the road district or by the'cities or towns into which such bridge extends. The proceeds of any bonds heretofore or hereafter authorized by the voters of any such city, town or county for the acquisition, construction or completion of any such bridge, or any portion thereof, may be expended or con- tributed as herein provided. [Amendment approved March 1, 1911; Stats. 1911, p. 94.] §§ 2736-2773 political code. 508 § 2736. Citations. Cal. 159/622. § 2737. Citations, Cal. 159/755. App. 10/140. When one overseer fails to act, who may repair bridge. § 2741. [Repealed March 21, 1911; Stats. 1911, p. 428.] § 2745. Citations. Cal. 160/352. § 2746. Citations. Cal. 160/352. § 2747. Citations. Cal. 160/352. § 2748. Citetions. Cal. 160/352. Contents of election notice for road bonds. § 2761. Such iiotiie must contain: 1. Tlie time and plaee or places of hoUling such election; 2. The name of three judges for each election district to conduct the same; 3. The hours during the day in which the polls will be open, not less than eight; 4. The amount and denomination of the bonds; the rate of interest, not exceeding seven per cent; and the number of years, not exceeding forty, any part of said bonds shall run; ■5. The purpose for which it is to be used, including a brief descrip- tion of the proposed work and the materials to be used; 6. The signature of the chairman of the board, attested by the county clerk, [.\mendment approved June 10, 1913; SUts. 1913, p. 6S2.J § 2763. Citations. Cal. 160/354. 355. Form of bonds. § 2764. The supervisors, by an order entered upon the minutes, shall prescribe the form of said bonds and of the interest coupons attached thereto, and shall fix the time when the several bonds sh.nll become due, not exceeding forty years from the date thereof. [Amendment approved June 10, 1913; Stats. 1913, p. 682.] Citations. Cal. 160/352. § 2773. Citations. Cal. 160/352. 358. 509 POLITICAL CODE. §§2843-2906 § 2843. Citations. Oal. 164/562, 563. No toll-bridge or ferry within one mile of one already established, except employees may transport themselves. § 2853. No toll-bridge or ferry must be established within one mile immediately above or below a regularly established ferry or toll-bridge, unless the situation of a town or village, the crossing of a public high- way, or the intersection of some creek or ravine renders it necessary for public convenience; provided, however, that notwitlistanding the grant or existence of such ferry franchise any employer may transport his or its own employees to and from their places of labor by means of boats owned or operated by such employers; and similarly all or any number less than all of the employees of the same employer may co- operatively or otherwise transport themselves to and from their places of labor in boats owned or operated in severalty or in common by them. But such transportation whether such boats be operated by the employer or the employees shall not be conducted for profit. In addi- tion to the public notice hereinafter required, notice of intention to apply for authority to erect a toll-bridge or ferry, as in this section provided, must be served upon the proprieter of the ferry or toll-bridge already established at least ten days prior thereto, giving the time and place and grounds of such application. [Amendment approved June 6, 1913; Stats. 1913, p. 791.] § 2870. Citations. C»l. 164/563. § 2872. Citations. Cal. 164/563. § 2892. Citations. Cal. 161/674. § 2893. Citations. Cal. 161/674. Not applicable to municipal ferry. § 2896. The provisions of article 1 and of article 3 of this chapter shall not apply to or affect any ferry owned or operated as a municipal ferry by any city and county, or incorporated city or town in this state, over waters situated in whole or in part within the limit of such city and countv, incorporated city or town. [New section added April 10, 1911; Stats. 1911, p. 849.] Supervisors may grant authority to constract wharf, etc. § 2906. The boards of supervisors of every county in this state may, upon approval of the railroad commission, grant authority to any per- §§ 2907-2979a political code. 510 son or corjioration to construct a wharf, chute, or pier, on any lao'ls bordering on any navigable bay, lake, inlet, creek, slough or arm of the sea, situated in or bounding their counties, respectively, with a license to take tolls for the use of the same for the term "of twenty years. [Amendment approved June 14, 1913; Stats. 1913, p. 947.] Citations. Cal. 163/545. § 2907. Citations. Cal. 163/545, 546. § 2910. Citations. Cal 163/545, 546. § 2911. Citations. Cal. 161/620; 163/545, 546, 548. § 2914. Citations. Cal. 163/545, 546. § 2920. Citations. Cal. 163/545. § 2931. Citations. App. 16/678. Duties of coroner regarding contagious diseases. Duties of physician. Duties of state board of health. § 2979a. Jt is the duty of -eacli coroner, and of everj' county, city and county, city or town health ofllcer, and every member of the local board of health, knowing, or having reason to believe that any case of cholera, plague, yellow fever, lejirosy, diplitheria. scarlet fever, small- pox, tyjihus fever, typhoid fever, anthrax, glanders, epidemic cerebro- spinal meningitis, tuberculosis, pneumonia, dysentery, erysipelas, un- cinariasis or hookworm, tr.tclionia, dengue, tetanus, measles, German measles, chickenpox, whooping-cough, mumps, pellagra, beriberi, syphilis, gonococcus infection, rabies, poliomyelitis, or any other contagious or infectious disease exists, or has recently existed, within the city, county, city and county, town, or township of which he is such officer, to take such measures as may be necessary to prevent the spread of such dis- ease, and to report at once in writing such cases to the secretary of the state board of health at Sacramento. It is also the duty of every attending or consulting physician, nurse, or other person having charge of or caring for any person afflicted with any of said contagious diseases, to report at once in writing to the local board of health or local health officer the nature of the disease, the name of the person attiicted and the place of his or her confinenirnt; provided, however, that syphilis and gonococcus infection shall b« re ported by office number only. 511 POLITICAL CODE. §§ 2981, 2982 The state board of health, or its secretary, upon being informed of any such contagious or infectious disease, may thereupon take such measures as may be necessary to ascertain the nature of such disease and prevent the spread of such contagion, and to that end, said state bdard of healtli, or its secretary, may, if deemed proper, take posses- sion or control of the body of any living person, or the corpse of any deceased person, and may direct and take such means as may be deemed expedient to arrest or prevent the further spread of such disease. [Amendment approved March 22, 1911; Stats. 1911, p. 430.] Meetings of state board of health. Secretary. Expenses. § 2981. The board must meet at least once in every three months, at Sacramento, unless otherwise hereafter provided by law. Four members shall constitute a quorum for the transaction of any business. Special meetings may be held upon the call of the president or secretary. Notice of all meetings must be given by the secretary, by mailing such notice to the members of the board at least three days prior to the date of such meetings. The members must elect from their own number a president, a vice-president and a permanent secretary. In the absence of the secretary, or a vacancy in his office, the vice-president shall' perform the duties of and exercise the powers of the secretary. The secretary shall be a civil executive officer and shall also be the executive officer of the board. He must devote his entire time to the duties of the office, and his office shall be kept at the same place where the meetings of the state board of health are required by law to be held. The members of the board shall receive their actual and necessary traveling expenses while in the service of the board. Such expenses, shall be paid out of the general fund of the state treasury. [Amend- ment' approved May 19, 1913; Stats. 1913, p. 208.] Secretary of state board of health, salary, duties. Assistant. § 2982. The secretary of the state board of health shall receive an annual salary of thirty-six hundred dollars and necessary expenses incurred in the performance of his duties. He shall enforce all orders and regulations of the state board of health, and shall vigilantly observe sanitary conditions throughout the state, and take all necessary precau- tions to protect it in its sanitary relations with other states and coun- tries. He shall keep an accurate record of the proceedings of the state board of health and of his own acts, and shall file a written report of the same at each regular meeting of the board. There shall be an assistant to the secretary of the state board of health, who shall be appointed by and hold office at the pleasure of, and perform such duties as shall be prescribed by, said board. The assistant to the secretary of the state board of health shall receive an annual salary of twenty-four hundred dollars. The salaries of the secretary' and assistant to the secretary shall be paid out of the general fund at the times and in the manner in which §§ 3025-3084 political code. 512 state officers are paid. [Amendment approved May 1, 1911; Stats. 1911, p. 1260.] § 3025. Citations. App. 8/302. Employees of state board of health. § 3075. There shall be a clerk to the state board of health, and a competent statistician, a deputy statistician, and two copyists to a««ist the state registrar of the bnrrau of vital statistics, all of whom ?h:in be appointed by, and hold office at the pleasure of, the state board >>f health. The clerk shall receive an annual salary of si.xteen hundred dollars, the statistician an annual salary of twenty-four hundred dollars, the deputy statistician an annual salary of sixteen hundred dollars, and the copyists each an annual salary of nine hundred dollars. All such salaries shall be paid in the same manner and at the same time as the salaries of state officers. The state board of health may employ and fix the compensation of other additional clerical and professional assistants, but such compensation shall be paid from its fund for con- tingent expenses, provided in the general appropriation act. [Amend- ment approved May 1, 1911; Stats. 1911, p. 1261,] Citationa. Cal. 160/544. § 3077. Citations. Cal. 160/544. Burial permit. Removal of body. Superintendent's report. Health officer's report. § 3084. No person, firm or corporation shall deposit in any cemetery, or inter in any conietpry in any county, city, or city and county in this state, any human body without first having obtained and filed with the board of health, or health officer, of the city, city and county, or county where the death occurred, a certificate, signed by a physician, or a coroner, setting forth as near as possible, the name, age color, sex. place of birth, occupation, date, locality and the cause of death of the deceased, and obtain from said board of health or health officer a burial permit; nor shall any human body be removed or disinterree sued. The trustees of any reclamation district may commence a proceeding in the superior court of the county where the greater portion of the district is situated to determine the legality of the existence of such district. The complaint in such proceeding shall describe the district by number and the exterior boundaries thereof, and shall contain a prayer that sufh district be nd.iudged a legal reclamation district. The summons in such proceeding shall be served by publishing a copy thereof for four weeks in some newspaper of general circulation published in each county whore auy part -of said district is situated. Within thirty days after the last publication of said summons any person who may be interested may appear and answer said complaint, in which answer the facts relied upon to show the invalidity of the district shall be set forth. If no answer shall be filed, the court must render ,indg- ment as prayed for in the complaint. If any answer shall be filed, the court shall thereafter proceed as in other civil cases, but no district shall be adjudged invalid when it appears that such district has for five years prior to the commencement of such proceeding been prosecuting or maintaining its works of reclamation in good faith. The proceeding under this section is hereby declared to be a proceeding in rem. and the judgment rendered therein shall be conclusive against all persons whomsoever and against the state of California. 521 roi.iTicAL CODE. §§ 3454, 3455 No proceeding in quo warranto, nor any similar action, or proceeding, shall be maintained in the name of the people of the state of California against any reclamation district that t-3^76 the same manner as other assessments; provided, that where said prop- erty shall have been deeded to the district and shall not have been pold by the trustees, the same shall not be offered for sale for subse- quent installments of said assessment so long as the district shall remain the owner of said property, but the trustees may sell said property at any time at public auction after notice given for the same period and in the same manner as is herein provided for sales for delinquent install- ments, but not for a sum less than all delinquent unpaid installments, with accrued interest and penalties, and the deed executed in pursuance of such sale shall convey said property free of all encumbrances, except state, county and other municipal taxes and the unpaid balance of said assessment. Assessments heretofore made in any reclamation district shall be validated and collected in the manner provided by law at the time such assessments were made. [Amendment approved April 5, 1911; Stats. 1911, p. 645.] ^ Citations. Cal. 156/532, 533; 162/403, 404, 406, Invalid assessment. § 3466V2- 111 all cases in which an assessment shall hfive been levied or shall hereafter be levied for reclamation purposes upon the lands embraced within any reclamation district, and if the assessment upon any tract or tracts of land shall have thereafter been adjudged invalid by any court of competent jurisdiction, or if, for any reason, any tract or tracts of land shall not have been charged with said assessment, then such tract or. tracts of land shall be charged in any subsequent assess- ment with such proportion of the former assessment, as the benefits derived by said land from the reclamation works for which the former assessment was levied bears to the whole amount of said former assess- ment; or a subsequent reassessment of such tract or tracts of land may be made separately for the purpose of charging said land with its proper proportion of the costs of reclamation. Such reassessment shall be made by commissioners appointed by the board of supervisors as provided in section 3456 of this code, and must be made and approved in the same manner as other assessments. [Amendment approved April 5, 1911; Stats. 1911, p. 647.] Citations. Cal. 158/200, 204, 205, 206. § 3472. Citations. Cal. 156/484. Power of supervisors to let contracts, etc. § 3475. [Repealed April 5, 1911; Stats. 1911, p. 656.] Certificate of completion of work. § 3476. Whenever the trustees, or owners of land, if there be no trustees, certify under oath to the board of supervisors of the county where the greater part of the district is situated, and show to their satisfaction that the works of reclamation are completed, or that two §§3478-3480 poi.itical code. 528 dollars per acre, in gold coin, has been expended on the works of recla- mation, the board of supervisors must thereupon certify such facts to the register. When the works ^f reclamation are completed, and any money remains in the county treasury to the credit of any district, or when for any reason there is any money to the credit of said air the value of the lands or the value of the improve- ments thereon; provided, this act shall not apply when such lands have been redeemed from sale or have been sold and disposed of by the state. Violation of any of the provisions of this section shall constitute a mis- demeanor. [New section approved June 10, 1913; Stats. 1913, p. 557.] 551 POLITICAL CODE. §§ 3776-3785 Record of sale kept by collector, etc. § 3776. The tax collector must enter in appropriate columns in the delinquent list opposite the description of each parcel of land sold the date of sale and the total amount for which such parcel of land was sold. In case of a subsequent redemption the auditor must make a note of such redemption and the date thereof on the margin of the delin- quent list opposite the description of the land sold. Wherever by any other section of this code, provision is made for the cancellation of a certificate of tax sale, the tax sale itself may be canceled for like rea- sons by the same board or officer mentioned in said sections; and when- ever any sale is so canceled, the auditor shall be notified thereof and shall enter the fact and date of such cancellation upon the margin of the delinquent list opposite the description of the property involved. [Amendment approved May 1, 1911; Stats. 1911, p. 1436.] Citatiorvs. Cal. 157/056; 162/210, 211. App. 13/433. Record of certificates of tax sale. § 3777. [Eepealed May 1, 1911; Stats. 1911, p. 1436.] § 3780. Citations. Cal. 160/526; 161/327; 164/299. App. 9/471. Tax deeds made after five years. Form. No charge. Deed recorded. Controller to furnish blank deeds. State lands not fully paid for. § 3785. If the property is not redeemed within five years from the date of the sale to the state, the tax collector, or his successor in office, must make the state a deed of the property. Said deed shall be in substance and may be in form, as follows: "This indenture, made the day of , 19 — , between , tax collector of the county of , state of California, first party, and the state of California, second party witnesseth: That whereas the real property hereinafter described was duly as sessed for taxation in the year 19 — to (stating name as on assess- ment-roll) and was thereafter on the day of , 19 — , duly sold to the state of California by , tax collector of said county of , for nonpayment of delinquent taxes which had been legally levied in said year 19 — , and were a lien on said real property, the total amount for which the same was sold being . And whereas the period of five years has elapsed since said sale and no person has redeemed the said property. Now, therefore, the said first party in consideration of the premises, and in pursuance of the statute in such case made and provided does hereby grant to the said second party that certain real property in the county of , state of California, more particularly described as fol- lows, to wit: * * §§ 3785a, 3785b politic.vl code. 552 In witness whereof said first party has hereunto set his hand the day and year first above written. Tax Collector of the County of ." Xo other matters need be recited in the said deed than those provided for in the above form, whether the sale is made before or after this act takes effect. Xo charge shall be made by the tax collector for the making of any such deed, and the acknowledgment of all such deeds shall be taken by the county clerk free of charge. All such deeds shall be recorded in the office of the county recorder of the county wherein the property sold is situated, and said recorder shall make no charge therefor; provided, that in counties where the county recorders are paid no salaries, but fees only, such recorders shall receive for filing, record- ing and indexing each deed, the sum of seventy-five cents, payable out of the county treasury in the same manner that other claims are paid. The state controller shall provide uniform blank deeds, upon which all conveyances to the state under the provisions of this section shall be made. All such deeds, after being duly recorded, as herein provided, shall be forwarded by the county recorder to the controller. The con troller shall record such deeds at length in a book to be provided for that purpose, in which book a marginal space shall be left to show the subsequent disposition of the property by the state; provided, however, that when state lands have been sold to the state upon which the full purchase price has not been paid, the deeds to the state, after being duly recorded, as herein provided, shall be forwarded by the county recorder to the surveyor general and remain on file in his office, and the state shall dispose of such lands in the manner provided in section 3788; pro- vided, however, that in all cases where land has been heretofore sold for delinquent taxes to purchasers other than the state of California, the dceil therefor must have been made within the time allowed under the provisions of that certain act entitled "-\n act to amend section 3783 of the Political Code of the state of California, relating to the issu- ance of tax deeds," approved March 23, 1907, and unless the deed has been so made, the purchaser shall be deemed to have relinquished all his rights under such sale, [.\mendment approved April 25, 1911; Stats. 1911, p. 1102.] Citations. Cal. 157/656; 159/461; 161/327; 162/208. 209. 210, 211. 2.34, 869, :i87; 16.3/254; 164/298. App. 9/172, 175, 471; 10/265, 266; 12/568, 570; 15/605; 19/323. § 3785a. Citations. App. 19/133, 134. Deed to purchaser. Form of deed. No charge for deed. § 3785b. When property has been sold to a purchaser at delinquent tax sale, other than the state of California, in pursuance of section 3771 of this code, the tax collector must forthwith execute a deed to such 553 POLITICAL CODE, § 3786 purchaser, or his assigns, conveying said property; provided, no deed shall be delivered in any event until redemption has been made of such property and all taxes, penalties, interest and charges have been paid which may have been accrued by reason of any previous tax sale or de- linquency. Said deed shall be in substance and may be in form as fol- lows : "This indenture, made the day of , 19 — , between , tax collector of the county of , state of California, first part, and , second party, wituesseth: That whereas the real property hereinafter described was duly assessed for taxation in the year 19 — to (stating name as on assessment- roll) and was thereafter on the day of , 19 — , duly sold to by , tax collector of said county of for nonpayment of de- linquent taxes which had been legally levied in said year 19 — , and were a lien on said real jiroperty, the total amount for which the same was sold being . And WTiereas, all taxes levied and assessed against said property prior to the year 19 — have been paid and discharged: Now, therefore, the said first party in consideration of the premises, and in pursuance of the statute in such case made and provided does hereby grant to the said second party that certain real property in the county of , state of California, more particularly described as fol- lows, to wit: * * In witness whereof said first partj' has hereunto set his hand the day and year first above written. > Tax collector of the county of ." No other matters need be recited in the said deed than those provided for in the above form, whether the sale is made before or after this act takes effect. No charge shall be made by the tax collector for the mak- ing of any such deed, and the acknowledgment of all such deeds shall be taken by the county clerk free of charge. The provisions of sections 3786 and 3787 of this code are hereby made applicable to the deed herein provided for. [New section approved June 10, 1913; Stats. 1913, p. 558.] Evidence of tax deed. § 3786. Such deed, duly acknowledged or proved, is primary evidence that: 1. The property was assessed as required by law; 2. The property was equalized as required by law; 3. The taxes were levied in accordance with law; 4. The taxes were not paid; 5. At a proper time and place the property was sold as prescribed by law, and by the proper officer; 6. The property was not redeemed; 7. The person who executed the deed was the proper officer; §§3737,3788 political code. 554 8. Where the real estate was sold to pay a poll tax or taxes on per- sonal property, that the real estate belonged to the person liable to pay the tax. [Amendment approved April 25, 1911; Stats. 1911, p. 1102.] Citations. Cal. 156/.574, 575; 157/654; 159/463; 162/209, 210. App. 9/ 175; 13/433. Tax deed conclusive evidence. § 3787. Such deed, duly acknowledged or proved, is (except as against actual fraud) conclusive evidence of the regularity of all other proceed- ings, from the assessment by the assessor, inclusive, up to the execution of the deed. Such deed conveys to the state the absolute title to the property described therein, free of all encumbrances, except any lien of taxes levied for municipal purposes, and except when the land is owned by the United States, or this state, in which case it is prima facie evi- dence of the right of possession, accrued as of the date of the deed to the state. [Amendment approved June 10. 1913; Stats. 1913, p. 559.] Citations. Cal. 157/654; 159/463; 160/527. 528; 162/210; 163/51: 164/ 299. App. 9/173, 175, 471; 10/265; 13/434. Lands sold to state for taxes subject to entry. Bestoration to former estate. Distribution of money received. § 3788. When state lauds, upon which the full purchase price has not been paid, have been sold to the state for delinquent taxes, and the deed therefor to the state provided for in section 3785 of this code, has been forwarded to and filed with the surveyor general, the said lands shall again become subject to entry and sale, in the same manner, and subject to the same conditions, as apjily to other state lands of like character, except that the former possessors or owners of the land thus deeded to the state, their heirs or assigns, shall he preferred purchisers thereof for the period of six months after the deeds are filed with the surveyor general, as prescribed in this section; during which said period of six months no application by any person other than said former possessors, or owners, their heirs or assigns, shall be filed; and provided, further, that the former possessors or owners of said land thus deeded to the state, their heirs or assigns, shall have the right to be restored to their former estate and title (at any time either during the said period of six months above referred to, or afterward, and before application for said land is made and filed with the surveyor general by any other person) upon paying to the county treasurer of the county wherein the said land is situated a sum equivalent to the taxes, penalties, costs and accruing costs by virtue whereof the state became a purchaser of the said lauds, and also, all delinquent taxes, penalties, and costs which may have accrued upon such lands subsequent to the date of the certificate of purchase under which the former possessors or owners, or their heirs and assigns, claim title to said lands and also all unpaid interest up to the first dav of .Tanuary, as hereinafter provided, which said money so paid into the treasury shall be distributed in the manner prescribed in 555 POLITICAL CODE. § 3788 section 3816; provided, that the money received for twenty per cent of the pui-chase money and accruing interest, together with the principal, in case of full payment on the lands, shall be distributed by the sur- veyor general, in the manner now provided by law for such distribution. If such former owner or possessor, his heirs or assigns desires to avail himself of the privileges hereof, he shall file with the surveyor general the receipt of the county treasurer, showing the payment of all such taxes, together with all unpaid interest up to the first day of January following the date when he shall make the said payment to the said county treasurer, and thereupon the surveyor general shall give to such person a certificate signed and sealed by him, but which need not be acknowledged, showing full payment of all such sums, which said re- ceipt of the surveyor general shall be recorded by said persons in the county recorder's office of the county wherein the said lands are situated, and tlie said receipt, when so recorded, shall have the same effect as a deed of reconveyance of the interest conveyed by such deed, and the said former owner or possessor, his heirs or assigns, shall thereby be restored to all his rights in the said lands, and his certificate of pur- chase shall be in full force and effect as effectually as though no sale had been made; but the surveyor general shall not receive or file any application or make a sale of any lands thus deeded to the state, except upon the previous payment into the state treasury, as other moneys are required to be paid therein, in addition to the price of said lands as compared with the price fixed for other state lands of like character, by the person or persons proposing to file the application and make the purchase, of a sum equal to the delinquent taxes, penalties, costs and accruing costs, by virtue whereof the state became a purchaser of the lands thus sought to be entered or purchased, and also all delinquent taxes, penalties and costs which may have accrued upon such lands prior to and subsequent to the date of the sale to the state in pursuance of which the state received a deed therefor, and the surveyor general's authorit.y for filing said application, if said lands are otherwise subject to sale, shall be the production by said applicant of the county treasurer's receipts showing full payment of the delinquent taxes, penalties and costs as herein specified. If an application for the land is not presented to the surveyor general's office by the party, or his agent, who paid the delinquent taxes, penalties and costs, by virtue whereof the state became a purchaser of said land, within a period of fifteen days after the payment thereof, the land shall be subject to sale to the first person presenting his application for said land to the surveyor general's office, accompanied by a certified copy of the auditor's estimate and treasurer's receipt, showing tuU payment of all delinquent taxes, penalties and costs, as herein specified. An estimate of the amount of delinquent taxes, penalties and costs, as herein specified, must be made by the county auditor of the county wherein the land is situated, upon the written request for same by the surveyor general, and without cost to the state. Said county auditor's estimate shall include all delinquent taxes, penal- §§ 3789-3799 political code. 556 ties and costs, as shown by the records in the state land office, by virtue whereof the state became a purchaser of the land thus sought to be entered or purchased, and also all delinquent taxes, penalties and costs which may have accrued upon such lands prior to and snbsequent to the date of the sale to the state, in pursuance of which the state received a deed therefor. The money thus paid into the treasury shall be distrib- uted in the manner prescribed in section 3816; provided, that the moneys received for twenty per cent of the purchase money and accruing inter- est, together with the principal, in case of full payment on the lands, shall be distributed by the surveyor general, in the manner now pro- vided by law for such distribution. Nothing in this section contained shall apply to land situated within the exterior boundaries of a military, Indian or forest reservation created by authority of the United States. or of a national forest, national park or national monument, or within the exterior boundaries of lands withdrawn from public entry for forest purposes. [Amendment approved May 1, 1911; Stats, 1911, p. 1417.] Citations. App. 9/471; 12/568, 569, 570, 571. § 3789. Citations. Cal. 160/127, 525. § 3791. Citations. Cal. 155/147. § 3792. Citations. Cal. 155/147. Fees for selling personal property. § 3793. For seizing or selling personal property for taxes, the as- sessor may charge in each case the sum of three dollars and the costs if said personal property is advertised, of advertising the same, and in addition thereto the same mileage and keeper's fees, as is allowed by law to the sheriff of the county when seizing and keeping property, subject to execution, uiuler attachment. [Amendment approved March 7, 1911; Stats. 1911, p. 29,^^.] Citations. Cal. 155/147. § 3794. Citations. Cal. 155/147. § 3795. Citations. • Cal. 155/147, § 3796. Citations. Cal. 155/147. § 3799. Citations. Cal. 160/525. 557 POLITICAL CODE. § 3804 Erroneously collected taxes. Supervisors may refund. In school district. Verified claim. § 3804. Any taxes, penalties or costs thereon heretofore or hereafter paid more than once, or heretofore or hereafter erroneously or illegally collected, or any taxes heretofore or hereafter paid upon an assessment in excess of the actual cash value of the property so assessed by reason of a clerical error of the assessor as to the excess in such cases, or any taxes heretofore or hereafter paid upon an erroneous assessment of im- provements on real estate not in fact in existence when said taxes be- came a lien, may, by order of the board of supervisors, be refunded by the county treasurer. Whenever any payment shall have been made to the state treasurer by the county treasurer as provided by section 3865 and section 3866 of this code, and it shall afterward appear to the satis- faction of the board of supervisors that a portion of the money so paid should be refunded as herein provided, said board of supervisors may refund such portion of the said taxes, penalties and costs so paid to the state treasurer, to the person paying the same or to his guardian, or in case of his death, to his executor or administrator, out of the general fund, and upon the rendering of the report required by section 3868 of this code the auditor shall certify to the controller, in such form as the controller may prescribe, all amounts so refunded, and in the next settlement of the county treasurer with the state, the con- troller, if satisfied of the legality of such refunding by the said board, shall give such treasurer credit for the state's portion of the amounts so refunded, as prescribed in section 3871 of this code. When the taxes, penalties and costs hereinbefore referred to are levied in behalf of any school district or any municipal or other public corporation, and col- lected by the officers of the county, the same may be refunded upon order of the board of supervisors, and the county treasurer shall pay the amount to be refunded out of any money in his possession belonging to the appropriate fund of such school district or municipal or other public corporation. No order for the refund of taxes, penalties or costs under this section shall be made except upon a verified claim therefor verified by the person who has paid said tax, or by his guardian, or in case of his death, by his executor or administrator, which said claim must be filed within three years after the making of the payment sought to be refunded. In no case shall any judgment be rendered in favor of plaintiff in any action brought for the enforcement or allowance of any rights or claims under this section (except in actions brought by the county treasurer to enforce any credits hereinabove provided for) if the said action be brought by an assignee of the person paying said tax, or by any person other than the person who has paid said tax, or bv his guardian, or in case of his death, by his executor or administrator. [Amendment approved May 19, 1913; Stats. 1913, p. 228.] Citations. Cal. 155/145: 157/769, 770: 160/77, 78, 79; 163/112; 164/102, 103. App. 14/456, 457, 459, 460, 461; 15/613. §§ 3804a-3819 political code. 558 Cancellation of erroneous tax assessments. § 3804a. When property that is exempt from taxation Las been er- roneously assessed, or when improvements which did not in fact exist when the tax became a lien, have been erroneously assessed on real estate, the board of supervisors may, upon satisfactory proof thereof. with the written consent of the district attorney, and by an order en- tered upon its minutes, direct the auditor to cancel such assessment; and if real property has been sold to the state for nonpayment of the tax levied on such propert}' or improvements so erroneously assessed, and a certificate of sale or deed therefor has been issued to the state, and the state has not disposed of the property so sold, the order of the board shall also direct the recorder to cancel the certificate of sale or deed so issued, so far as the same relates to such exempt property or nonexistiug improvements. In the city and county of San Francisco the written consent of the citv attorney shall have the same effect as the written consent of the district attorney. [New section approved March 8, 1911; Stats. 1911, p. 312.] § 3806. Citations. App. 8/232; 15/713. § 3807. Citations. Gal. 164/299. § 3813. Citatlona. App. 19/323. § 3815. Citations. App. 19/323. § 3816. Citations. App. 12/570; 19/324. § 3817. Citations. Cal. 1C0/J2G; 161'';i27; 162/231. App. 9/471; 13/434; 19/322. 321, 3J5. Payment of taxes under protest. Action within six months. Amount due county from state. § 3819. At any time after the assessment-book has been received by the tax collector, and the taxes have become payable, the owner of any property assessed therein, who may claim that the assessment is void in whole or in part, may pay the same to the tax collector under protest, which protest shall be in writing, and shall specify whether the whole as?e!?s!nent is claimed to be void, or if a part only, what por- tion, and in eitlier case the grounds upon which such claim is founded and when so paid under protest, the payment shall in no case be re- garded as voluntary payment, and such owner may at any time within 559 POLITICAL CODE. §§ 3820-382? six months after such payment bring an action against the county, in the superior court, to recover back the tax so paid under protest j pro- vided, however, that no recovery shall be had in any such action unless such action be brought by such owner or his guardian, or in case of his or her death, by his or her executor or administrator; and provided, further, that no recovery shall be had in such action if the same be brought by an assignee of such owner, or by anyon6 other than the persons last hereinabove designated. And if it shall be adjudged that the assessment, or the part thereof referred to in the protest, was void on the ground specified in the protest, judgment shall be entered against such county therefor; provided, that no assessment shall be declared void on account of deductions being made for mortgages where part pay- ments have been made and not released upon the record. On the pay- ment of any such judgment, such part of the tax recovered thereby as may have been paid by the county treasurer into the state treasury, shall be regarded as an amount due the county from the state, and shall be deducted in the next settlement had by the county with the con- troller; such deductions to be made in the manner that other deductions are made, as provided in section 3871 of this code. [Amendment ap- proved June 16, 1913; Stats. 1913, p. 948.] Citations. Cal. 160/76, 77; 163/112; 164/102, 103. App. 13/432; 14/460. § 3820. Citations. Cal. 155/146, 147. App. 19/704. 707. § 3821. Citations. Cal. 155/147. App. 19/704. § 3822. Citations. Cal. 155/147. Amount of personal taxes. § 3823. The assessor shall be governed as to the amount of taxes to be collected by him, upon personal property, by the state and county rate, the special school district, road district, and other local district rates for the locality in which such personal property is taxable, for the previous year; provided, that for the assessment year one thousand nine hundred and eleven, beginning on the first Monday in March of said year, the state rate within the meaning of this section shall be six cents on each one hundred dollars of taxable property. [Amendment approved March 4, 1911; Stats. 1911, p. 272.] Citations. App. 19/704. § 3824. Citations. App. 19/704, 705, 706, 707. § 3827. Citations. App. 19/704, 711, 712. §§ 3828-3897 political code. 560 § 3828. Citations. App. 19/703, 704, 711, 712. § 3881. Citations. Cal. 164/43. § 3885. Citations. Cal. l.'58/710; 164/43. App. 10/189; 11/206. § 3887. Citations. Cal. 155/143. Sale of property sold to state for taxes. Publication of notice. Copy mailed to last owner. Sale to highest bidder. When property may be sold for less than taxes and penalties. Expense of notice. When advertising may be at county expense. § 3897. Whenever the state shall become the owner of any property sold for taxes and the deed to the state has been filed with the con- troller as i)rovided in section 3785, the controller may thereupon by a written authorization direct the tax collector of the county or city and county to sell the property or any part thereof as in his judgment he shall deem advisable in the manner following: He must give notice of such sale by first publishing .i notice for at least three successive weeks in some newspaper publisheil in the county or city and county, or if there be no newspaper publishes, whose names appear upon the great register of the county at the last general election. [Amendment approved February 9, 1911j Stats. 1911, p. 12.] Citations. App. 19/142, 714, 716, 717, 718, 719. Consolidation of county offices. § 4017. In counties where the board of supervisors by proper ordi- nance so elect, except as otherwise provided in this title, the duties of certain of the offices mentioned in section 4013 are hereby consol- idated as follows: sheriff and tax collector; auditor and recorder; county clerk, auditor and recorder; county clerk and recorder; county clerk and auditor; treasurer and tax collector; treasurer and recorder; assessor and tax collector; public administrator and coroner; district attorney and coroner; sheriff and public administrator. [Amendment approved May 22, 1913; Stats. 1913, p. 436.] Also amended January 10, 1912 (Stats. Ex. Sess. 1911, p. 216). Offices not consolidated must be filled. § •i020. When there is an omission by the board of supervisors to consolidate and to advertise the consolidation of offices as in this article authorized, each office not so consolidated must be filled by an election or an appointment in the manner provided by law. [Amendment ap- proved January 10, 1912; Stats. Ex. Sess. 1911, p. 217.] Election of county and township officers. When county charter is adopted. § 4021. All elective county and township officers, except otherwise provided for in this title and by law, shall be elected at the general elec- § 4021a POLITICAL CODE. 572 tion at which the governor is elected, and shall take ofRoe at 12 o'clock meridian on the first Monday after the first day of January next succeeding their election. All officers elected under the provisions of this title shall hold office until their successors are elected or appointed and qualified. Supervisors shall be elected at the general election prior to expiration of the term of the incumbent. The supervisors of any county created after the first day of July, nineteen hundred and seven, shall, within six months after the first general election succeeding the creation of such county, classify thf^mselves by lot into two classes, as nearly equal in number as possible, and the term of ofiice of the class having the greater number shall expire in two years from such general election, and the term of office of the class having the lesser number shall terminate in four years from such general election; provided, that whenever any county has heretofore framed and adopted a charter for its own government, under the provisions of section 7'A of article 11 of the constitution of this state, and such charter has been hereto- fore approved by the legislature, as provided in said section of the con- stitution, and such charter shall jirovide for the appointment of all or any of such county or township officers, then such officers first to be appointed iinder the provisions of such charter shall be deemed the successors of the like elective officers in office at the time of the approval of such charter, which elective officers shall continue to hold office for the term for which they were elected and until the appoint- ment and qualification of their successors under such charter; and no election for any such officer whose successor is so to be appointed shall be had a^ any election held subsequent to the approval of such charter, except to fill a vacancv for an unexpired term. [Amendment approved June 16, 1913; Stats. 1913, p. 1373.] Recall of officers of counties or subdivisions thereof. Petition for re- moval. Examination by clerk. Supplemental petition. Election. Nominations. Contents of ballot. Successor to officer removed. Duty of registrar of voters. § 4021a. The Imldcr of any elective office of any county or of any township or supervisor district thereof, may be removed or recalled at any time by the electors; provided, he has held his office at least six months. The provisions of this section are intended to apply to officials now in office, as well as to those hereafter elected. The procedure to effect such removal or recall shall be as follows: A petition demanding the election of a successor to the person sought to be removed shall be filed with the county clerk, which petition shall be signed by registered voters equal in number to at least twenty per cent of the entire vote cast within such county for all candidates for the office which the incumbent, sought to be removed, occupies at the last preceding general election at which such officer was voted for (or a like percentage of such vote within those precincts of the county embraced within the district, township or subdivision of th« county 573 POLITICAL CODE. § 4021a ^ entitled to vote for a successor to the officer named, in case of an official not elected by the county at large), and shall contain a statement of the grounds on which the removal or recall is sought, which statement is in- tended solely for the information of the electors. Any insufficiency of form or substance in such statement shall in nowise affect the validity of the election and proceedings held thereunder. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of residence and occupation, giving street and number, where such street and number, or either, exist, and if no street or number exist, then such a designation of the place of residence as will enable the location to be readily ascertained. Each such separate paper shall have attached thereto an affidavit made by a qualified elector of the county (or particular subdivision of the county, as the case may be) and sworn to before an officer competent to administer oaths, stating that the affiant circulated that particular paper and saw written the signatures appended thereto; and that according to the best information and belief of the affiant, each is the genuine signature of the person whose name purports to be thereunto subscribed and of a qualified elector of the county (or particular subdivision thereof). Within ten days from the date of filing such petition, the clerk shall examine and from the records of registration ascertain whether or not said petition is signed by the requisite number of qualified electors, and he shall attach to said petition his certificate showing the result of said examination. If by the clerk's certificate the petition is shown to be insufficient, it may be supplemented within ten days from the date of such certificate, by the filing of additional papers, duplicates of the original petition except as to the names signed. The clerk shall, within ten days after such supplementing papers are filed, make like exami- nation of the supplementing petition, and if his certificate shall show that all the names to such petition, including the supplemental papers, are still insufficient, no action shall be taken thereon; but the petition shall remain on file as a public record; and the failure to secure suf- ficient names shall be without prejudice to the filing later of an entirely new petition to the same effect. If required by the clerk, the board of supervisors shall authorize him to employ, and shall provide for the compensation of, persons necessary in the examination of said petition and supplementing petitions, all in addition to the persons regularly employed by him in his office. In case the clerk is the officer sought to be recalled, the duties herein provided to be performed by him, shall be performed by some other person designated by said board, for that purpose. If the petition shall be found to be sufficient, the clerk shall submit the same to the board of supervisors without delay, whereupon the board shall forthwith cause a special election to be held within not less than thirtj^-five nor more than forty days after the date of the order calling such election, to determine whether the voters will recall such officer; provided, that if a general election is to occur within sixty days from the date of the order calling such election, the board may § 4021a POLITICAL CODE. 574 in its discretion postpone the holding of such election to snch general election or submit such recall election at any such general election occur- ring not less than thirty-five days after such order. If a vacancy occur in sayl office after a recall petition is filed, the election shall neverthe- less proceed as in this section provided. One petition is suflScient to propose the removal and election of one or more elective officials. One election is competent for the removal and election of one or more elec- tive officials. Nominations for any office under such recall election shall be made by petition in the manner prescribed by section 1188 of this code; except that no party affiliation of candidate, signer or verification deputy shall be given, nor shall the election as a convention delegate or participation in a primary election be any bar to signing such petition. T'pon the sample ballot there shall be printed in not more than two hundred words the reasons set forth in the recall petition for demanding the recall of the offii-er, and upon the same ballot in not more than two hundred words, the oflicer may justify his course in office. There shall be printed on the recall ballot, as to every officer whose recall is to be voted on thereat, the following question: "Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of the office)?" following which question shall be the words "Yes" and "No" on separate lines, with a blank space at the right of each, in which the voter shall indicate, by stamping a cross (X), his Aote for or against such recall. On such ballots, under each such question, there shall also be printed the names of those persDus who have been nominated in tlTe manner provided by law for the nomination of candidates for such office as candidates to succeed the person recalled, in case he shall be removed from office by said recall election; but no vote cast shall be counted for any candidate for said office unless the voter also voted on said question of the recall of the person sought to be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. If a majority of those voting on said question of the reiall of an}- incumbent from office shall vote "No," said incumbent shall continue in said office. If a majority shall vote "Yes," said incumbent shall thereupon be deemed removed from office, upon the qualification of his successor. The canvassers shall canvass all votes for candidates for said office and declare the result in like manner as in a regular election. If the vote at any such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office shall be thereby declared elected, for the remainder of the term. In case the person who received the highest number of votes shall tail to qualify within ten days after receiving the certificate of election, the office shall be deemed vacant and shall be filled according to law. Where the office of registrar of voters exists, the duties herein imposed upon the countv clerk shall be performed by said registrar of voters, [.\mcnd- ment approved January 2, 1912; Stats. Ex. Scss. 1911, p. 122.] This section added to the code April 3, 1911 (Stats. 1911, p. 580). 575 POLITICAL CODE. §§ 4023-4041 Qualifications necessary to hold ofllce. § 4023. No person is eligible to a county, district, or township office, who, at the time of his election, is not of the age of twenty-one years, or over, a citizen of the state, and an elector of the county, district, township, or other division, in which the duties of the office are to be exercised; provided, that no person shall hereafter be eligible to the office of district attorney who has not been admitted to practice in the supreme court of the state of California; and provided further, that the county livestock inspector shall, at the time of his appointment, be a duly qualified veterinary surgeon having on file in the office of the county clerk a certificate issue(l to him by the state veterinary medical board. [Amendment approved December 18, 1911; Stats. Ex. Sess. 1911, p. 15.] Citations. App. 18/444, 445. Powers of supervisors. § 4041. The boards of supervisors, in their respective counties shall have jurisdiction and power, under such limitations and restrictions as are prescribed by law: Supervise work of county officers. 1. To supervise the official conduct of all county officers, and officers of all districts and other subdivisions of the county and particularly those charged with the assessing, collecting, safekeeping, management, or disbursement of the public revenues; to see that they faithfully per- form their duties, direct prosecutions for delinquencies, and, when neces- sary, require them to renew their official bonds, make reports and present their books and accounts for inspection. Divide counties. 2. To divide the counties into townships, election, school, road, super- visor, sanitary, and other districts required by law, change the same, and create others, as convenience requires. Establish election districts. 3. To establish, abolish, and change election precincts, and to appoint inspectors, clerks and judges of election, canvass all election returns, declare the result, and order the county clerk to issue certificates thereof; provided, that no election precinct shall be established or abolished or the boundaries of any election preeinct changed within ninety days prior to any election. Build roads. 4. To acquire and take by purchase, condemnation or otherwise laud for the uses and purposes of public roads, highways, boulevards, turn- pikes, and other public ways, and to lay out, maintain, control, construct, repair, and manage public roads, boulevards, highways, turnpikes and other public ways, and to incur a bonded indebtedness for any such § 40-il POLITICAL CODE. 576 purposes; provided, that no such indebtedness shall be incurred for any of such purposes until after the question of the issue of bonds therefor shall have been submitted to the qualified electors of the county, at a special election called for that purpose, and two-thirds of the electors of the county voting at such election shall have voted in favor of issuing such bonds; said election to be called and held and said bonds, if authorized, to be issued, sold and made payable in the manner and form prescribed by section 4088 of this code. Said boards shall also have power to make and enforce rules and regulations for the protection, management, control and use of such public boulevards, roads, highways, turnpikes and other public ways. Maintain summer bridges. 4a. To construct, operate, manage or maintain summer bridges or ferries under such rules and regulations and at such times and places as they may deem necessary; such bridges or ferries to be paid for out of the county general fund. Maintain ferries. 5. To lay out, maintain, control, construct, repair and manage public ferries, wharves, chutes ane made unless a notice of the intention of the board of supervisors to make such purchase, describing the property to be pur- chased, the price to be paid therefor, from whom it is proposed to be purchased, and fixing the time when the board will moot to consum- mate such purchase, has been published for at least three weeks in some newspaper of general circulation published in the county; or if none be published in the county, then that [notice] has been posted at least three weeks prior to the time when the board meets to consummate such purchase in at least three public places in each supervisorial district. Build hospitals et<:. Work costing over five hundred dollars by con- tract. Advertise for bids. Award to lowest bidder. Work may be done by day labor. Employment of road labor. Emergency cases. 7. To construct or lease, liuiM or lebuild. furnish or refurnish or re- pair hospitals and almshousV^s, courthouse, jail, historical museum, county free library building, branch library building, art gallery, and such .nl POLITICAL CODE. §4041 uilier public buildings as may be necessary to carry out the work of tbe ( ounty goseiniiient, and to provide all necessary officers, employees, attendants, and supplies for the proper maintenance of the same; pro- \ ided, that a suitable graduate or graduates in medicine shall be apjiointed to attend to the indigent sick or dependent poor, or to the latients in such hospitals and almshouses; j)rovided, further, that the Iniard shall not let the care, maintenance, or attendance of such indigent sii k or dependent poor by contract to any person. Whenever the cost of construction of any bridge, wharf, chute, or other shipping facilities, i>i- of any hospital, almshouse, courthouse, jail, historical museum, county tree library building, branch library building, art gallery, or other ihlic buildings, or the cost of any repairs thereto, or furnishing thereof all exceed the sum of five hunl April 18, 1911; Stats. 1911. p. 94ii.] Publication of proceedings of supervisors. § 4049. Within ten days after each session of the board of super- visors, it must cause to be pubiislied a fair statement of all its proceed- ings. Any violation of this section or failure to comjily with its provi- sions is punishable by a fine of not less than five hundred dollars nor more than one thousand dollars, or by forfeiture of office, or by both. [Ameuduient approved March 23, 19il; Stats. 1911, p. 451.] 585 POLITICAL CODE. §§4056-4058 Supervisors to furnish data to state agricultiiral society. § 4056. [Repealed February 9, 1911; Stats. J911, p. 11.] Creation of fund for making exhibitions of products. § 4056b. The boards of supervisors of the several counties within the state of California, or any of them, are hereby authorized and em- powered to levy a special tax on the taxable property within their respective counties, for the purpose of creating a fund to be used for collecting, preparing, and maintaining an exhibition of the products and industries of the county at any domestic or foreign exposition, for the purpose of encouraging immigration and increasing trade in the products of the state of California; provided, the total tax levies for such purposes in any one year shall not exceed six cents on each one hundred dollars of taxable property in the county, according to the assessment-roll; provided, however, that no such levy shall be made by such board of supervisors except by a two-thirds vote of the members of the board. [New section approved April 18, 1911; Stats. 1911, p. 942.] Direct legislation by counties. Initiative. Ordinance proposed by elec- tors. Elections. Ballots used at elections. Arguments. Reference to people by supei"visors without petition. Copies sent to voters. Time of holding elections. Submission to people of ordinance;. Passed by supervisors. § 4058. Ordinances may also be enacted by and for any county of the state in the manner following: Any projiosed ordinance may be sub- mitted to the board of su()ervisors by a petition £led with the county clerk after being signed by qualified electors of the county not less in number than the percentages hereinafter required. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of residence and occupation, giving street and number, where such street and number, or either exist, and if no street and number exist, then such a designation of the place of resi- dence as will enable the location to be readily ascertained. Each such separate paper shall have attached thereto an affidavit made by an elector of the county, and sworn to before an officer competent to ad- minister oaths, stating that the affiant circulated that particular paper and saw written the signatures appended thereto; and that according to the best information and belief of the affiant each is the genuine sig- nature of the person whose name purports to be thereunto subscribed, and of a qualified elector of the county. Within ten days from the date of tiling such petition the county clerk shall examine and from the rec- ords of registration ascertain whether or not said petition is signed by the requisite number of qualified electors, and he shall attach to said petition his certificate showing the result of said examination. If by the clerk's certificate the petition is shown to be insufficient, it may be supplemented within ten days from the date of such certificate b}' the filing of additional papers duplicates of the original petition except § 4058 POLITICAL CODE. 586 as to the names signed. The clerk shall, within ten days after such supplementing papers are filed, makcj like examination of the supplement- ing petition, and if his certificate shall show that all the names to such petition, including the supplemental papers, are still insufficient, no action on the petition shall be mandatory on the board of supervisors; but the petition shall remain on file as a public record; and the failure to secure sufficient names shall be without prejudice to the filing later of an entirely new petition to the same or similar effect. If the peti- tion shall be found to be sufficient, the clerk shall submit the same to the board of supervisors at its next regular session. If the petition accompanying the proposed ordinance be signed by electors not less in number than twenty per cent of the entire vote cast within such county for all candidates for governor of the state, at the last preceding gen- eral election at which such governor was voted for, and contains a request that such ordinance be submitted forthwith to a vote of the people at a special election, then the board of supervisors shall either: (a) Pass such ordinance without alteration at the regular session at which it is jjrescjited and within ten days after it is presented; or, (b) Forthwith the su|)ervisors shall proceed to call a special election at which such ordinanort thereof not exceeding three hun- dred words in length, which argument shall be printed upon the sample ballot issued for said election. Upon the same ballot shall also be printed any argument of not exceeding three hundred words in length in opposition thereto, which may be prepared by the board of super- visors. If the provisions of two or more ordinances adopted at the same election conflict, then the ordinance receiving the highest number of affirmative votes shall control. The board of supervisors may submit to the people, without a petition therefor, a proposition for the repeal 01 any adopted ordinance or for amendments thereto or for the enact- ment of any new ordinance to be voted upon at any succeeding general or special election, and if such proposition so submitted receive a major- ity of the votes cast thereon at such election, such ordinance shall be repealed, r.mended or enacted accordingly. Whenever any ordinance or proposition is required by this section to be submitted to the voters of a count}' at anj' election, the county clerk shall cause the ordinance or proposition to be printed, and he shall mail a printed copy thereof, inclosed in an envelope, with a sample ballot to each voter, at least ten days prior to the election. Notice of the elec- tion shall be given by the board of supervisors by publication in some newspaper of general circulation throughout the county, to be designated by such board, for at least two weeks before the election. All the pro- visions of this section are to be liberally construed for the purpose of ascertaining and enforcing the will of the electors. The enacting clause of an ordinance passed by the vote of the electors shall be substantially in the following form: "The people of the county of do ordain as follows:" When a special election is to be called under the terms of this section it shall be held not less than thirty nor more than sixty days after the date of the presentation of the proposed ordinance to the board of supervisors, and shall be held as nearly as may be in accord- ance with the election laws of the state; provided, however, that,' to avoid holding more than one such election, within any six months, the date for holding such special election may he fixed later than such sixty days, but at as early a date as practicable after the expiration of such six months; provided, further, that when under any of the terms of this statute fixing the time within w'hich a special election shall be held it is made possible to hold the same within six months prior to a gen- eral election, the board of supervisors may, in its discretion, submit the proposed ordinance at such general election instead of at a special elec- §§4068-4075 political code. 588 tion. Except an ordinance calling, or otherwise relating to an election, no ordinance passed by the board of supervisors, except when other- wise specially required by the laws of the state, and except an ordi- nance for the immediate preservation of the public peace, health or safety, which contains a declaration of, and the facts constituting its urgency and is passed by a four-fifths vote of the board, and no ordi- nance granting a franchise shall go into effect before thirty days from its final passage; and if, during said thirty days, a petition signed by qualified electors of the county equal to ten per cent of the entire vote cast therein for all candidates for governor of the state at the last preceding general election at which a governor was voted for, protest- ing against the passage of such ordinance, be presented to the board, the same shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If said board shall thereupon not entirely repeal said ordinance, it shall submit the same to a vote of the electors either at a general election or a special election to be called for the purpose, and such ordinance shall not go into effect or become operative unless a majority of the voters voting upon the same shall vote in favor thereof. Such petitions and the provisions of the law relative to the duty of the clerk in regard thereto, and the manner of voting thereon, shall conform to the rules provided herein for the initiation of legislation by the electors. Duty of registrar of voters. Whore the ofUcc of registrar of voters exists, the duties herein im- posed upon the county clerk shall be performed by said registrar of voters. [Amendment approved January 2, 1912; Stats. Ex. Sess. 1911, p. 125.] This section was added to the code April 3, 1911 (Stats. 1911, p. 377). § 4068. Citations. Cal. 160/720, 721, 723. § 4069. Citations. 160/721. 723. § 4074. Citations. App. 15/582. Claims against counties to be itemized. § 4075. The bonrd of suiervisors must not hear or consider any claim in favor of anj' public ollicer, person, corporation, company, or associa- tion against the county, nor shall the board credit or allow any claim or bill against the county or district fund, unless the same be itemized, giving names, dates and particular services rendered, character of process served, upon whom, distance traveled, where and when, character of work done, number of days engaged, supplies or materials furnished, to whom, and quantity and price paid therefor, duly verified to be 589 POLITICAL CODE. §4076 correct, and that the amount claimed is justly due, and is presented and filed with the clerk of the board within a year after the last item of the account or claim accrued. If, in case of any claim which re- quires itemizing, the board do not hear or consider the same because it is not itemized, they shall cause nolice to be given to the claimant or his attorney of that fact, and give time to have the claim itemized and reverified; provided, that the verification of claims may be dis- pensed with as provided in section 4076 of this code. [Amendment approved June 13, 1913; Stats. 1913, p. 835.] Presentation of account. Form of demand. Approval. To constitute warrant. Supervisors may adopt other forms. § 4076. No account shall be passed upon by the board, unless made out as prescribed in this and the preceding section and filed with the clerk three days prior to the time of the meeting of the board at which it is asked to be allowed. Such demand shall be made out in form sub- stantially as follows: Clerk's Memoranda, No. • Fund. Demand of , dated , in sum of $ , for . Allowed by the board of supervisors 19 — , in sum of $ . Attest: , Clerk of Board. Demand of . No. , . Fund . Demand on the treasury of the county of , state of California, for the sum of dollars, being for • Date. Items. Dollars. Cents. $ Expenditures authorized and approved by me. rtatc of California, 7.^ County of . | The undersigned, being duly sworn, says: That the above claim and the items as therein set out are true and correct; that no part thereof has been heretofore paid, and that the amount therein is justly due this claimant, and that the same is presented within one year after the last item thereof has accrued. Subscribed and sworn to before me this day of . County Clerk. § 4076 POLITICAL CODE, 590 Allowed by board of supervisors, , 19 — , in sum of $ , paj-able out of fund. Attest: Clerk of Board of Supervisors. Countersigned: , Chairman Board of Supervisors. Warrant No. Approved , 19 — . No. . Registered , 19 — , -, County Auditor. , County Treasurer. Said demand shall be approved before filing by the officer who directed such expenditure. If said demand be allowed by the board, the clerk of the board shall detach and file the memorandum, and shall indorse on such demand "Allowed by the board of supervisors," together with the date of such allowance, the amount of such allow- ance, and frojn what fund; shall attest the same with his signature, and, when countersigned by the chairman, shall transmit the same to the auditor, who shall, in case he allows said demand, indorse upon it "A])provc(l," date and number of the warrant, and shall, in attesta- tion thereof, affix his signature thereto and deliver the same to the claimant; and said demand, when so allowed and signed by tlie auditor, shall constitute the warrant on the treasury, within the meaning of this chapter; provided, however, that whenever a county causes its accounts to be reorganized in a manner which will enable said county to deter- mine by its accounts the correctness of claims presented for payment, the board of supervisors of said county may modify the form herein- above prescribed for the submission of claims by eliminating therefrom the affidavit of claimant and may dispense with the necessity of such or any affidavit; provided, further, that the board of supervisors of any county may in their discretion adopt such other form or forms for the submission and payment of claims and may prescribe such other pro- cedure for the allowance and payment of claims as may better meet the needs of the particular county, but in such form of claim so adopted ehLll provide, First — for the approval of the officer directing the expenditure. Second — for the ajiproval of tlio purchasing aj^ent or other oflicer issu- ing purchase orders, or having charge of contracts^r schedules of salaries under whii-h claims may arise. Third — for the certificate of the auditor and the board of supervisors or of the county auditor as to the correctness of the computations. Fourth — for the approval of at least one member of the board of super- visors. Fifth — for the certificate of a clerk of the board of supervisors as to the date and amount of allowance of such claim by the board. Sixth — for the countv auditor's certificate approval. [Amendment ap- proved .June 13, 1913;'Stats. 1913, p. 836.] Also .nmended May 1, 1911 (St-its. 1911, p. 1395). Citations. App. 14/456, 460. 591 POLITICAL CODE. §§40851/2-4093 Innavigable streams may be declared highways for fishing. § 4085V2- On the application of any individual, association or corpora- tion interested, the board of supervisors of any county in this state may, by ordinance, declare all or any portion of any slough, river or stream which does not lie within or run through cultivated land lying within the county which is stocked or supplied, in whole or in part, with fish, by the state or counties and which has not been declared by law to be navigable, and wliich in fact is not navigable for commercial purposes, to be a public highway for the purpose of fishing in said slough, river or stream, and the same shall thereupon become and be a public highway for such purpose, subject only to the reservations hereinafter contained. In case any owner of land adjacent to or across which such slough, river or stream flows does not consent to the use of the slough, river or stream for such purpose with the right to pass along the banks for the purpose of fishing and grant the same to the county by suitable instrument in writing, on aii]ilifation, the board of supervisors may contract for and purchase any or all such rights; or if the same cannot be purchased at a satisfactory price, may authorize proceedings to be commenced to pro- cure the same in the manner directed by title 7, part 3, of the Code of Civil Procedure. [New section ajtproved May 1, 1911; Stats. 1911, p. 1389.] § 4088. Citations. App. 12/432; 14/93. Signature to county bonds. § 4088a. In ease any officer whose signature or counter-signature or attestation appears on any county bonds or coupons thereof, issued under the provisions of section 4088, shall cease to be such officer before the delivery of such bonds to the purchaser thereof, such signature or counter- signature or attestation appearing either on the bonds or the coupons, or on both, shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until the delivery of such bonds; and the signature upon the coupons of the person who is auditor at the date of such bonds, shall be valid although the bonds themselves may be attested by a different person who is auditor at the time of de- livery of such bonds. [New section approved January 30, 1911; Stats. 1911, p. 3.] Settlement with debtors of county. § 4093. The auditor must examine and settle the accounts of all per- sons indebted to the count}', or holding nionej's payable into the county treasury, and must certify the amount to the treasurer, and upon the presentation and filing of the treasurer's receipt therefor, give to such persons a discharge, and charge the treasurer w'ith the amount received by him, provided, that all persons, or officers, indebted to the county or holding moneys payable into the county treasury, must make oath, before g§ 4097^101 POLITICAL CODE. 592 the auditor, of the total amount of money payable by him to the county or into the count}' treasury, and on what account. Moneys payable into the county treasury, as the term is used in this section, shall include moneys belonging to estates of deceased persons and required by law to be paid to the county treasurer, taxes on inheritances and transfers, all moneys deposited by order of court, and all other moneys deposited with such treasurer by virtue of anv offiiial authority whatever. [.Amend- ment approved April 6, 1911; Stats. 1911, p. 686."] Citations. App. 19/712. Monthly count of money in county treasury. § 4097. The chairman of tlie board of supervisors, district attorney, and auditor must, at least once in each month, count the money in the county treasury, and make and verify, in duplicate, statements showing: 1. The amount of county money and the amount of the receipts for bank deposits that ought to be in the treasury. 2. The amount of money not the property of the county which has been paid into the treasury or ordered deposited with the treasurer, and which ought to be in the custody of the treasurer at such time. 3. The amount and kind of money and the amount of bank receipts for deposits which are actually in the treasury. 4. The amount of money other tlian county moneys actually in the treasurv, or on deposit in the hands of the treasurer. [.Vmendment ap- proved"^Apri] 24, 1911; Stats. 1911, p. 109.3.J Duties of treasurer. § 4101. The treasurer must: 1. Keceive all moneys belonging to the county, and all other moneys bj' law directed to be paiil to him. safely keep the same and apply and pay them out, rendering the account thereof as required by law. 2. File and keep the certificates of the auditor delivered to him when moneys are paid into the treasury. 3. Keep an account of the receipt and expenditure of all such moneys, in books provided for the purpose, in which must be entered the amount, the time when, from wliom, and on what account, all moneys were re- ceived by him; the amount, time when, to whom, and on what account all disbursenients were made by him. 4. So keep his books that the amount received and paid out on account of separate funds or specific appropriations are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in ono general or cash account. 5. Enter no moneys received for the current year on his account with the county for the past fiscal year, until aftor his annual settlement for the past year has been made with the county auditor. 6. Disburse the count}' moneys and all other moneys placed in his cus- tody by official authority only on warrants issued by the county auditor. 7. Disburse the moneys in tlie treasvry on such warrants only when they are based on orders of the board of supervisors, or upon order of the 593 POLITICAL CODE. §§ 4101 a-4135b superior court, or as otherwise provided by law. [Amendment approved April 24, 1911; Stats. 1911, p. 109.1.] Citations. App. 19/712; (subds. 7, 8) 19/712. County officers may pay money to treasurer daily. § 4101a. The assessor, the tax collector, the clerk, the recorder and any other officer required to pay into the county treasury taxes, fees o'' other money collected by him, may pay such money to the treasurer daily without making an account of the sources from which the same was col- lected, and the treasurer and auditor shall credit such officer Avith the amount so paid in without apj)ortioning the same to any specific fund, bach officer shall, notwithstanding such payment, make regular settle- ments and accounts of his collections monthly or otherwise, as may be required by law, and upon such settlements shall be credited with all amounts so paid to the treasurer and not included in his previous settle- ments, as so much cash. [New section approved April 10, 191 Ij Stats. 1911, p. 840.] Auditor's certificate required. § 4102. He must receive no money into the treasury, or for deposit with him as treasurer, unless accompanied by the certificate of the auditor, provided for in section 4093. [Amendment approved April 24, 1911; Stats. 1911, p. 1096.] Citations. App. 19/712. § 4126. Citations. App. 10/138. Indexing deeds, etc., once recorded. § 4135b. Whenever any instrument has been filed for record with the county recorder of any county in the state of California, as a deed, deed of trust, mortgage or chattel mortgage, or copied into any book of deeds, deeds of trust, mortgages or chattel mortgages, such instrument need not be again filed for record or recorded in such office as a different instru- ment from that so filed for record or so recorded, but such recorder must index such instrument in any of the indices kept in his office upon the request of the person recording such instrument and the payment to him of his legal fees for such indexing. Such instrument from the date of such indexing, imports notice of its contents to all persons; and subse- quent purchasers, mortgagees, lienholders and encumbrancers purchase and take with like notice and effect as if such instrument had been copied or recorded in the proper book of records corresponding with such indices where so indexed, notwithstanding such instrument has been but once recorded or copied in the records of such office. [New section ap- proved March 15, 1911; Stats. 1911, p. 367.] 38 §§ 4144-4149d political code, 59-4 Cost of burial of bodies over which coroner has held inquest may be met by sale of personal property. § 4144. Wheu an iriqvie-t is held by the coroner, and no other person takes charge of the body of deceased, he must cause it to be decently interred; and he may, in order to decently inter the body of the de- ceased, apply to a judge of the superior court of his county for an order permitting the coroner to summarily sell any personal property belonging to the deceased, and to withdraw any money that the deceased may have on deposit wilh any bank and to collect any indebtedness or claim that may be owing or due the deceased. If upon such application it appears to the court, by competent evidence, that the total value of the estate of the deceased is less than seventy-five dollars the judge shall make an order granting the application; and there shall be no administration upon tlie estate of the deceased unless additional estate be found or discovered. No notice of the application need be given and no fee shall be charged by the clerk of the court or coroner for the filing of said application, or for any duty or service of the clerk or coroner connected therewith. Upon the sale of the personal property of the deceased or the collection of any money, claim or indebtedness by the coroner, he shall use the same for exjtenses of the funeral of the deceased. Tiie coroner shall file with the clerk of the court a statement showing the property of the deceased that came into his hands, the amount re- ceived from the sale of any personal property and the disposition of the property of the deceased, and shall file with the clerk vouchers showing what disposition was made of the pro])erty; if there is not suflicient prop- erty belonging to the estate of the deceased to pay the necessary ex- penses of the burial, the expenses are a legal charge against the county. [Amendment approved April 27, 1911; Stats. 1911, p. 1163. J § 4149b. Citations. Gal. 161/C45, 647. Salary of fish and game wardens. Expenses. § 4149d. The salary and couqiensatiou of the fish and game warden shall be as follows: For counties of the first class one hundred and twenty-five dollars per montli; for counties of the second and third classes, one hundred dollars per month; for counties of the fourth and sixth classes, seventy-five dollars per month; for counties of the fifth, seventh, eighth and ninth classes, sixty dollars per month; for counties of the tenth class, seventy-five dollars per month; and for counties of all other classes, from the eleventh to the fifty-eighth, inclusive, fifty dollars per month. In addition thereto, saier annum. Twelfth. The salary of the registrar in counties of the twelfth class shall be twentj'-four ($24) dollars per annum. In addition to such salary in counties of this class, the registrar shall receive from the county the sum of twelve and one-half cents for each name registered. Thirteenth. The salary of the registrar in counties of the thirteenth class shall be twenty-four ($24) dollars per annum; provided, further, that in counties of this class the registrar of voters is hereby allowed one deputy whose salary is hereby fixed at seventy-five ($75) dollars per month. Fourteenth. The salary of the registrar in counties of the fourteenth class shall be two hundred and fifty ($250) dollars per annum. Fifteenth. Tiie salary of the registrar in counties of the fifteenth class shall be twenty-four ($24) dollars per annum; provided, that in counties of this class the registrar of voters shall be allowed one deputy whose salary is hereby fixed at seventy-five dollars per month. Sixteenth. The salary of the registrar in counties of the sixteenth class shall be one hundred ($100) dollar3 per annum; provided, further, that in any year that the compilation pf a new great register is required by law or supplements to be made thereto, the registrar shall receive as expenses for compiling such great register and making supplements thereto the sum of five cents for each name inserted in said great register and sup- plements thereto, to be paid upon the filing and presentation «f a duly 597 POLITICAL CODE. § 4149e verified claim therefor by the registrar of voters with the board of supervisors of said county; and provided, further, that in. any year when a new register of voters is required by law or supplements to be made thereto, the said registrar may appoint such number of registration deputies as may be necessary for the registration of voters in their re- spective precincts, each of said deputies to receive the sum of ten cents per name for eacli elector registered by him; said registration deputies to be paid for their services on the presentation and filing with the board of supervisors of said county a duly verified claim therefor on the general fund of said count)' after proper allowance of said claim by said board of supervisors. Seventeenth. The salary of the registrar in counties of the seventeenth class shall be five hundred dollars ($500) per annum and such other fees as are now allowed by law to the county clerk for registration of voters. Eighteenth. The salary of the registrar in counties of the eighteenth class shall be twenty-four ($24) dollars per annum. Nineteenth. The salary of the registrar in counties of the nineteenth class shall be six hundred ($600) dollars per annum. Twentieth. The salary of the registrar in counties of the twentieth class shall be twenty-four ($24) dollars per annum. Twenty-first. The salary of the registrar in counties of the twenty-first class shall be tweutj'-four ($24) dollars per annum; provided, that in counties of this class the registrar of voters in any year when a new registration of voters is required by law he shall be paid the sum of seven cents per name for each elector registered by him. Twenty-second. The salary of the registrar in counties of the twenty-second class shall be twenty-four ($24) dollars per annum. Twenty-third. The salaryof the registrar in counties of the twenty-third class shall be twenty-four ($24) dollars per annum; provided, that in counties of this class the registrar of voters is hereby' allowed one deputy whose salary shall be the sum of seventy-five dollars per month. Twenty-fourth. The salarj' of the registrar in counties of the twenty-fourth class shall be one hundred ($100) dollars per annum; provided, further, that in any § 4149e POLITICAL CODE. 598 year that the compilation of a new great register is required bv law or supplements thereto, the registrar shall receive as expenses for compiling such great register and making supplements thereto the sum of fifteen cents for each name inserted in said great register and supplements thereto, to be paid by the board of supervisors upon the filing and presen- tation of a duly verified claim therefor by the registrar of voters with the board of supervisors of said county. Twenty-fifth. The salary of the registrar in counties of the twenty-fifth class shall be eight hundred and forty ($840) dollars per annum. Twenty-sixth. The salary of the registrar in counties of the twenty-sixth class shall be seven hundred ($700) dollars per annum. Twenty-seventh. Tho salary of the registrar in counties of the twenty-seventh class shall be two hundred and fifty ($250) dollars per annum. Twenty-eighth. The salary of the registrar in counties of the twenty-eighth class shall be three hundred ($300) dollars per annum. Twenty-ninth. The salary of the registrar in counties of the twenty-ninth class shall be three hundred ($300) dollars per annum. Thirtieth. The salary of the registrar in counties of the thirtieth class shall be twenty-four ($24) dollars per annum. Thirty-first. The salary of the registrar in counties of the thirty-first class shall be twenty-four ($24) dollars per annum. Thirty-second. The salary of the registrar in counties of the thirty-second class shall be twenty-four ($24) dollars per annum; in counties of this class the registrar shall receive and he is hereby allowed in addition to such salary of twenty-four ($24) dollars per annum from the county, the sum of twelve and a half cents for each name registered. Thirty-third. The salary of the registrar in counties of the thirty-third class shall be six hundred ($600) dollars per annum. Thirty-fourth. The salary of the registrar in counties of the thirty-fourth class shall be twenty-four ($24) dollars per annum. 599 POLITICAL CODE. § 4149e Thirty-fifth. The salary of the registrar in counties of the thirty fifth class shall be twelve hundred ($1,200) dollars per annum. Thirty-sixth, The salary of the registrar in counties of the thirty-sixth class shall be twenty-four ($24) dollars per annum. Thirty-seventh. The salary of the registrar in counties of the thirty-seventh class shall be twent.y-four ($24) dollars per annum. In addition to such salary in ♦ounties of this class the registrar shall receive from the county the sum of ten cents for each name registered. Thirty-eighth. The salary of the registrar in counties of the thirty-eighth class shall be five hundred ($500) dollars per annum. Thirty-ninth. The salary of the registrar in counties of the thirty-ninth class shall be twenty-four ($24) dollars per annum. Fortieth. The salary of the registrar in counties of the fortieth class shall be twenty-four ($24) dollars per annum; provided, further, that in any year when a new registration of voters is required by law, the registrar of voters shall be paid the sum of ten cents (10c) per name for each elector registered by him. Forty-first. The salary of the registrar in counties of the forty-first class shall be twenty-four ($24) dollars per annum; provided, further, that in any year when a new registration of voters is required by law, the registrar of voters shall be paid the sum of ten (10c) cents per name for each elector registered by him. Forty-second. The salary of the registrar in counties of the forty-second class shall be three hundred and sixty ($360) dollars per annum. Forty-third. The salary of the registrar in counties of the forty-third class shall be twenty-four ($24) dollars per annum. Forty-fourth. The salary of the registrar in counties of the forty-fourth class shall be one hundred ($100) dollars per annum; provided, further, that in any year that the compilation of a new great register is required by law or supplements to be made thereto, the registrar shall receive as ex- § 4149e POLITICAL CODE, 600 penses for compiling snch great register and making supplements thereto the sum of fifteen cents for each name inserted in said great register ancl supplements thereto, to be paid by the board of supervisors out of the county general fund upon the filing and presentation of a duly verified claim therefor by the registrar of voters with the board of supervisors of said county. Forty-fifth. The salary of the registrar in counties of the forty-fifth class shall be twenty-four ($24) dollars per annum; provided further, that in any year when a new registration of voters is required by law, the registrar of voters shall be paid the sum of ten (10c) cents per name for each elector registered by him. Forty-sixtli. The salary of the registrar in counties of the forty-sixth class shall be one hundred ($100) dollars per annum: provided, further, that in any year that the compilation of a new groat register is required by law or supplements to be made thereto, the registrar shall receive as expenses for compiling such great register and making supplements thereto the sum of fifteen cents for each name inserted in said great register and supplements thereto, to be paid by the board of supervisors out of the county general fund upon the filing and presentation of a duly verified claim therefor by the registrar of voters with the board of supervisors of said county. Forty-seventh. The s;il;iry of the registrar in counties of the forty-seventh class shall be twenty-four ($24) dollars per annum. Forty-eighth. The salary of the registrar in counties of the forty-eighth class shall be four hundred ($400) dollars per annum. Forty-ninth. The salary of the registrar in counties of the forty-ninth class shall be one hundred ($100) dollars per annum. Fiftieth. Tlie salary of the registrar in counties of the fiftieth class shall ba one hundred ($100) dollars per annum; provided, further, that in any year that the compilation of a new great register is required by law or supplements to be made thereto, the registrar shall receive as ex- ])enses for compiling such great register and making supplements thereto the sum of fifteen cents for each name inserted in said great register and supplements thereto, to be paid by the board of supervisors out of the county general fund upon the filing and presentation of a duly verified claim therefor by the registrar of voters with the board of supervisors of said county. 601 POLITICAL CODE. § 4149e Fifty-first. The salary of the registrar in counties of the iifty-first class shall be twenty-four ($24) dollars per annum. Fifty-second. The salary of the registrar in counties of the fifty-second class shall be seventy-five ($75) dollars per annum. Fifty-third. The salary of the registrar in counties of the fifty-third class shall be twenty-four ($24) dollars per annum. Fifty-fourth. The salary of the registrar in counties of the fifty-fourth class shall be twenty-four ($24) dollars per annum. Fifty-fifth. The salary of the registrar in counties of the fifty-fifth class shall be twenty-four ($24) dollars per annum. Fifty-sixth. The salary of the registrar in counties of the fifty-sixth class shall be twenty-four ($24) dollars per annum. Fifty-seventh. The salary of the registrar in counties of the fifty-seventh class shall be twenty-four ($24) dollar? per annum; provided, further, that in any year when a new registration of voters is required by law, the registrar of voters shall be paid the sum of ten (10c) cents per name for each elector registered by him. Fifty-eighth. The salary of the registrar in counties of the fifty-eighth class shall be twenty-four ($24) dollars per annum; provided, further, that in any year when a new registration of voters is required by law, the registrar of voters shall be paid the sum of ten cents (10c) per name for each elector registered by him. The compensation of all deputies in this section provided for shall be paid by the said county in equal monthly installments, at the same time, in the same manner, and out of the same fund as the Salary of the registrar is paid; and provided, further, that where the registrar is allowed fees the same shall be allowed on claims duly verified, presented and allowed by the board of supervisors. Registrar to succeed to certain allowance. In addition to the salaries in this section provided where in any case the county clerk is now allowed fees or compensation or deputies or assistants for the registration -of voters, or in the administration of laws relating to elections, such fees, compensation, deputies and assistants shall continue to be received or employed by the registrar of voters, and §§ 4149f-^172 POLITICAL CODE. 602 the right of the county clerk in such case to receive or employ the same shall thereupon cease, except where otherwise provided by law. [New section approved January 10, 1912; Stats. Ex. Sess. 1911, p'. 200.] Registrar to succeed to certain powers. § 4149f. All the powers now or hereafter conferred and the duties now or hereafter imposed by law upon county clerks in relation to the conduct, management and control of the registration of voters and in relation to elections, shall be exercised and performed exclusively by such registrar of voters unless otherwise provided by law; and all certificates of nomination, nomination papers or election papers required by law to be filed with, or presented to, the county clerk shall be filed with, or presented to, the registrar of voters, and the deputies or clerks in the oflSce of the registrar of voters, acting under the orders of the registrar of voters, or the election commission, shall have all the powers hereto- fore exercised by the deputies of the county clerk in matters relating to registration and elections; provided, however, that until the actual exercise of the duties of the office of registrar, under appointment or consolidation, the county clerk shall continue to perform the duties now imjioscd on him by law with reference to registration and election. [New section approved January 10, 1912; Stats. Ex. Sess. 1911, p. 203.] District attorneys in coiinties of first class. § 4156b. District attorneys in counties of the first class shall devote their entire time and attention to the performance of the duties of their otlices. [New section approved April 27, 1911; Stats. 1911, p. 1199.] There was also another § 415Cb adopted at the same session, as follows: District attorney not to defend. § 4156b. No district attorney of any county, or city and county of the state of California, shall, during his incumbency, defend or assist in the defense of, or act as counsel for, any person or persons, association or corporation, accused of any crime in any county or city and county in the state of California. [New section approved March 21, 1911; Stats. 1911, p. 427.] There was another § 4156b adopted >t the same sessioa. See ante. § 4157. Citations. Cal. 157/423. § 4162. Citations. App. 16/748. § 4171. CiUtions. Cal. 157/415. § 4172. Citations. Cal. 163/14. App. 9/543. 603 POLITICAL CODE. §§4173-4230 § 4173. citations. App. 9/548. § 4176. Citations. App. (subd. 1) 8/752; (subd. 2) 8/752; (subd. 3) 8/752, § 4178. Citations. Cal. 155/196. Duties of constables. § 4187. Constables must attend the courts of .iustices of the peace within their township whenever so required, and within their counties ex- ecute, serve and return all writs, processes and notices directed or de- livered to them by justices of the peace of such county or by competent authority. Constables shall charge and collect for their services such fees as are now or may hereafter be allowed by law; provided, that when- ever a pound district has been created under the laws of the state of California hj the board of supervisors of any county, and no pound- master has been appointed for such district, or when appointed has not qualified as such, the constable shall perform the duties of the pound- master in districts in the township for which he has been elected, and shall collect for his services such fees as are now or may hereafter be allowed by law to poundmasters. [Amended June 16, 1913 j Stats. 1913, p. 1103.] Duties of constables. § 4189. All writs, notices or other proct»ss issued by justices or justices' courts in civil actions or proceedings, if served within the town- ship where issued, must not be served by any constable other than the duly elected, qualified and acting constable or constables of said town- ship. [New section approved February 27, 1911; Stats. 1911, p. 86.] § 4191. Citations. Cal. 155/545. § 4192. Citations. Cal. 155/545 § 4204. Citations. App. 8/694. § 4214. Citations. App. 15/582. § 4220. Citations. App. 15/582. Counties, first class — Los Angeles. Salaries of officers. § 4230. In counties of the first class the county and township officers shall receive as compensation for the services required of them by law or by virtue of their office the following salaries, to wit: § 4230 POLITICAL CODE. 604 County clerk. 1. The county cleric, three thousand six hundred dollars per annuna; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk the following clerks, deputies and em- ployees who shall be appointed by the county clerk, and shall be paid salaries as follows: One chief deputy at a salary of one hundred and seventy-five dollars per month; one deputy who shall be cashier and bookkeeper at a salary of one hundied and fifty dollars per month; one deputy who shall be in charge of the probate department at a salary of one hundred and fifty dollars per month; one deputy who shall be in charge of the registration department at a salary of one hundred and fifty dollars per month; one deputy who shall be an assistant to the registration clerk at a salary of one hundred and fifty dollars per mouth; one deputy who shall be an assistant to the registration clerk at a salary of one hundred and twenty-five dollars per mouth; one deputy who shall be an assistant to the registration clerk at a salary of one hundred and ten dollars per month; one dej»uty who shall be clerk of the board of supervisors, at a salary of one hundred and fifty dollars per month; fourteen deputies who shall be courtroom clerks at salaries of one hun- dred and twenty-five dollars each per month; one deputy who shall be judgment clerk at a salary of one hundred and fifty dollars per month; one deputy who sliall be an assistant judgment clerk at a salary of one hundred and twenty-five dollars per month; one deputy who shall be assistant judgment clerk at a salary of ninety dollars per month; one deputy who sliall be a file clerk at a salary of one hundred and ten dollars per month; one deputy who shall be an index clerk at a salary of one hundred and ten dollars per mouth; one deputy who shall be in charge of the criminal records at a salary of one hundred and ten dol- lars per mouth; one deputy who sliall be recording minute clerk for probate orders at a salary of one hundred and fifty dollars per month; one deputy who shall be a recording clerk for probate orders at a salary of one hundred and fifteen dollars per month; one deputy who shall he an assistant clerk of the board of supervisors at a salary of one hundred and ten dollars per month; one deputy who shall be a stenographer at a salary of one huiHlrod dollars per mouth; one deputy who shall be a stenographer for the board of supervisors at a salary of one hundred dollars per month; two deputies who shall be miscellaneous department clerks at a salary of one hundred and twenty five dollars eacU per month; seven deputies at a salary- of one hundred dollars each per month; one deputy at a salary of ninety dollars per month; four copy- ists at a salary of seventy-five dollars each per month; one deputy who shall be a filing clerk at a salary of seventy-five dollars per month; one telephone operator at a salary of seventy-five dollars per month; one messenger at a salary of sixty dollars jier month; one deputy at a salary of twenty-five dollars per month; twelve deputies for a jieriod not to exceed one mouth in any one year at a salary of eighty dollars per month each; provided, further, that in such years as the compila- 605 POLITIOAL CODE. § 4230 tion of the great register of voters is required by law to be made, the county clerk in counties of this class shall be and he is hereby allowed one hundred and fifty deputies for a period not to exceed one month each in any such year, at a salary of ninety dollars per month each, and also for any such year two additional deputies in each voting pre- cinct in the county for the purpose of registering electors in such pre- cincts, who shall be paid five cents per name for each elector legally registered by them. The salaries of the deputies, clerks and employees herein -provided for shall be paid by said county in monthly install- ments, at the same time, and in the same manner and out of the same fund as tlie salary of the county clerk is paid. Sheriflf. 2. The sheriff, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the sheriff an under-sheriff and the following deputies, stenographers, and employees, who shall be appointed by the sheriff of said county and shall be paid salaries as follows, to wit: One under-sheriff, at a salary of two hundred dollars per month; one deputy, who shall be bookkeeper, at a salary of one hundred and fifty dollars per month; two deputies, who shall be assistant bookkeepers, at a salary of one^ hundred and ten dollars each per month; one deputy, who shall be the return clerk, at a salary of one hundred dollars per month; one deputy, who shall be foreclosure clerk, at a salary of one hundred and twenty-five dollars per month; three deputies at a salary of one hundred and thirty-five dollars each per month; one cook at the county jail, at a salary of sev- enty dollars per month; thirty-nine deputies at a salary of one hundred dollars each per month; six deputies, who shall be turnkeys at the county jail, at a salary of one hundred dollars each per month; two deputies, who shall be bookkeepers at the county jail, at a salary of one hundred dollars each per month; one deputy, who shall be head jailer at the county jail, at a salary of one hundred and twenty-five dollars per month; two matrons of the county jail at a salary of seventy-five dollars each per month; two stenographers at a salary of seventy-five dollars each per month; one deputy, who shall be a chauffeur and machinist at a salary of one hundred and twenty-five dollars per month. The salaries of the under-sheriff, matron, cook, and all deputies, stenographers and chauffeur herein provided for shall be paid by said county in monthly installments at the same time, in the same manner, and out of the same fund that the salary of the sheriff is paid. The sheriff shall also receive the amount of money necessarily expended by him in serving all processes and notices, and the same shall be charged against the county and allowed as such by the board of supervisors, and paid as other county charges are paid. In case of sale of property on foreclosure of mortgage or on execution, the sheriff shall be entitled to receive all necessary expenses of keeping the property and of advertis- ing the sale. § 4230 POLITICAL CODE. 606 Recorder. 3. The recorder, three thousand six hundred dollars per annum; pro- vided, that in counties of this ciass there shall be and there is hereby allowed the recorder the following deputies and copyists, who shall be appointed by the recorder of said county, and who shall be paid sal- aries as follows: One chief deputj* at a salary of one hundred and sev- enty-five dollars per month; one deputy at a salary of one hundred and fifty dollars per month; two depmties at a salary of one hundred and fifty dollars each per month; seven deputies at a salary of one hundred and fifteen dollars each per month; one deputy at a salary of one hun- dred and ten dollars per month; one deputy at a salary of one hundred and five dollars per month; twenty-six deputies at a salary of one hun- dred dollars each per month; one deputy at a salary of seventy-five dol- lars per month; and as many copyists as may be required, who shall receive as compensation for their services the sum of seven cents per folio, for recording any instrument or notice, except maps or plats; for copies of any paper or record, seven cents per folio. The sal;iries and compensation of all deputies and copyists herein provided for shall be paid by the county in monthly installments, at the same time, in the same manner and out of the same fund as the salary of the county recorder is paid. Auditor. 4. The auditor, three thousand six hundred dollars per annum; pro- vided, that in counties of this class, there shall be and there hereby is allowed to the auditor the following deputies, clerks, and assistants, who shall be appointed by the auditor, and who shall be paid salaries as follows: One chief dejjuty at a salary of one hundred and seventy-five dollars per month; one dejiuty who shall be in charge of the redemption department at a salary of one hundred and thirty-five dollars per mouth; two deputies at a salary of one hundred and fifty dollars each por month who shall be accountants and department auditors; one deputy in the redeinptiou department at a salary of one hundred and thirty dollars per month; one deputy in the redemption department at a salary of one hundred and twenty-five dollars per month; one deputy in the re- demption department at a salary of one hundred and twenty dollars per month; one deputy who shall be chief bookkeeper, at a salary of one hundred and fifty dollars per month; one deputy who shall be assist- ant bookkeeper at a salary of one hundred and thirty-five dollars per mouth; one deputy who shall be assistant bookkeejier at a salary of one hundred and twenty-five dollars per month; one deputy at a salary of one hundred and twenty-five dollars per month; two deputies at a salary of one hundred and ton dollars each per month; one deputy at a salary of one hundred dollars per month; three deputies who shall be assistant bookkeepers at a salary of one hundred dollars each per month; one deputy who shall be a filing clerk at a salary of seventy-five dollars per month; one hundred and ten clerks at a salary of four dollars per day each for each day employed for a period not to exceed thirty days in 607 POLITICAL CODE. § 4230 any one year; and such additional clerks and assistants as the auditor may require, and whose compensation in the aggregate shall not exceed seventeen hundred and fifty dollars in any one year. The salaries of the deputies, clerks and assistants herein provided for shall be paid by said county in monthly installments, at the same time, in the .same man- ner, and out of the same fund as the salary of the auditor is paid. Treasurer. 5. The treasurer, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be and there hereby is allowed to the treasurer, the following deputies who shall be appointed by the treasurer, and who shall be paid salaries as follows: One chief deputy at a salary of one hundred and seventy-five dollars per month; one deputy who shall be cashier at a salary of one hundred and fifty dollars per month; one deputy who shall be assistant cashier at a sal- ary of one hundred and twenty-five dollars per month; one deputy at a salary of one hundred and thirty-five dollars per month; one deputy at a salary of one hundred dollars per month; one deputy who shall be a stenographer and bookkeeper at a salary of one hundred dollars per month. The salaries of the deputies herein provided for shall be paid by said county in monthly installments, at the same time, in the same manner, and out of the same fund as the salary of the treasurer is paid. Tax collector. 6. The tax collector, three thousand six hundred dollars per annum, which shall be in full compensation for all services rendered by him; provided, that in counties of this class there shall be and there hereby is allowed to the tax collector the following deputies, stenographers and clerks, who shall be appointed by the tax collector, and who shall be paid salaries as follows: One chief 'deputy at a salary of one hundred and seventy-five dollars per month; one deputy who shall be chief clerk at a salary of one hundred and fifty dollars per month; two deputies, who shall be assistants to the chief clerk, at a salary of one hundred and twenty dollars each per month; one deputy who shall be cashier, at a salary of one hundred and twenty-five dollars per month; one dep- uty who shall be assistant cashier, at a salary of one hundred and fifteen dollars per month; two deputies who shall be assistants to the cashier, at a salary of one hundred and fifteen dollars each per month, for a period not to exceed six months in any one year; one deputy who shall be correspondence clerk, at a salary of one hundred and twenty-five dollars per month; one deputy who shall be correspondence clerk, at a salary of one hundred and fifteen dollars per month; one deputy who shall be license clerk, at a salary of one hundred and ten dollars per month; two deputies who shall be checking clerks, at a salary of one hundred and fifteen dollars each per month; and one deputy who shall be register clerk, at a salary of one hundred and ten dollars per month, one deputy who shall be record clerk, at a salary of one hundred and ten dollars per month; two deputies who shall be license inspectors, at § 4230 ' POLITICAL CODE. COS a salary of one hundred dollars each per month; one deputy who shall be chief report clerk, at a salary of one hundred and fifty dollars per month; six deputies who shall be report clerks, at a salary of one hun- dred and ten dollars each per month; one deputy who shall be book- keeper, at. a salary of one hundred and ten dollars per month; twelve deputies at a salary of one hundred dollars each per month; two dep- uties who shall be sale and redemption clerks, at a salary of one hun- dred [dollars] each per month; one deputy who shall be map clerk, at a salary of one hundred and fifteen dollars per month; two deputies who shall be stenograjiliers at a salary of ninety dollars each per month; eighty-seven clerks for a period not to exceed six months at a sabiry of four dollars per day each for each day employed; and also such additional assistants as the tax collector may require in prepar- ing a property index, whose compensation for any year shall not exceed in the aggregate two thousand dollars for any such year. The tax col- lector shall also be allowed and there is hereby allowed a sum not to exceed six hundred dollars for the necessary traveling expenses of said license tax collector each year. The salaries of the deputies, clerks, assistants and stenographers herein provided for shall be paid by said county in monthly installments, at the same time, in the same manner, and out of the same fund as the salary of the tax collector is paid. District attorney. 7. The district attorney, six thousand dollars per annum; provided, that in counties of this class, there shall be and there is hereby allowed to the district attorney, the following deputies, employees and assistants who shall be appointed by the district attorney of said county and who shall be paid salaries as follows: One assistant district attorney at a salary of two hundred and seventy-five dollars per month; one chief deputy at a salary of two liiindrod and fifty (follars per month; four deputies at a salary of two hundred and twenty-five dollars per mouth each; seven dejiuties at a salary of two hujulred dollars each per month; one clerk at a salary of one hundrcil and fifty dollars per month; two detectives at a salary of one hundred and thirty-five dollars each per month; two process servers at a salary of one hundred dollars each per month; five stenographers at a salary of one hundred dollars each per month; one messenger at a salary of sixty dollars per month; the auditor shall audit and allow, and the treasurer shall pay to the district attorney the sum of fifty dollars per month on the first of each month, which shall be for a sercret service fund, to be used in detection and prevention of crime by the district attorney; provided, however, that nothing con- tained in this subdivision shall be construed as limiting the provisions of section 43U7 ; provided, further, that nothing herein contained shall be construed to prevent the board of supervisors of said counties of this class from employing special counsel, when in the judgment of said board, the interests of said county require it. The salaries of the assistants, deputies, clerks, stenographers, special counsel, detectives, and employees herein provided for, shall be paid by the county in monthly installments, 609 POLITICAL CODE. § 4230 at the same time, in tlie same manner, and out of the same fund as the salary of the district attorney is paid. Assessor. 8. The assessor, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be and hereby is allowed to the assessor the following deputies, clarks, stenographers, and copy- ists, who shall be appointed by the assessor, and who shall be paid sal- aries as follows: One chief deputy at a salary of two hundred dollars jier month; one head deputy, county department, at a salary of one hun- dred and fifty dollars per month; one head deputy, city department, at a salary of one hundred and fifty dollars per month; one assistant dep- uty at a salary of one hundred and twenty-five dollars per month; two improvement valuation deputies at a salary of one hundred and twenty- tive dollars each per month; five real estate valuation deputies at a salary of one hundred and twenty dollars each per month; two deputies who shall be cashiers at a salary of one hundred and twenty dollars each per month; one machinery valuation deputy at a salary of one hundred and twenty dollars per month; one tax sale and redemption deputy at a salary of one hundred and ten dollars per month; eleven deputies at a salary of one hundred dollars each per month; four trans- fer deputies at a salary of one hundred dollars each per month; ninety field deputies for a period not exceeding three months in any one year at a salary of one hundred dollars each per month; forty field deputies for a period not exceeding three months in any one year at a salary of one hundred dollars each per month; thirty-five clerks for a period not exceeding four months in any one year at a salary of one hundred dol- lars each per month; fifteen field deputies for a period not exceeding six months in any one year, at a salary of one hundred dollars each per month; eighteen copyists at a salary of seventy-five dollars each per month; fifteen copyists for a period not exceeding four months in any one year at a salary of seventy-five [dollars] each per month; sixty copyists for a period not exceeding three months in any one year at a salary of seventy-five dollars each per month; ten comparers, for a period not exceeding three months in any one year, at a salary of eighty dollars each per month; twelve comparers for a period not exceeding three months in any one year, at a salary of eighty dollars each per month; two deputies, who shall be photographers, at a salary of one hundred and twenty dollars each per month; two stenographers at a salary of ninety dollars each per month; there is also allowed not to exceed five hundred dollars for transportation expenses of the said as- sessor or his deputies for each year; it is further provided that in coun- ties of this class, that if the assessor be directed by any law, or by any order of the board of supervisors, within counties of this class, to prepare maps, plats, or block-books for the use of the county, or assessment-rolls, for the use of any municipality, then said assessor 39 § 4230 POLITICAL CODE. 610 shall make such maps, plats, or block-books, or assessment-rolls, but shall only receive the actual cost by him incurred in making or prepar- ing said maps, plats, or block-books, or assessment-rolls; and provided, further, that he shall file with the county auditor a sworn statement, showing the persons to whom, and the amounts paid to each for such maps, plats, block-books, or assessment-rolls, and he shall account forth- with and pay over to the county any difference between such co«ts and the amount allowed him for such work. The salaries of the depu- ties, stenographers, clerks, and copyists herein provided for, shall be paid by said county in monthly installments, at the same time, in the same manner, and out of the same fund as the salary of the county assessor is paid; it is further provided, that in counties of this class the assessor shall leceive no commission for his collection of taxes on personal property, nor shall such assessor receive any compensation or commission for the collection of poll taxes or road poll taxes, nor shall the said assessor receive any compensation for making out the military roll of persons returned to him as subject to military duty as provided by section 1901 of the Political Code; provided, however, that fifteen per cent of all moneys collected by him for poll taxes, and road poll taxes shall be allowed to such counties on their settlement with the state, and be and remain the property of such counties. Coroner. 9. The coroner, three thousand dollars per annum and his actual neces- sary expenses in traveling outside of the county seat. He shall hold inquests as prescribed by chapter 2, title 12, part 2, of the Penal Code, except that he may in his discretion dispense with a jViry. The coroner or other officer hoMing an inquest upon the body of a deceased person may siibpoena a physician or surgeon to inspect a body, or a chemist to make an analysis of the contents of the stomach or tissues of the body, or hold a post-mortem examination of the deceased, and give his professional opinion as to the cause of death. The coroner in counties of this class shall be and he is hereby allowed the following assistants: One deputy at a salary of two hundred dollars per month; said deputy shall have the power and it shall be his duty when directed by the coroner, to hold inquests, and all power conferred by law upon the coroner may be exercised by said deputy; one stenographer at a salary of one hundred and fifty dollars per month. Said stenographer shall take down in shorthand the testimony of witnesses at inquests and shall transcribe the same in longhand and file a certified copy thereof with the county clerk; one clerk at a salary of one hundred and twenty-five dollars per month; one deputy at a salary of one hun- dred dollars per month. The salaries of the deputies, clerks and stenog- rapher herein provided for shall be paid by tlio c-oiuity, in the same manner, at the same time, and out of the same funds as the salary of the coroner is paid. 611 POLITICAL CODE. § 4230 Public administrator. 10. The public administrator, three thousand dollars per annum; pro- vided, that in counties of this class there shall be and there is hereby allowed to the public administrator one deputy at a salary of one. hun- dred and seventy-five dollars per month. The salary of said deputy shall be paid by the county in the same manner, at the same time, and out of the same fund as the salary of the public administrator is paid. Superintendent of schools. 11. Tile superintendent of schools, three thousand six hundred dollars per annum, which shall be in full for all services, including attendance upon the board of education, also actual necessary traveling expenses not to exceed five dollars for every school district in the county; pro- vided, that in counties of this class there shall be and there hereby is allowed the superintendent of schools the following assistants and deputies who shall be api)ointed by the superintendent of schools of said county, and who shall be paid salaries as follows: Three assistants at a salary of two hundred and twenty-five dollars each per month; one deputy at a salary of one hundred and seventy-five dollars per month; three deputies at a salary of one hundred and twenty-five dollars each per month; four deputies at a salary of one hundred dollars each per month. The salaries of the assistants and deputies herein provided for shall be paid by the county at the same time, in the same manner, and out of the same fund as the salary of the superintendent of schools is paid. Health officer. 12. The health officer, fifteen hundred dollars per annum, and special health oflicers when appointed as in this title provided, ten dollars each per day; provided, that not more than five hundred dollars per annum shall be paid or expended in any one year in payment of special health officers. The salaries of the health officer and special health officers shall be paid by the county in the same manner, at the same time and out of the same fund as the salaries of county officers are paid. Board of education. 12^2- Each member of the county board of education, except the secretary thereof, five dollars for each session of the board attended, not exceeding a total of four hundred dollars to any member in any one year. In addition, each member shall be entitled to mileage at the rate of ten cents per mile, for one way only, while attending the regular sessions. Said compensation of the said members of the board of edu- cation shall be payable monthly and out of the same funds, and in the same manner as the salary of the count}^ superintendent of schools is paid. Said compensation shall be in full payment for all services rendered. § 4230 POLITICAL CODE. 612 Surveyor. 13. The surveyor, three thousand six hundred dollars per annum, and in addition thereto all necessary expenses and transportation for work performed in the field, and all necessary expenses for searching records and compiling assessor's maps; provided, that in counties of this class there shall be and there hereby is allowed to the surveyor, the following deputies who shall be appointed by the surveyor of said county, and who shall be paid salaries as follows: One chief deputy who shall be a civil engineer at a salary of two hundred and fifty dollars per month; one dejiuty who shall be a bridge engineer at a salary of one hundred and ninety dollars per month; two deputies who shall be civil engineers at a salary of one hundred seventy-five dollars each per month; seven deputies who shall be surveyors or draftsmen at a salary of one hundred and twenty-five dollars each per month; three deputies, two of whom shall be draftsmen and one a counter deputy at a salary of one hundred and ten dollars each per month; two deputies who shall be draftsmen at a salary of one hundred dollars each per month; two deputies who shall be instrument or draftsmen at a salary of ninety dollars each {)er month; one deputy who shall be a stenographer at a salary of ninety dollars per month. The salaries of the deputies herein provided for shall be paid by said county at the same time, in the same manner and out of the same fund as the salary of the county surveyor is paid. Supervisors. 14. Supervisors, two thousand four hundred dollars per annum to- gether with mileage at the rate of ten cents per mile for each mile actually traveled by them in the discharge of their duties, either ias road commissioners or supervisors, not exceeding in the aggregate seven hundred and fifty dollars each per annum. They shall also receive their necessary expenses wiien attending meetings of the state board of equalization; and provided, further, that there shall and hereby is al- lowed to the said board of supervisors the following clerks: One clerk who shall be auditor and actouutant at a salary of one hundred and fifty dollars per month; one clerk who shall be in charge of miscellaneous records, equalization and election matters, at a salary of one hundred and twenty-five dollars per month; one clerk who shall be demand clerk at a salary of one hundred and fifteen dollars per month; two assistant clerks at salaries of one hundred and fifteen dollars each per month; one clerk who shall be stenographer and index clerk at a salary of one hundred dollars per month; one clerk, as emergency clerk, at salary of one hundred dollars per month; one clerk who shall be superintendent of charities at a salary of one hundred and twenty-five dollars per month; one clerk at a salary of one hundred and ten dollars per mouth and one clerk at a salary of one hundred dollars per month, each of whom shall be an assistant to the superintendent of charities; one clerk who shall be stenographer for the department of charities at a salary of eighty-five dollars per month; forty clerks for a period not exceeding thirty days in any one year at a salary of four dollars each for each day (j13 political code. §4230 actually employed to assist said board in the work of equalization; and ill addition to the clerks hereinbefore provided for, in years when a (general election is held in the state, there shall be and hereby is al- lowed the said board of supervisors sixty clerks for a period not to (>xceed twenty days in such years, at a compensation of four dollars (>;u'h per day for each day actually employed; such clerks shall be ap- pointed by the board of supervisors and shall be paid by said county in the same manner, at the same time, and out of the same fund as other clerks of the county officers are paid; and still further provided, that from and after the first Monday after the first day of January in the year one thousand nine hundred and thirteen, supervisors in counties now of this class shall receive as compensation for the services re- quired of them by law a salary of three thousand dollars each per an- num, together with mileage at the rate of ten cents per mile for each mile actually traveled by them in the discharge of their duties either as road commissioners or supervisors, not exceeding in the aggregate seven hundred and fifty dollars each per annum, and they shall also receive their necessary expenses when attending meetings of the state board of equalization. The salaries of the deputies, clerks and em- ployees herein provided for shall be paid by said county in monthly installments at the same time, in the same manner and out of the same fund as the county officers are paid. Justices of the peace. 15. In townships having a population of thirty thousand and not more than one hundred thousand, justices of the peace shall receive a salary of two thousand dollars per annum; in townships having a population of fifteen thousand and less than thirtj' thousand, justices of the peace shall receive a salary of fifteen hundred dollars per annum; in townships having a population of ten thousand and less than fifteen thousand, justices of the peace shall receive a salary of twelve hundred dollars per annum; in townships having a population of five thousand and less than ten thousand, justices of the peace shall receive a salary of nine hundred dollars per annum; in townships having a population of two thousand and less than five thousand, justices of the peace shall receive a salary of six hundred dollars per annum; in townships having a population of less than two thousand, justices of the peace shall re- ceive a salary of five hundred dollars per annum; and provided, further, that in townships having a population of more than one hundred thou- sand, each justice of the peace shall receive a salary of three thousand dollars per annum. All salaries shall be in lieu of all fees due or to be- come due all justices for the performance of any official act, and such salaries as hereinbefore provided shall be paid in like manner, at the same time, and out of the same funds as county officers are paid by such county. And all fees together with all fines and penalties paid to such justices or into such court, shall be and become the property of the county in which such justice exercises his jurisdiction. And each of such justices shall report under oath on the first Monday of each month, to the board § 4230 POLITICAL CODE. 614 of supervisors of such county, the amount of all fines and fees collected by him on the account aforesaid during the preceding month, and shall, on. said date, deposit with the county treasurer, to the credit of the county, all such fines and fees as may be shown by said report to have been collected by him. He shall also transmit the treasurer's receipt for said payment to the board of supervisors with the said report. The board of supervisors of such counties in townships having a pop- ulation of more than fifteen thousand, may provide each such justice with an office and the necessary furniture and supplies for the justice's court and may in their discretion provide each such justice with the necessary law books; and provided, further, that the board of super- visors in such counties may, in townships having a population of more than one hundred thousand, appoint a clerk for each justice therein which clerks shall each hold office for the term of two years from and after appointment, and shall receive a salary of one hundred dollars each per month, payable in like manner, at like times and out of the same fund as county officers are paid by the county; said clerks shall each take and file an oath of office in like manner as county officers, and after being appointed and qualifying as hereinbefore prescribed, shall have power to administer and certify oaths to affidavits, and all papers, documents, or instruments used in or in connection with the actions and proceedings of such justice's court. Such clerks shall perform such other clerical services as may be required of them by the justice or justices. For the purpose of this section the population of town.«hips in counties of this class is hereby determined by the population of such townships as shown bv the census taken under the direction of the congress of the United States in the year 1910. constables. It). Constables shall receive the following monthly salaries, to be paid each mouth and in like manner, at like times and out of the same fund as county officers are paid, which shall be in full for ail services rendered by them in criminal cases, or in actions or proceedings in which the people of the state of California are parties. In townships having a population of three hundred thousand or over, one hundred and fifty dollars per month; in townships having a population of thirty thousand and less than three hundred thousand, one hundred and twenty- five dollars per month; in townships having a population of ten thou- sand and less than thirty thousand, ninety dollars per month; in town- ships having a population of five thousand and less than ten thousand, sixty dollars per month; in townships having a population of less than five thousand, forty dollars per month. In addition to the compensation received in criminal cases, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil cases; provided, that the con- stable shall be allowed all necessary expenses actually incurred in serv- ing any criminal process or pursuing, taking or arresting persons charged bl5 POLITICAL CODE. § 4231 with crime, or transporting such persons to or from court or county jail. And all fees collected by such constable on account of services rendered in criminal cases or proceedings in which the people of the state of California are parties, shall belong to and be the property of the county in which said constable has been elected or appointed; and provided, further, that in counties of this class and in townships having more than one hundred thousand inhabitants, there shall be and there is hereby allowed to each of the four constables of said township, one deputy, who shall be appointed by the constable and shall receive a salary of one hundred dollars per month, and in townships having a population of thirty thousand and not more than one hundred thousand there shall be and there is hereby allowed to each constable, one deputy, who shall be appointed by the constable and shall receive a salary of fifty dollars per month. Said deputies shall be paid in like manner and at like times and out of the same funds as the county officers are paid. Said deputies so appointed shall take and file an oath of office in like manner as county officers. Each constable shall report under oath on the first Monday of each mouth to the board of supervisors of such county, the amount of all fees collected by him for all services rendered in all criminal cases or in actions or proceedings to which the people of the state of California are parties, during the preceding month, and shall, on said date, deposit with the county treasurer to the credit of such county all fees as may be shown by said report to have been collected by him as aforesaid, and he shall also transmit the treasurer's receipt for said payment to said board of supervisors with said report. For the purpose of this section the population of townships in counties of this class is hereby determined by the population of such township as shown by the census taken under the direction of the congress of the United States in the year 1910. Fish and game warden, 17. The fish and game warden, one hundred and twenty-five dollars per mouth. In addition thereto said fish and game warden shall be al- lowed a sum not to exceed fifty dollars per month for expenses incurred by him in the performance of his duties. Said salary and expenses in- curred must be paid monthly from the countv treasury. [Amendment approved June 16, 1^13; Stats. 1913, p. Ig36.] ~ Also amended February 28, 1911 (Stats. 1911, p. 102), and April 21, 1911 (Stats. 1911, p. 991), and January 22, 1912 (Stats. Ex. Sess. 1911, p. 231). CJounties, second class — San Francisco. Salaries of officers. § 4231. In counties of the second class the officers shall receive as compensation for their services required of them by law, or by virtue of their office, the salaries and fees fixed by law as compensation; provided, that this shall not be construed as adding additional compensation to any officer. [Amendment approved February 28, 1911; Stats. 1911, p. ^112.] § 4232 POLITICAL CODE. G16 Counties, tMrd class — Alameda. Salaries of officers. § 4232. la counties of the third class, the county and township officers shall receive, as full compensation for the services required of them by law, or by virtue of their office, the following salaries: County clerk. 1. The county clerk, four thousand dollars per annum; provided, that in counties of this cJass there shall be and there hereby is allowed to the county clerk one chief deputy, whose salary is hereby fixed at the sum of twenty-four hundred dollars per annum; one judgment clerk, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum; one assistant judgment clerk, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; six courtroom deputies. whose salaries are hereby fixed at the sum of fifteen hundred dollars per annum each; one index clerk, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; one document clerk, whose salary is hereby fixed at the sum of twelve hundred dollars per annum; one clerk to the board of supervisors, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; one registration clerk, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; one deputy, who shall also act as courtroom clerk, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; four deputies, whose salaries are hereby fixed at the sum of twelve hundred dollars per annum each; four copyists, whose salaries are hereby fixed at the sum of twelve hundred dollars ]ier annum each, and two sten- ographers, whose salaries arc hereby fixed at the sum of nine hundred dollars per annum each; all the foregoing deputies, clerks, copyists and stenographers, herein provided for, shall be appointed by the clerk of said county, and their salaries shall be paid bj* the county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of the county clerk; provided, further, that in such years as the compilation of a great register of voters is re- quired by law to be made, the county clerk in counties of this class shall be, and he is hereby allowed the following additional help: Ten clerks for a period of and not exceeding six months, whose salaries are hereby fixed at one hundred dollars per month each; ten clerks for a period of not exceeding one month, whose salaries* are hereby fixed at one hundred dollars per month each; and also for any such year at least one additional deputy in each voting precinct in the county, who shall be a qualified elector of such precinct, for the purpose of register- ing electors, such additional deputies shall be paid five cents per name for each elector legally registered by them, in the same manner as other county claims are paid; and provided, further, that if no help is allowed to county clerks under the direct primary law, the county clerk in counties of this class, in such years as a general state direct primary election is held, shall be and he is hereby allowed the following ad- ditional help: Ten clerks for a period of and not exceeding two months 617 POLITICAL CODE. §4232 irninediately next preceding the direct primary election day, whose salaries are hereby fixed at one hundred dollars per month each; such clerks shall be appointed by the county clerk of said county, and during their respective periods of employment their salaries shall be paid by such county in equal monthly installments, at the same time and in the same manner and out of the same fund as is the salary of the county clerk of such county. Sheriff. 2. The sheriff, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the sheriff, one under-sheriff, whose salary is hereby fixed at the sum of twenty-four hundred dollars per annum; one deputy, who shall be a bookkeeper for the sheriff's office, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum; one deputy, who shall be assistant bookkeeper for the slicriff's office whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; one deputy for office, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; two deputies, who shall be detectives for the sheriff, whose salaries are hereby fixed at the sum of fifteen hundred dollars per an- num each; two deputies, who shall be transportation men, whose sal- aries are hereby fixed at the sum of fifteen hundred dollars per annum each; seven deputies, who shall be bailiffs, whose salaries are hereby fixed at the sum of fifteen hundred dollars per annum each; one deputy, who shall be a stenographer, whose salary is hereby fixed at the sum of fifteen hundred dollars i)er annum; one deputy, who shall be chief jailer, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum; two deputies, who shall be assistant jailers, whose salaries are hereby fixed at the sum of fifteen hundred dollars per annum each; six deputies, who shall be turnkeys at the jail, whose salaries are hereby fixed at the sum of fifteen hundred dollars per annum each; one matron for the jail, whose salary is hereby fixed at the sum of nine hundred dollars per annum; one assistant matron, for a period not to exceed two weeks in any one year, and to serve only during the vacation of the matron, at a salary of thirty-seven and one-half dollars for such two weeks; one engineer for the jail, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; one assistant engineer for the jail, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; provided, further, that the under-sheriff, all deputies, bookkeepers, office deputy, detectives, transportation men, bailiffs, stenographer, chief jailer, assistant jiiilers, turnkey's, matron, and assistant matron for the jail, engineer and assistant engineer herein provided for shall be appointed by the sheriff and their salaries shall be paid by the said county in equal monthly installments, at the same time, and in the same manner and out of the same fund as the salary of the sheriff; the sheriff shall also receive the amount of money necessarily expended by him in serving all process and notices and all expenses necessarily incurred by him in the pursuit of criminals and § 4232 POLITICAL CODE. 618 the same shall be a charge against the county and allowed as such by the board of supervisors and paid as other county charges are paid. Recorder. 3. The recorder, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the recorder the following deputies and copyists who shall be appointed by the recorder of such county and shall be paid salaries and compen- sations as follows: One chief deputy, whose salary is hereby fixed at the sum of twenty-four hundred dollars per annum; three deputies whose salaries are hereby fixed at the sum of fifteen hundred dollars per annum each; five deputies, whose salaries are hereby fixed at the sum of twelve hundred dollars per annum each; four deputies, who shall be comparers, whose salaries are hereby fixed at the sum of fif- teen hundred dollars per annum ea?n; one deputy, who shall be a stenographer, whose salary is hereby fixed at the sum of nine hundred dollars per annum; provided, further, that the salary of the chief deputy and the salaries of the deputies and comparers and stenographer herein provided for shall be paid by said county in equal monthly in- stallments, at the same time and in the same manner and out of the same fund as the salary of the recorder; provided, further, that in counties of this class, the recorder shall be entitled to the actual cost incurred by him for recording of all papers and documents and records in his office not to exceed six and three-fourths cents per folio for longhand recording and not to exceed four and one-half cents per folio for typewritten recording for each paper or document so recorded; and provided, further, that said recorder shall file monthly with the county auditor a sworn statement showing in detail the persons, and the amount paid to each for such recording. Auditor. 4. The auditor, thirty-six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the auditor, one chief deputy, whose salary is hereby fixed at the sum of twenty-four hundred dollars per annum; one redemption deputy, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; three deputies, whose salaries are hereby fixed at the sum of fifteen hundred dollars per annum each; one doputy whose salary is hereby fixed at the sum of twelve hundred dollars per annum; one stenographer, whose salary is hereby fixed at the sum of nine hundred dollars per annum, and such additional assistants as the auditor may appoint and whose com- pensation shall not in the aggregate exreod the sum of two thousand dollars per annum; and provided, that the auditor shall file with the county clerk a sworn statement showing in detail the amounts paid and the persons to whom said compensation is paid for such extra assistance as aforesaid; provided, further, that the chief deputy, redemption deputy. deputies and stenographer shall be appointed by the auditor of said county and their salaries shall be paid by the said county in equal monthly in- 619 POLITICAL CODE. § 4232 stallments at the same time and in the same manner and out of the same fund as is the salary of the auditor; and provided, further, that from and after the first Monday after the first day of January, nineteen hun- dred and fifteen, the auditor shall receive a salary of four thousand dollars per annum and shall be and hereby is allowed the deputies and assistants herein specified and at the salaries herein provided for each. Treasurer. 5. The treasurer, four thousand dollars per annum; provided, that in counties of this class there shall be, and there hereby is, allowed to the treasurer one chief deputy, whose salary is hereby fixed at the sum of twenty-four hundred dollars per annum; one deputy, whose salary is hereby fixed at the sum of twenty-one hundred dollars per annum; two deputies, whose salaries are hereby fixed at the sum of eighteen hundred dollars per annum each, which sums shall be paid by said county in equal monthly installments at the same time and in the saine manner, and out of the same fund as is the salary of the treasurer; provided, that the chief deputy and the three deputies herein provided for shall be ap- pointed by the treasurer of said county; provided, further, that from and after the first Monday after the first day of January, 1915, the treasurer shall receive a salary of six thousand dollars per annum and shall be and hereby is allowed the deputies and assistants herein specified and at the salaries herein provided for each; and provided, further, that from and after the first Monday after the first day of January, 1915, all commissions and fees required or permitted by any law of this state, or of the United States, to be collected by the treasurer either as an officer or ex-officio officer, his deputies or assistants, for the performance of any official duty, shall be collected for the benefit of the county and shall be paid into the general fund of the county monthly. Tax collector. 6. The tax collector, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the tax collector one chief deputy, whose salary is hereby fixed at the sum of twenty-four hundred dollars per annum; one cashier, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum; two assistant cashiers, whose salaries are hereby fixed at the sum of fifteen hundred dollars per annum each; one chief clerk, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum; two correspond- ence clerks, whose salaries are hereby fixed at the sum of fifteen hundred dollars per annum each; one bookkeeper, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; one state lands clerk, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; one stenographer, whose salary is hereby fixed at the sum of nine hundred dollars per annum; provided, further, that there shall be and there hereby is allowed to the tax collector three extra deputies for a period not to exceed eight months in any one year, at a salary of one hundred dollars per month each; six extra deputies for a period not to § 4232 POLITIC.U. CODE. 620 exceed five months in any one year, at a salary of one hundred dollars per month each; six extra deputies for a period not to exceed four months in any one year, at a salary of one hundred dollars per month each; provided, further, that in counties of this class the tax collector shall appoint six persons to be known as indexers, which office is hereby created, and whose duties it shall be under the supervision and direction of the tax collector to compile, make out, and complete an index of the assessment-rolls of the county, and of the sanitary assessment-rolls for each sanitary district in the county of Alameda, yearly, commencing with the year nineteen hundred and nine, as soon as said rolls are completed by the assessor of the county and each assessor of said sanitary districts and for each year thereafter, the said indexes to be a public record for use of the tax collector and the general public and to be kept in the office of the tax collector during the collection of taxes and to be turned over to the auditor at the same time as the assessment-rolls are turned over in the final settlement of the tax collector with the county auditor. Such indexers shall be paid a salary of one hundred dollars per month each, payable at the same time and in the same manner as other county officers are paid, but such indexers shall not be employed to exceed four months in any one year; provided, further, that the chief deputy, the stenographer, and all other deputies herein provided for shall be ap- pointed by the tax collector of said countv, and the salaries of said chief deputy, stenographer, and all deputies herein provided for shall be paid by said county during the time which they shall hold office as herein pro- vided at the same time and in the same manner and out of the same fund as the salary of the tax collector. License collector. 7. Tlio liioiise collector shall receive fifteen per cent of all licenses collected by him. Assessor. 8. The assessor, seven thousand dollars per annum and necessary traveling expenses in the performance of the duties of his office; pro- vided, that in counties of this class there shall be, and there hereby is allowed to the assessor, the following assistants, deputies and employees who shall be appointed by the assessor and shall be paid salaries as fol- lows: One assistant assessor, whose salary is hereby fixed at the sum of three thousand dollars per annum; one chief deputy, whose salary is hereby fixed at the sum of twenty-four hundred dollars per annum; one head city deputy whose salary is hereby fixed at the sum of eighteen hundred dollars per annum; one assistant city deputy, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum; one' as- sistant city deputy, whose salary is liereby fixed at the sum of twelve hundred dollars per annum; one building inspector, whose salary is here- by fixed at the sum of fifteen hundred dollars per annum; two assistant building inspectors, whose salaries are hereby fixed at the sum of twelve hundred dollars per annum cacli; one cashier, whose salary is herebv fixed at the sura of eighteen hundred dollars per annum; one assistant cashier 621 POLITICAL CODE. § 4232 and bookkeeper, whose salary is hereby fixed at the sum of eighteen hun- dred dollars per annum; one record deputy, who shall be a stenographer, whose salary is hereby fixed at the sum of twelve hundred dollars per an- num; one head district deputy, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum; three district deputies, whose salaries are hereby fixed at the sum of sixteen hundred and twenty dollars per an- num each; four district deputies, whose salaries are hereby fixed at the sum of fifteen hundred dollars per annum each; six copyists, whose salaries are hereby fixed at the sum of twelve hundred dollars per annum each; four comparers, whose salaries are hereby fixed at the sum of twelve hundred dollars per annum each; eight deputies for a period not to exceed six months in any one year, whose salaries are hereby fixed at the sum of one hundred dollars per month each; two district deputies for a period not to exceed six months in any one year, whose salaries are hereby fixed at the sum of one hundred and fifty dollars per month each; six field deputies for a period not to exceed six months in any one year, whose salaries are hereby fixed at the sum of one hundred dollars per month each; and such additional deputies as the assessor may appoint and whose compensation shall not in the aggregate exceed the sum of four thousand five hundred dollars per annum; and provided, that the assessor shall file with the county auditor a verified statement showing in detail the amounts paid and the persons to whom such compensation is paid for such extra assistants as aforesaid. The salaries herein provided for shall be paid by the said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the assessor is paid; provided, however, that should the assessor be directed by any law or by any order of the board of super- visors, or by any municipality within said counties of the third class to prepare maps, plats or block-books for the use of the county or assess- ment-rolls for the use of any municipality, then said assessor shall make such maps, plats, or block-books, or assessment-rolls for the use of any municipality, but shall only receive the actual cost by him incurred in making or preparing said maps, plats, block-books or assessment-rolls; and provided, further, that he shall file with the county auditor a sworn statement showing the persons to whom and the amounts paid to each for such maps, plats, block-books or assessment-rolls, and shall account forthwith and pay over to the county any difference between such costs and the amount allowed him for such work; and provided, further, that the salaries herein named shall be in full compensation for all services of every kind and description rendered by the assessor, his deputies and assistants; and it is further provided, that in counties of this class the assessor shall receive no commission for his collection of taxes on personal property nor shall such assessd'r receive any compensation or commission for the collection of poll taxes or road poll taxes, nor shall the said assessor receive any compensation for making out the military- roll of persons returned by him as subject to military duty as pro- vided by section 1901 of the Political Code; provided, however, that §4232 POLITICAL CODE. C22 fifteen per cent of all moneys collected by him for poll taxes and road poll taxes shall be allowed to such counties on their settlement with the state and be and remain the property of such counties. District attorney, 9. Tlie district attorney, four thousand dollars per annum; provided. that in counties of this class there shall V)e and there is hereby allowed to the district attorney the following assistant, deputies and employees, who shall be appointed by the district attorney of said county, and who shall be paid salaries as follows: one assistant district attorney, whose salary is hereby fixed at the sum of two hundred and seventy-five dol- lars per month; one chief deputy district attorney, whose salary is hereby fixed at the sum of two hundred and fifty dollars per month; two deputies district attorney, whose salaries are hereby fixed at the sum of two hundred and twenty-five dollars per month each; two deputies district attorney, whose salaries are hereby fixed at the sum of two hundred dollars per month each; two deputies district attorney, whose salaries are hereby fixed at the sum of one hundred and seventy- five dollars per month each; two deputies district attorney, whose salaries are hereby fixed at the sum of two hundred dollars per month each, whose duty it shall be, in addition to performing services as deputies district attorney, to attend the sessions of the poFice courts in cities of the second class and conduct, on behalf of the people, all prosecutions for public offenses of which said police courts shall have jurisdiction; one clerk, whose salary is hereby fixed at the sum of one hundred and twenty-five dollars per month; one process server, whose salary is hereby fixed at the sum of one hundred dollars per mouth; three stenographers, whose salaries are hereby fixed at the sum of seventy-five dollars per month each; one detective, who shall assist the district attorney in the detection of crime and prosecution of criminal cases, whose salary is hereby fixed at the sum of one hundred and seventy-five dollars per month; and provided, further, that nothing herein contained shall be construed to prevent the boards of supervisors of counties of this class from employing special counsel when in the .judgment of said boards the interests of said county require it. The salaries of said assistants, deputies, clerk, detective, process server, stenographers and special counsel in this subdivision provided for shall be payable by the county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the dis- trict attorney is paid. Coroner. 10. The coroner, four thousand dollars per annum and his necessary traveling expenses as follows: Ten cents per mile for distance actually traveled outside the cities of Oakland, Berkeley, Alameda, Piedmont, Emeryville and San Leandro, said traveling expenses not to exceed twent^y dollars in any one calendar month; provided, further, that in counties of this class, there shall be, and there hereby is, allowed to 623 POLITICAL CODE. § 4232 the coroner one autopsy physician and surgeon, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum, who shall perform all autopsies and inspections in all cases required by the coroner except that where the distance from the county seat exceeds twenty miles the coroner may subpoena a physician or surgeon to perform such autopsy or to inspect the body; one deputy, whose salary is hereby fixed at the sum of eighteen hundred dollars per annum, and one stenographer, whose salary is hereby fixed at the sum of tvventy-iour hundred dollars per annum and who shall be paid, in addition thereto, for transcribing all the testimon}' and proceedings taken by him at any inquest, the sum of fifteen cents per one hundred words for one copy, and ten cents per one hundred words for two copies made at one time and in every ease where the death of any person shall have been caused by the criminal act of another, such stenographer shall make a copy of the transcript of the testimony and proceedings taken at such inquest for the use of the district attorney of such county; in all inquests so reported, the fees for transcribing, as provided herein, shall be paid out of the county treasury upon the order of the coroner. When such testimony is taken down by such stenographer as herein set forth his transcription thereof, duly certified to by him, shall constitute the deposition of the witnesses testifying at such inquest so reported by such stenographer. The autopsy physician and surgeon, deputy and stenographer herein provided for shall be appointed by the coroner, and their salaries shall be paid by said county in equal monthly installments at the same time, and in the same manner, and out of the same fund, as is the salary of the county officers in counties of this class. The coroner must hold inquests as prescribed by chapter 2, title 12, part 2 of the Penal Code, and he, or any other officer holding the inquest upon the bodj- of a deceased person, may subpoena a chemist to make an analysis of the contents of the stomach or of the tissues of the body. Public administrator. 11. The public administrator, such fees as are now or may be here- after allowed by law. Superintendent of schools. 12. The superintendent of schools, four thousand dollars per annum; provided, that in counties of this class there shall be and hereby is al- lowed to the superintendent of schools, one assistant superintendent of schools, one chief deputy superintendent of schools and one deputy su- perintendent of schools, all of whom shall be appointed by the superin- tendent of schools of said county, and whose salaries shall be as follows: The salary of the assistant superintendent of schools shall be two hun- dred dollars per month; the salary of the chief deputy superintendent of schools shall be one hundred and fifty dollars per month; and that of the deputy superintendent of schools shall be one hundred and twenty- five dollars per month. The salaries shall be paid out of the same fund and in the same manner as the salary of the superintendent of schools is paid. § -1232 POLITICAL CODE. 624 Surveyor. 13. The surveyor shall receive a salary of four thousand dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the surveyor one deputy, whose salary is hereby fixed at the sum of twenty-seven hundred dollars per annum. The salary of such surveyor shall be paid by such county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salaries of other county officers are paid. All work which the surveyor is directed or charged to perform by law. or by order of the board of supervisors of such county shall be performed by the said surveyor at actual cost; provided, however, that on all' such work other than block-book work hereinafter provided for, transit men and office men when actually engaged on such county work shall receive a per diem of not to exceed six dollars, and chain men when actually engaged on such county work shall receive a per diem of not to exceed three dollars; and provided, further, that for the making, jilatting. trac- ing, or otherwise pre[iaring maps, jilats, or block-books for the use of the county or any municipality within such county there shall be and there hereby is allowed to the surveyor the following draftsmen, who shall be paid salaries as follows: One chief draftsman, whose salary is hereby fixed at the sum of one hundred and seventy-five dollars per month; one assistant draftsman, whose salary is hereby fixed at the sum of one hundred and twenty-five dollars per month; four assistant draftsmen for a period not to exceed eight months in any one year, whose salaries are hereby fixed at the sum of one hundred and twenty- five dollars per month each; and provided, further, that the surveyor shall be allowed all necessary expenses for work performed for the county by virtue of his office and all necessary expenses and transporta- tion for work performed in the field. The said surveyor shall render to the auditor of said county a monthly sworn statement showing therein the kind or nature of work performed, the dates, amount paid to assist- ants and paid for expenses. The salary herein fixed for said surveyor shall be in lieu of all other fees, commissions or compensations of what- soever kind or nature for services performed by said surveyor for said county. The deputy, draftsman and assistant draftsmen herein provided for shall be appointed by the surveyor and their salaries shall be paid by said county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of county offi- cers in counties of this class. Justices of the peace. 14. Justices of the peace shall receive the following monthly salaries to be paid each month and in the manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by thfm in criminal cases in townships having a population of more than fifty thousand, two hundred and twenty-five dollars; in townships 025 POLITICAL CODE, § 4232 having a population of twenty-five thousand and less than fifty thou- }--and, two hundred dollars; in townships having a population of fifteen thousand and less than twenty-five thousand, one hundred and fifty dol- lars; in townships having a population of less than fifteen thousand, seventy five dollars; in addition to the compensation received in criminal cases, each justice of the peace may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. Each justice of the peace must keep a book open for the inspection of the public during office hours in which must be entered at once and in detail the amount of all fines collected by him in criminal cases, and on the first Monday of each and every month he must pay such fines so collected into the county treasury or city treasury as jjrovided by law; provided, further, that on and after the first Monday after the first day of January, nineteen hundred and fifteen, justices of the peace shall pay into the county treas- ury all fees of his otfice as such justice of the peace and shall receive the following salary, to be paid in equal monthly installments, at the same time and in the same manner and out of the same fund as county officers are paid; in townships having a population of more than seventy- ^ve thousand, four thousand dollars per annum; in townships having a population of forty-five thousand and less than seventy-five thousand, twenty-four hundred dollars per annum; in townships having a popula- tion of twenty thousand and less than forty-five thousand, eighteen hundred dollars per annum; in townships having a population of less than twenty thousand, twelve hundred dollars per annum; and provided, further, that on and after the first Monday after the first day of Jan- uary, nineteen hundred and fifteen, the board of supervisors of counties of the third class shall furnish each justice of the peace with a suitable office in which to hold court and shall also furnish the necessary furni- ture, books, blanks, and supplies for said court; and provided, further, that in townships having a population of more than seventy-five thou- sand there shall be and there is hereby allowed to the justice of the peace, one clerk, which office is hereby created who shall be appointed by the justice of the peace of said township, subject to the approval of the board of supervisors of the county- and whose salary is hereby fixed at the sum of fifteen hundred dollars per annum, payable in equal monthly installments out of the same fund and in' the same manner and at the same time as the salary of the justice of the peace is paid. Said clerk shall take the oath of office prescribed for county officers and give a bond in the sum of five thousand dollars conditioned for the faithful discharge of the duties of his office, which bond shall be ap- proved and filed in the same manner as are bonds of county officers. He shall keep a record of the proceedings of said court and issue all processes ordered by the justice of said court and receive and pa}^ into the county treasury all fines, forfeitures and fees paid into said court. He shall render each month to the county auditor and the county treas- urer, an exact account under oath of all fines, forfeitures and fees paid 40 § 4232 POLITICAL CODE. 626 and collected and he shall prepare bonds, and justify bail when the amount has been fixed by the court or justice and may administer and certify oaths and shall remain in the courtroom of said court during court hours and during such reasonable times thereafter as may be necessary for the proper performance of his duty. He shall have cus- tody of all records and papers of said court. For the purpose of this section the population of townships in counties of this class is hereby determined to be the population of such townships as shown by the fed- eral census taken in the year A. D. 1910. Constables. 15. Constables shall receive the following monthly salaries to be paid each month and in the same manner and out of the same fund as other count}' officers are paid, which shall be in full for all services rendered by them in criminal cases in townships having a population of more than fifty thousand, one hundred and fifty dollars; in townships having a population of fifteen thousand and less than fifty thousand, one hun- dred and twenty-five dollars; in townships having a population of less than fifteen thousand, eighty-five dollars. In addition to the compen- sation received in criminal cases, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil cases; provided, that in counties of this class constables shall be and they are hereby allowed such expenses as are actually and necessarily incurred by them in con- veying prisoners to and from the county jail; such expenses to be item- ized and presented as a claim against the county and to be audited and allowed by the board of supervisors and paid out of the county treasury in the manner as are other claims; provided, further, that from and after the first Monday after the first day of .January, 1915, constables shall receive the following monthly salaries to be paid each month and in the same manner and out of the same fund as county oilicers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than seventy-five thousand, one hundred and fifty dollars; in townships hav- ing a population of twenty thousand and less than seventy five thou- sand, one hundred and twenty-five dollars; in townships having a popu- lation of less than twenty thousand, one hundred and fifteen dollars. In addition to the compensation received in criminal cases each con- stable may receive and retain for his own use such fees as are now or may be hereafter allowed by law for all services performed by him in civil cases; provided, that in counties of this class constables shall b* and they are hereby allowed such expenses as are actually and neces sarily incurred by them in conveying prisoners to and from the county jail, such expenses to be itemizeil and presented as a claim against the county and to be audited an.l allowed by the board of supfrvisors and paid out of the county treasury in the same manner as are other claims. For the purpose of this section tl.e population of townships in counties 627 POLITICAL CODE. § 4233 of this class is hereby determined to be the population of siuh town- sliips as shown by the federal census taken in the year A. D. 1910. Supervisors. 16. Each supervisor, two hundred and twenty -five dollars per month; provided, that in counties of this class supervisors charged ns road coni- niissioners with the inspection of five hundred or more miles of roads within their respective districts, shall be and they are hereby allowed their actual traveling expenses not to exceed the sum of seventy-five dollars in any one calendar month; and provided, further, that in coun- ties of this class supervisors charged as road commissioners with the inspection of two hundred and fifty and not exceeding five hundred miles of roads within their respective districts, shall be and they are hereby allowed their actual traveling expenses, not to exceed fifty dollars in any one calendar month. Fees, jurors. 17. The fees of grand jurors in counties of the third class shall be three dollars, and necessary railway fare, in lawful money of the United States for each and every day's attendance upon the court or a session of the grand jury and the fees of trial jurors in the superior courts of counties of the third class in civil and criminal cases shall be three dollars, and necessary railway fare in lawful money of the United States for each and every day's attendance upon the court. [Amendment ap- proved June 16, 1913; Stats. 1913, p. 1314.] Also amended February 28, 1911 (Stats. 1911, p. 113), and March 23, 1911 (Stats. 1911, p. 456), and also January 10, 1912 (Stats. Ex. Sess. 1911, p. 206). Counties, fourth class — Santa Clara. Salaries of officers. § 4233. In counties of the fourth class, county officers shall receive as compensation for the services required of them by law or by virtue of their office the following salaries, to wit: County clerk. 1. The county clerk, thirty-six hundred (3600) dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk one deputy county clerk w^ho shall act as clerk of the probate department, who shall receive a salary of eighteen hundred (1800) dollars per annum; also one deputy county clerk to act as clerk to the board of supervisors, who shall receive a salary of eighteen hundred (ISOO) dollars per annum; also one deputy county clerk who shall be the registrar of voters and who shall receive a salary of fifteen hundred (1.500) dollars per annum; also one deputy county clerk who shall serve as general office clerk who shall receive a salary of fifteen hundred (1500) dollars per annum; also three deputy county clerks who shall serve as clerks of the several departments of the superior court who shall receive a salary of thirteen hundred and eighty (1380) dollars per annum each; also one deputy county' clerk § 4233 POLITICAL CODE. 628 who shall serve as desk clerk, who shall receive a salary of thirteen hundred and eighty (1380) dollars per annum; provided, however, that the county clerk shall not be allowed the additional deputy provided by section 4290 of the Political Code of the state of California; also one deputy county clerk who shall be "copyist in the probate depart- ment," who shall receive a salarj' of ten hundred and twenty (1020) dollars per annum; the deputies herein provided for shall be appointed by the clerk of said county and their salaries shall be paid by said county in equal monthly installments at the same time and in the same majiner and out of the same funds as the salary of the county clerk; provided, further, that in such years as the compilation of a great reg- ister of voters is required by law to be made the said clerk may ap- point two deputies who shall serve for a term of twelve months, who snail each receive a salary of eighty-five (85) dollars per month, to be paid as are other deputies herein provided for; two deputies who shall serve for a term of eight months who shall each receive a salary of eighty-five (85) dollars per month, to be paid as are other deputies herein provided for; and two deputies who shall serve for a term of six months who shall each receive a salary of eighty-five (85) dollars per month, to be paid as are other deputies herein pro.-ided for; :il>;o one additional deputy in each voting precinct in the county, outside of the corporate limits of municipalities containing twenty-five thousand (25,000) or more inhabitants, for the purpose of registering electors in such precincts, who shall be paid ten (10) cents per name for each elector legally registered by them; provided, that said county clerk may be allowed the actual and necessary expenses incurred by him in the performance of his official duties, and shall pay intd the county treas- ury all fees received by him in his official capacity from whatever source they may be derived, including fees allowed by the government of the United States of America in all matters pertaining to the nat- uralization of aliens. Sheriff. 2. The sheriff, four thousand (4,000) dollars per annum; provided, that there shall be and there hereby is allowed to the sheriff oneurnie sheriff whose salary is hereby fixed at the sum of eighteen hundred (1800) dollars per annum; also two deputies who shall each receive a salary of thirteen hundred and eighty (1380) dollars per annum; also six deputies who shall each receive a salary of twelve hundred (1200) dollars per annum; also one deputy who shall act as matron of the county jail who shall receive a salary of nine hundred (900) dollars per annum. The under-sheriff and deputies herein provided for shall be appointed by the sheriff and paid at the same time and in the same manner and out of the same funds as i< the salary of the sheriff; pro- vided, that said sheriff shall be allowed the actual and necessary ex- penses incurred in the performance of his official duties. He shall pay into the county treasury all fees and mileage collected by him for the service of papers or process issued by any court of this state. 629 POLITICAL CODE. § 4233 Eecorder. 3. The county recorder, thirty-six hundred (3600) dollars per annum, and said recorder may appoint one deputy recorder who shall receive a salary of eighteen hundred (1800) dollars per annum; one deputy recorder who shall receive a salary of twelve hundred (1200) dollars per annum; also eight deputy recorders who shall receive a salary of nine hundred (900) dollars per annum each. The deputies herein pro- vided for shall be paid at the same time and in the same manner and out of the same funds as the county recorder; provided, that such re- corder may be allowed the actual and necessary expenses incurred by him in the performance of his official duties and shall pay into the county treasury all fees received by him in his official capacity from whatever source they may be derived. Auditor, 4. The county auditor, thirty-six hundred (3600) dollars per annum, and said auditor may appoint one deputy auditor who shall receive a salary of eighteen hundred (1800) dollars per annum; provided, that for the purpose of performing the work imposed upon him by law in connection with the annual assessment and collection of property taxes, the auditor may be allowed five additional deputies for a period of one month who shall each receive a salary of one hundred (100) dollars per month and four additional deputies for a period of two months who shall each receive a salary of one hundred (100) dollars per month. The deputies herein provided for shall be paid at the same time and in the same manner as is the county auditor; provided, that such auditor shall pay into the county treasury all fees received by him in his offi- cial capacity. Treasurer. 5. The county treasurer, thirty-six hundred (3600) dollars per annum, and said treasurer may appoint one deputy treasurer who shall receive a salary of eighteen hundred (1800) dollars per annum. All fees and commissions collected by him in his official capacity shall be paid into the county treasury; provided, that the county treasurer shall be entitled to retain for his own use the fees which are now or which may hereafter be allowed by the state law for the collection and pay- ment to the state treasurer of inheritance taxes. Whenever the fees received on account of any one estate paying inheritance taxes shall ex- ceed the sum of two hundred (200) dollars such excess shall be by the ;ounty treasurer paid into the county treasury as in the case of fees received by him from other sources. The deputy herein provided for shall be paid at the same time and in the same manner and out of the same funds as is the county treasurer. Tax collector. 6. The tax collector, thirty-six hundred (3600) dollars per annum, and said tax collector may appoint one deputy tax collector wlio shall § 4233 POLITICAL CODE. * 630 receive a salary of eighteen hundred (1800) dollars per annum; one ad- ditional deputy tax collector who shall receive a salary of fifteen hun- dred (1500) dollars per annum; also seven additional deputy tax col- lectors to serve as such only for a period of two and one-half months in each year, and who shall receive a salary of one hundred (100) dol- lars each per month; also three additional deputy tax collectors who shall serve as such only during two months of each year and who shall receive a salary of one hundred (100) dollars each per month; also nine copyists who shall serve only during one and one-half months of each year, and shall each receive a salary of seventy-five (75) dollars per month. The deputies and copyists herein provided for shall be paid at the same time and in the same manner and out of the same funds as is the salary of the tax collector; provided, that said tax collector shall be allowed the actual and necessary expenses incurred by him in the performance of his official duties, including the making and com- piling of the necessary indices to the assessment-roll, and shall pay into the county treasury all fees received by him in his official capacity from whatever source they may be derived. License collector. 7. The license collector, fifteen per cent of the whole amount of license collected by him; provided, that the entire conipen.=ation of said license collector shall not exceed the sum of fifteen hundred (1500) dollars per annum. Assessor. 8. The county assessor, thirty-six hundred (3600) dollars per annum; and said assessor may appoint one chief deputy assessor who shall receive a salary of sixteen hundred (1600) dollars per annum; two office deputy assessors who shall each receive a salary of fifteen hun- dred (1500) dollars per annum, also seventeen deputy assessors who shall serve as such during the months of March, April, May and June of each year, who shall each receive a salary of one hundred (100) dollars per month, also eight additional deputy assessors who shall serve as such only during the montlis of March, April, May, June and July of each year who shall each receive a salary of one hundred dollars per month, also one draftsman at a salary of twelve hundred dollars per annum, and also seven copyists to serve as such only during four months of each year who shall receive a salary of one hundred (100) dollars each per month; provided, that the above salaries and com- pensations shall be in full for all services rendered by him as such assessor and tliat no commission for the collection of state or infirmary poll taxes or personal property taxes shall be retained by him but that all such commissions shall be jiaid into the county treasury. The deputies and copyists and draftsman herein provided for shall be paid at the same time and in the same manner and out of the same fund as is the county assessor; provided, that the assessor shall be 631 POLITICAL CODE. § 4233 allowed the actual and necessary expenses incurred by him in the per- formance of his official duti.es. District attorney. 9. The district attorney, thirty-six hundred (3600) dollars per an- num; he may appoint a chief deputy at a salary of twenty-four hundred (2400) dollars per annum; one assistant district attorney at a salary of eighteen hundred (ISOO) dollars per annum; one assistant district attorney at a salary of fifteen hundred (1500) dollars per annum; and a deputy district attorney at a salary of fifteen hundred (loOO) dollars per annum; one detective who shall serve at a salary of fifteen hun- dred (1500) dollars per annum; provided, however, that no further or additional amounts shall be allowed for detective services without the previous consent and authorization of the board of supervisors, and a clerk at a salary of twelve hundred (1200) dollars per annum, all of whom shall be paid in the same manner as said district attorney; provided, that said district attorney shall be allowed the actual and necessary expenses incurred by him in the performance of his official duties. All fees and commissions collected by him shall be paid into the county treasury. Coroner and public administrator. 10. The coroner and public administrator such fees as are now oi may hereafter be allowed by law. Superintendent of schools. 11. The county superintendent of schools, three thousand (3000) dol- lars per annum, and the said superintendent of schools may appoint a deputy superintendent of schools who shall receive a salary of twelve hundred (1200) dollars per annum and the said superintendent of schools shall also be paid his actual traveling expenses when visiting the schools of the county. The deputy herein provided for shall be paid at the same time and in the same manner and out of the same fund as is the superintendent of schools. Surveyor. 12. The county surveyor, the sum of three thousand (3000) dollars per annum. Said surveyor may appoint the chief deputy surveyor who shall receive a salary of sixteen hundred (1600) dollars per annum, also one deputy who shall receive a salary of twelve hundred (1200) dollars per annum; and one deputy at nine hundred (900) dollars per annum. Such compensation and salaries as above set forth shall be in full for all services as such county surveyor, and all fees and compensation received or collected by him for surveying other than for the county, shall be paid into the county treasury; provided, that said county surveyor shall be allowed all necessary transportation and expenses incurred by himself or deputies for work performed in the field, and in the official discharge of his duties, such salaries to be paid at the same time and in the same manner as the salaries of other county officers are paid. § 4233 POLITICAL CODE. 632 Fish and game warden. 13. The fish and game warden, twelve hundred (1200) dollars per annum and the actual and necessary expenses incurred by him in the performance of his official duties, not to exceed fifty (50) dollars for any one month. Supervisors. 14. The board of supervisors may at any time grant such additional assistance, or pay for such additional employees or service as it deems necessary to perform any service required by or in connection with any of the foregoing county offices in counties of this class. Justices of the pea«e. 15. In counties of this claF?, justices of the peace shall be compen- sated as follows and all salaries shall be payable monthly in the same manner as the salaries of county officers are paid, viz.: (1) From and after the fourth day of .January, A. D. one thousand nine hundred and fifteen, in townships having a population of twenty thousand or more, justices of the peace shall each receive a salary of two hundred and fifty (230) dollars per month as full compensation for all services rendered by them, except as hereinafter provis having a population of twenty- five hundred and less than forty-four hundred, justices of the peace shall each receive a salary of seventy-five (75) dollars per month as full compensation for all services rendered by them except as hereinafter provided. (5) From and after the fourth day of .January, A. D. one thousand nine hundred and fifteen, in townships having a population of one thou- 633 POLITICAL CODE. §4233 sand and less than twenty five hundred, justices of the peace shall each receive a salary of fifty (50) dollars per month as full compen- sation for all services rendered by them, except as hereinafter pro- vided. (6) From and after the fourth day of January, A. D. one thousand nine hundred and fifteen, in townships having a population of less than one thousand, justices of the peace shall each receive a salary of thirty (30) dollars per month as full compensation for all services rendered by them, except as hereinafter provided. .Tustiees of the peace in all townships in counties of the fourth class shall be permitted to receive and retain for their own use, fees for celebrating marriages and returning certificates thereof, but all other fees shall be collected by them and by them paid into the county treasury at least once each month. Until the fourth day of January, A. D. one thousand nine hundred and fifteen, the several justices of the peace in counties of the fourth class shall receive the salaries and fees fixed and allowed for such justices of the peace respectively bv the provisions of this section (4233) as amended May 1, 1911 (chapter 670, Statutes of 1911). Constables. 15 1^- In counties of this class constables shall be compensated as fol- lows, and all salaries herein provided shall be paid in the same manner as the salaries of county officers are paid, viz.: (1) From and after the fourth day of January, A. D. one thousand nine hundred and fifteen, in townships having a population of twenty thousand or more, constables shall each receive a salary of one hundred (100) dollars per month for all services rendered by them in criminal eases. As compensation for all services rendered in civil cases and all other matters wherein they may charge fees for their services, a constable may collect and retain for his own use as his compensation such fees as are now, or may hereafter b~e allowed by law. (2) From and after the fourth day of January, A. D. one thousand nine hundred and fifteen, in townships having a population of five thou- sand and less than twenty thousand, constables shall each receive the sum of seventy-seven dollars and fifty cents ($77.50) per month as a salary for all services rendered by them in criminal cases. As com- pensation for all services rendered in civil eases and in all other mat- ters wherein they may charge fees for their services, a constable may collect and retain for his own use as his compensation such fees as are now or may hereafter be allowed by law. (3) From and after the fourth day of January, A. D. one thousand nine hundred and fifteen, in townships having a population of forty- four hundred and less than five thousand, constables shall each receive the sum of seventy-seven dollars and fifty cents ($77.50) per month as a salary for all services rendered by them in criminal cases, civil cases and in the performance of all other duties imposed upon them by law. § 4233 POLITICAL CODE. 634 All fees ehargealjle and collectible in both criminal cases, civil cases, and in all other cases wherein fees are chargeable by constables, they shall collect in advance and pay monthly into the county treasury. (4) From and after the fourth day of January, A. D. one thousand nine hundred and fifteen, in townships having a population of twenty- five hundred and less than forty-four hundred, constables shall each receive the sum of sixty (60) dollars per month as a salary for all services rendered by them in both civil and criminal cases. All fees collected by them in civil and criminal cases shall be paid monthly by them into the county treasury. For all services performed by them, they may charge and retain for their own use such fees as are charge- able at law. (5) From and after the fourth day of January, A. D. one thousand nine hundred and fifteen, in townships having a population of one thousand and less than twenty-five hundred, constables shall each re- ceive the sum of forty (40) dollars per month as salary for all ser- vices rendered in both civil and criminal cases. All fees collected by them in civil and criminal cases shall be paid monthly by them into the county treasury. For all other services performed by them they may charge and collect for their own use such fees as are allowed by law. (G) From and after the fourth day of January, A. D. one thousand nine hundred and fifteen, in townships having a population of less than one thousand, constables shall each receive the sum of thirty (30) dollars per month as a salary for all services rendered by them in both civil and criminal cases. All fees collected by them in both criminal and civil cases shall be paid monthly into the county treasury. For all other services performed by them they may charge and collect for their own use such fees as are allowed by law. Constables shall be allowed all necessary expenses incurred in conveying prisoners. Until the fourth day of January, A. D. one thousand nine hundred and fifteen, the several constables in counties of the fourth class shall receive the salaries and fees fixed and allowed for such constables, respectively, by the provisions of this section (42;?;^) as amended May 1, 1911, (cha|tter 670, Statutes 1911). The population herein referred to in classifying the townships for the purpose of regulating the compensation of jus- tices of the peace and constables shall be the population found and determined by the federal census taken in the year 1910. Supervisors. 16. Each supervisor, two thousand four hundred (2400) dollars per annum and mileage of ten cents per mile for each mile actually trav- eled in going to and from their residence to the county seat or in the performance of the duties required of them by law or by virtue of their office; provided, tliat in attending sessions of the board only four mileages shall be allowed for each month and that the total mileage allowed shall not exceed five hundred dollars in any one calendar year; provided, that nothing in this subdivision shall be deemed to affect 635 POLITICAL CODE. § 4234 the compensation or mileage of anj' incumbent supervisor, but said incumbent shall be jjaid such compensatiou and allowed such mileage as is now provided and allowed by law. Fees, jurors. 17. The fees of grand jurors and trial jurors in the superior courts of said counties of the fourth class, in civil and criminal cases shall be three dollars, in lawful money of the United States, for each day's attendance, and mileage to be computed at the rate of fifteen cents per mile for each mile necessarily traveled in attending court, in going only. In criminal cases such fees and mileage of said trial jurors in the superior court shall be paid by tBe treasurer of the county out of the general fund of said county upon warrants drawn by the county auditor upon the written order of the judge of the court ia which said juror was in attendance, and the treasurer of said county shall pay said warrants. The board of supervisors of said county is hereby directed to make suitable appropriation for the payment of the fees herein provided for. [Amendment approved June 16, 1913; Stats. 1913, p. 1218.] Also amended February 28, 1911 (Stats. 1911, p. 121), and May 1, 1911, (Stats. 1911, p. 1282). Counties, fifth class — Fresno. Salaries of officers. § 4234. In counties of the fifth class the county officers shall receive as compensation for the services required of them by law or by virtue of their offices the following salaries, to wit: County clerk. ' 1. The county clerk, thirty-four hundred dollars per annum; he shall have two deputies at a salary of eighteen hundred dollars each per annum; four deputies at a salary of fifteen hundred doUars each per annum; and two deputies at a salary of twelve hundred dollars each per annum. He shall have a registration clerk at a salary of fifteen hundred dollars per anuum; and shall also have two copyists for a period of not to exceed ten months during each and every even numbered year, such copyists to receive a salary of eighty dollars per month each during their said employment. The county clerk shall pay into the county treasury' at the close of each month all fees received by him during the month, accompanied by a statement of source from whence received. Sheriff. 2. The sheriff, six thousand dollars per annum and all fees for the service of process issued without his county. He shall have an under- sheriff whose annual salary shall be eighteen hundred dollars; two field deputies whose annual salary shall be fifteen hundred dollars each; one office deputy who shall have charge of the records made under the Bertillon system and who shall act as photographer and shall re- § 4234 POLITICAL CODE. 636 ceive an annual salary of fifteen hundred dollars; and four deputies whose salaries shall be twelve hundred dollars each per annum. He shall also have for use in his office and under his supervision and con- trol one stenographer, which office of stenographer is hereby, by the terms of this act, expressly created. The said position of stenographer to be filled by the sheriff in the same manner as deputies are appointed by him, and said stenographer is to be at all times as to his duties under the supervision and control of the sheriff in the same manner as deputies of such sheriff are under his supervision and control, which said stenographer shall receive a salary of twelve hundred dollars per annum. He shall also have for use in his office and under his super- vision, and control a jailer, which office of jailer is hereby, by the terms of this act, exjiressly created. The said position of jailer to be filled by the sheriff in the same manner as deputies are appointed by him and said jailer is to be at all times as to his duties under the supervision and control of the sheriff in the same manner as deputies of such sheriff are under his supervision and control, which said jailer shall receive a salary of twelve hundred dollars per annum. He shall p;iy into the county treasury all sums received by him for services of processes issued within his county. Recorder. 3. The recorder, twenty-seven hundred dollars per annum. He shall have two deputies wliose salary shall be eighteen hundred dollars each per annum, and two deputies whose salary shall be fifteen hundred dollars each per annum. lie shall have for use in his office and under his .supervision and control a statistician for compiling the vital sta- tistics of the county, which office of statistician is hereby, by the terms of this act, expressly created. The said position of statistician to be filled by the recorder in the same manner as deputie's are appointed by him, and eaid statistician is to be at all times as to his duties under the supervision and control of the recorder in the same manner as de[iutios of such recorder are under his supervision and control, which said statistician is to receive a salary of twelve hundred dollars per annum. He shall have for use in his office and under his super- vision and control an abstract clerk, which office of abstract clerk is hereby, by the terms of this act, expressly created. The said position of abstract clerk to be filled by the recorder in the same manner as deputies are appointed by him and said abstract clerk is to be at all times as to his duties under the supervision and control of the re- corder in the same manner as deputies of such recorder are under his supervision and control, which said abstract clerk is to receive a salary of fifteen hundred dollars per annum. He shall have such copyists as are necessary to perform the duties of the office at a compensation of six cents per folio. Auditor. •1. The auditor, twenty-seven hundred dollars per annum, and one deputy at an annual salary of eighteen hundred dollars, and one deputy 637 POLITICAL CODE. § 423 i at an annual salary of twelve hundred dollars. He shall have for use in his office and under his supervision and control a redemption clerk, which office of redemption clerk is hereby, by the terms of this act, expressly created. The said position of redemption clerk to be filled by the auditor in the same manner as deputies are appointed by him and said redemption clerk is to be at all times as to his duties under the supervision and control of the auditor in the same manner as depu- ties of such auditor are under his supervision and control, which said redemption clerk is to receive a salary of twelve hundred dollars per annum, lie maj^ also employ two additional deputies for a period of two months during each year, such additional deputies to receive a salary of one hundred dollars per month during their said employment. Treasurer. 5. The treasurer, twenty-seven hundred dollars per annum. He shall have one deputy at a salary of eighteen hundred dollars per annum, and one deputy at a salary of twelve hundred dollars per annum. Tax collector. 6. The tax collector, twenty-seven hundred dollars per annum. He shall have one deputy who shall act as cashier and receive eighteen hundred dollars per annum; one deputy, who shall receive fifteen hun- dred dollars per annum; and two deputies at an annual salary of twelve hundred dollars each. He shall have for use in his office and under his supervision and control a bookkeeper, which office of bookkeeper is hereby, by the terms of this act, expressly created. The said position of bookkeeper to be filled by the tax collector in the same manner as deputies are appointed by him and said bookkeeper to be at all times as to his duties under the supervision and control of the tax collector in the same manner as the deputies of such tax collector are under his supervision and control, which said bookkeeper is to receive a salary of fifteen hundred dollars per annum. He shall have for use in his office and under his supervision and control a stenographer, which office of stenographer is hereby, by the terms of this act, expressly cre- ated. The said position of stenographer to be filled by the tax col- lector in the same manner as deputies are appointed by him, and said, stenographer to be at all times as to his duties under the supervision and control of the tax collector in the same manner as deputies of such tax collector are under his supervision and control, which said stenog- rapher is to receive a salary of nine hundred' dollars per annum. He shall also have three additional deputies for a period not to exceed three months during each year at a salary of one hundred dollars per month each. Assessor. 7,. The assessor shall receive four thousand dollars per annum for all services rendered as assessor. He shall have one deputy at an annual salary of eighteen hundred dollars. He shall have for use in his office and under his supervision and control a draftsman, which office of § 4234 POLITICAL CODE. 638 draftsman is hereby, b}'^ the terms of this act, expressly created, and whose duty it shall be to, under the supervision and control of the assessor, prepaae for use in said office proper books, blanks, maps, and plat books; said position of draftsman to be filled by the assessor in the same manner as deputies are appointed by him, and said draftsman is to be at all times as to his duties under the supervision and control of said assessor, the same as deputies of such assessor are under his supervision and control, which said draftsman shall receive a salary of twelve hundred dollars per annum; and he shall have not exceeding twenty-five deputies for three months in each j-ear, whose per diem shall be four dollars each when actually employed, and eight deputies for six months at a per diem of four dollars when actually employed. He shall have four copyists for a period of six months each at seventy- five dollars per month each during such time and shall also have a stenographer at an annual salary of nine hundred dollars. All sums collected by the assessor or his deputies, as personal property taxes shall be paid into the county treasury monthly as collected, with a state- ment of account of such collections. Fees, jurors. 8. In counties of this class grand and trial .iurors shall receive three dollars per day while engaged in the performance of the duties required of them, and in addition thereto shall receive the mileage now allowed by law. District attorney. 9. The district attorney, thirty-six hundred dollars per annum. He shall have one deputy at a salary of twenty-four hundred dollars per annum, and two deputies at a salary of eighteen hundred dollars per annum each. He shall also have a detective at a salary of one hundred and ten dollars per month. He shall have for use in his office and under his supervision and control a stenographer, which office of stenog- rapher is hereby, by the terms of this act, expressly created. The said position of stenographer to be filled by the district attorney in the same manner as deputies are appointed by hira and said stenographer to be at all times, as to his duties, under the supervision and control of the district attorney in the same manner as deputies of such district attorney are under his supervision and control. Said stenographer shall receive a salary of twelve hundred dollars per annum and shall receive no other compensation by reason of services rendered as a stenographic reporter in any action or proceeding wherein the fees or per diem of a stenogiaphic reporter constitute a charge against the county. Coroner. 10. The coroner, such fees as are now or may hereafter be allowed by law. Public administrator. 11. The public administrator, such fees as are now or may hereafter be allowed bv law. 639 POLITICAL CODE. § 4234 Superintendent of schools. 12. The superintendent of schools, two thousand seven hundred dollars per annum. He shall have one deputy at an annual salary of eighteen hundred dollars and one deputy at an annual salary of fifteen hundred dollars. He shall have for use in his office and under his supervision and control one assistant superintendent, which office of assistant super- intendent is hereby, by the terms of this act, expressly provided. The said position of assistant superintendent to be filled by the superin- tendent of schools in the same manner as deputies are appointed and said assistant superintendent of schools to be at all times as to his duties under the supervision and control of the superintendent of schools, which said assistant superintendent is to receive a salary of eighteen hundred dollars per annum. The superintendent and assistant superintendent shall be allowed actual traveling expenses when visiting the schools in the county. Surveyor. 13. The surveyor, two thousand dollars per annum in full compensa- tion for all services as county surveyor, as road viewer or inspector and his actual expenses when at work in the field. He shall have one deputy at an annual salary of eighteen hundred dollars per annum. Population of townships, how determined. 14. The registered population of tlie several judicial townships of this count}' is hereby determined to be the registered votes as shown by the great register of the county in the office of the county clerk January first, nineteen hundred and thirteen. The salaries of the con- stables in the several townships shall be determined by the registered voting population as shown by said register at the general election of the preceding even numbered j-ear as follows, to wit: Judicial Township No. 1 375 Judicial Township No. 2 1,029 Judicial Township No. 3 16,544 Judicial Township No. 4 1,499 Judicial Township No. 5 1,699 Judicial Township No. 6 3,756 Judicial Township No. 7 1,884 Judicial Township No. 8 1,626 Judicial Township No. 9 731 Judicial Township No. 10 624 Judicial Township No. 11 815 Judicial Township No. 12 • 436 Judicial Township No. 13 715 Judicial Township No. 14 531 The board of supervisors shall determine the population of each town- ship for the purpose of fixing the salary of the township officers afore- said in the month of December biennially. § 4234 POLITICAL CODE. • 640 Townships how classiSed. I4a. For the purpose of regulating the compensation of the constables and justices of the peace, townships of this class of counties are hereby classified according to the registered voting population as shown bv the great register of the county. Townships having a registered voting pop- ulation of ten thousand and more shall belong to and be known as town- ships of the first class; townships having a like population of one thousand four hundred and fifty and less than ten thousand shall belong to and be known as townships of the second class; townships having a like population of six hundred and less than one thousand four hundred and fifty shall belong to and be known as townships of the third class; townships having a like population of less than six hundred shall belong to and be known as townships of the fourth class. Justices of the peace. ] lb. Persons now holding the office of justice of the peace and persons now performing the duties of justices of the peace shall during the terms for which they were elected receive the following monthly salaries to be paid each month as the county officers are paid, and the same shall be in full compensation for all services rendered in criminal cases and shall include their office rent, to wit: In townships of the first class $2f10 In townships of the second class li'O In townships of the third class 75 In townships of the fourth class 60 In addition to the monthly salaries herein allowed each justice of the peace now holding office may during the term for which he was elected receive and retain for his own use sucli fees as are now or may hereafter be allowed by law for all services rendered by him in criminal actions. From and after the expiration of the terms of office of justices of the peace now holding office, justices of the peace and persons performing the duties of justices of the peace shall receive the following monthly salaries to be paid each month as the county officers are paid, and the same shall be in full coni]ieiisation for all services rendered in criminal cases and shall include their office rent, to wit: In townships of the first class $'2iio Tn townships of the second class 75 In townships of the third class 60 In townships of the fourth class oU In addition to the monthly salaries last above specified each justice of the peace may receive and retain for his own use such fees as are now or may be hereafter allowed by law for all services rendered by him in civil actions excepting, however, justices of the peace in town- ships of the first class which justices of the peace shall pay to the county treasurer once a month all fees collected by them in civil actions and shall be resjionsible for the collection and payment to the county treas- urer of all such civil fees as herein provided. All justices of the peace 641 POLITICAL CODE. § 4234 in townships of this class of counties must pay into the county treasury once a month all fines collected by them in criminal actions. Constables. 15. Constables now holding office shall during the terms for which they were elected receive the following monthly salaries to be paid each month as the county officers are paid and to be in full compensation for all services rendered by them in criminal cases, to wit: In townships of the first class $125 In townships of the second class 100 In townships of the third class 75 In townships of the fourth class 60 From and after the expiration of the terms of office of constables now holding office constables shall receive the following monthly salaries to be paid each month as the county officers are paid and to be in full compensation for all services rendered by them in criminal actions, to wit: In townships of the first class $100 In townships of the second class 75 In townships of the third class 60 In townships of the fourth class 50 In addition to the monthly salaries above provided each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil cases, and shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to court or prison, which expenses shall be audited by the board of supervisors and paid out of the county treasury; provided, further, that where any constable is required to go out of his own county to serve a warrant of arrest or any other paper in a criminal case, he shall be allowed mileage in going and returning outside of his own county at the rate of five cents per mile. Supervisors. 16. The supervisors shall receive each the sum of eighteen hundred dollars per annum, payable monthly in installments of one hundred and fifty dollars per month, in full compensation for all services rendered, either as supervisors or road overseers. Salaries payable monthly. 17. The salaries of all county and township officers and their deputies shall be payable in installments monthly on the first day of each month. [Amendment approved June 16, 1913; Stats. 1913, p. 1253.] Also amended February 28, 1911 (Stats. 1911, p. 129), April 5, 1911 (Stats. 1911, p. 674), and January 12, 1912 (Stats. Ex. Sess. 1911, p. 225). 41 § 4235 POLITICAL CODE. 642 Counties, sixth class — Sacramento. Salaries of officers. § 4235. In counties of the sixth class the county oflficers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: County clerk, 1. The county clerk, three thousand six hundred dollars per annum, and also such compensation as is now or may hereafter be allowed by law; provided, that in counties of this class there shall be and there is hereby allowed to the county clerk, the following deputies, clerks and assistants, to be appointed by said county clerk, which positions are hereby created, and the salaries of which are hereby fixed as follows: one chief deputy county clerk, twenty-one hundred dollars per annum; two additional deputies, fifteen hundred dollars each per annum; two deputies to act as index clerks, twelve hundred dollars each per annum; two deputies to act as stenographers, twelve hundred dollars each per annum; three deputies to act as copyists, twelve hundred dollars each per annum; three court room clerks, one thousand five hundred dollars each per annum; one deputy who shall be the registrar of voters, two thousand four hundred dollars per annum; one deputy who shall be the assistant registrar of voters, fifteen hundred dollars per annum; and a deputy or deputies not to exceed five, for the purpose of registering electors, to be j>aid not to exceed four dollars per diem each; provided, that said deputies so employed for registering electors shall not be employed except during a year when a general election is to be held throughout the state and then only between the first day of February and the fifteenth day of November of said year; and such deputies as may be needed for the purpose of registering electors in precincts outside of the corporate limits of municipalities containing twenty-five thousand or more inhabitants, who shall be paid fifteen cents per name for each person legally registered by such deputy; provided, further, that whenever a municipal, special state, or special county election, is held, the county clerk, in counties of this class, shall be, anil he is hereby allowed the following additional help: five clerks for a period of. and not exceeding, sixty days, preceding such elections, whose salaries shall not exceed four dollars per diem each. The salaries and compensa- tions of each of said deputies, clerks anil assistants to be paid out of the county treasury in equal monthly installments in the same manner and at the same time as other county officials are paid. Sheriff, 2. The sheriff shall receive three thousand six hundred dollars per annum salary; the sheriff shall also receive for his own use the fees for mileage which are now, or which may hereafter, be allowed by law, and the fees and commissions for the service of all papers whatsoever issued by any court of the state outside of said county, and shall also receive his necessary expenses in all criminal cases. The sheriff shall also be paid twelve and one-half cents per meal each for all 643 POLITICAL CODE. § 4235 meals furnished prisoners confined in the county jail. That in counties of this class there shall be and there is hereby allowed to the sheriff the following deputies, jailers and bailiffs, to be appointed by the said sheriff which positions are hereby created and the salaries of which are hereby fixed as follows: One deputy who shall act as under-sheriff at a salary of twenty-one hundred dollars per annum; three deputies who shall act as jailers at a salary of thirteen hundred and twenty dollars per annum each; three de]iuties who shall act as criminal deputies at a salary of fifteen hun- dred dollars per annum each and three deputies who shall act as bailiffs at a salary of thirteen hundred and twenty dollars per annum each. One matron to attend female prisoners at a salary of ninety dollars ($90) per month; one engineer or fireman to attend to the heating apparatus of the county jail at a salary of ninety dollars f$90) per month. All deputies herein mentioned shall be paid at the same time and manner that their principal is paid. Recorder. 3. The recorder, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be and there is hereby allowed to the recorder, which said positions are hereby created, the following deputies, clerks and copyists, who shall be appointed by such recorder and shall be paid salaries and compensations as follows: one chief deputy, at a salary of two thousand one hundred dollars per annum; one comparing clerk at a salary of fifteen hundred dollars per annum; one mortgage clerk, at a salary of twelve hundred dollars per annum; one index clerk, at a salary of fifteen hundred dollars per annum. Said recorder may also appoint such copyists, not to exceed four, as may be required for the recording of all papers, notices or documents in his office, who shall receive as compensation for their ser- vices, the sum of twelve hundred dollars each per annum; said recorder may also appoint two filing clerks, at a salary of twelve hundred dollars each per annum. The salaries and compensations of all deputies, clerks and copyists herein provided for, each of whom shall be a deputy county recorder, shall be paid by said county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the county recorder is paid. Auditor. 4. The auditor, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be, and there is hereby allowed, to the auditor, which said positions are hereby created, the following deputies who shall be appointed by the auditor of such county, and shall be paid salaries and compensation as follows: one chief deputy at a salary of twenty-one hundred dollars per annum; one re- demption and index deputy at a salary of eighteen hundred dollars per annum; one warrant deputy at a salary of eighteen hundred dollars § 4235 ' POLITICAL CODE. 644 per annum, and such additional assistants as the auditor may require and whose compensation shall not exceed nine hundred dollars per annum in the aggregate for all assistance so rendered; provided, that a verified statement showing in detail the amounts paid and the persons to whom and the purpose for which such compensation has been paid for such additional assistants, as aforesaid, shall be filed with the county clerk, and the auditor shall certify thereon to the correctness of said claim. The salaries herein provided for shall be paid by the said county in equal monthly installments at the same time and in the same manner and out of the same fund as the salary of the auditor is paid. Treasurer. 5. The treasurer, thirty-six hundred dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed the following deputies, to be appointed by said treasurer, which positions arc hereby created: one deputy who shall be the assistant treasurer who shall receive a salary of twenty-one hundred dollars per annum; one deputy to act as warrant clerk at a salary of eighteen hundred dollars per annum, the salaries of each said assistant and clerk to be paid out of the county treasury in equal monthly installments in the same man ner and at the same time as other county oflfiiials. It is hereby furthei provided that in counties of this class the treasurer shall re«eive the commission heretofore or hereafter allowed by law. Tax collector. G. The tax collector, three thousand dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the tax collector, the following deputies, bookkeepers and assistants to be appointed by said tax collector, which positions are hereby createil: one chief deputy at a salary of eighteen hundred dollars per annum; one otlice deputy at a salary of fifteen hundred dollars ]>er annum and one bookkeeper at a salary of fifteen hundred dollars per annum; and one dejiuty, which oflBce is hereby created, who shall be correspondence and mail clerk at a salary of twelve hundred dollars per annum; pro- vided, further, that the tax collector shall have two additional deputy tax collectors to serve as such for a period of six months in each year and who shall receive a salary of one hundred dollars per month, also three additional deputy tax collectors to serve as such for a period of three months in each year and who shall receive a salary of one hun- dred dollars each per month, also one additional deputy tax collei-tor to serve as cashier for two months in each year and who shall receive a salary of one hundred dollnrs each per month all of which shall be paid by the county. The salaries of all deputies, assistants, and bookkeepers herein provided for shall be paid by the said county in equal monthly installments at the same time and in the same manner and out of the same fund as the tax collector is paid. 645 POLITICAL CODE. § 4235 License collector. 7. The license collector, one thousand eight hiinilred dollars per annum. Said license collector shall be allowed the actual and necessary expenses incurred by him in the performance of his official duties and he shall pay into the county treasury all foes received by him in his official cajiacity from whatever source they may be derived. Assessor. 8. The assessor four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the assessor the following deputies, clerks and assistants, to be appointed by said assessor, which positions are hereby created, and the salaries of which are hereby fixed as follows: one assistant county assessor at twenty-one hundred dollars per annum; one chief deputy assessor, eighteen hundred dollars per annum; one offic§ deputy assessor, fifteen hundred dollars per annum; one city real estate valuation deputy, fifteen hundred dollars per annum; one country real estate valuation deputy, for not exceeding eight months in any one year, at a salar}' of one hun- dred and twenty-five dollars per month; one mortgage and transfer assistant assessor, twelve hundred dollars per annum; one field deputy assessor, for not exceeding six months in any one year, at a salary of one hundred and twenty-five dollars per month; one head country field deputy, jfior not exceeding four months in any one year, at a salary of one hundred and fifty dollars per month; one head city field deputy, for not exceeding four months in any one year at a salary of one hundred and twenty-five dollars per month; six field deputy assessors, for not exceeding four months in any one year, at a salary of one hundred and twenty-five dollars each per month; ten field deputy assessors, for not exceeding four months in any one year, at a salary of one hundred dol- lars per month each; two clerks, for not exceeding two months in any one 3'ear, at a salary of one hundred dollars each per month. The salaries of the assistant county assessor, chief deputy assessor, office deputy assessor, city real estate valuation deputy, country real estate valuation deputy, head country field deputy, head city field deputy, clerks, mortgage and transfer assistant assessor, and field deputy asses- sors herein provided for shall be paid by the said county in monthly in- stallments at the same time, manner and out of the same fund as the county assessor is paid. It is hereby further provided that in counties of this class the assessor shall receive no commission for his collection of taxes on personal property, nor shall such assessor receive any com- pensation or commission for the collection of poll taxes or road poll taxes. District attorney. 9. The district attorney, five thousand dollars per annum; provided, that in counties of this class there shall be, and there is hereby created and allowed to the district attorney, the following assistant, deputies and employees, who shall be appointed by the district attorney of said county, and who shall be paid salaries as follows: one assi'stant dis- § 4235 POLITICAL CODE, 646 trict attorney, whose salary is hereby fixed at the sum of thirty-six hundred dollars per annum; one chief deputy district attorney, whose salary is hereby fixed at the sum of twenty-seven hundred dollars per annum; one deputy district attorney, whose salary is hereby fixed at the sum of twenty-one hundred dollars per annum; one deputy district attorney, whose salary is hereby fixed at the sum of fifteen hundred dollars per annum, whose duty it shall be, in addition to performing services as deputy district attorney, to attend preliminary examina- tions held in all police and justice courts in the county and conduct on behalf of the people all prosecutions for felonies at such preliminary examinations, and, also, to attend and appear before the juvenile court of said county and prosecute proceedings therein; one clerk, who shall be a stenographer, whose salary is hereby fixed at the sum of twelve hundred dollars per annum; one county detective, who shall perform such duties as may be required of him by the district attorney or by the ordinances of the board of supervisors of the county, whose salary is hereby fixed at the sum of eigiiteen hundred dollars per annum; pro- vided, further, that in addition to the salary herein fixed for said county detective he shall be allowed and paid the actual and necessary expenses incurred by him in the performance of his ofiicial duties; pro- vided, further, that the said county detective shall file with the board of supervisors, a verified statement and claim showing in entail the amount paid, and the persons to whom and the purpose for which such payments were made; and provided, further, that in counties of this class the district attorney, in addition to the salary herein fixed, shall be allowed his traveling and other personal expenses incurred in criminal cases arising in the county and in civil actions and proceedings in which the county is interested, and all other expenses necessarily incurred by him in the investigation and detection of crime and the prosecution of criminal cases and in civil actions and proceedings, and all other matters in which the county is interested, all of which said charges and ex- penses so incurred by him shall be a legal charge against the county. Coroner. 10. The coroner, such fees as are now or may be hereafter allowed by law; provided, the coroner, or other officer holding an inquest upon the body of a deceased person may subpoena a chemist to make an analysis of the contents of the stomach or tissues of the body, or a physician or surgeon to inspect the body, or hold a post-mortem examination of the deceased, and give a professional opinion as to the cause of death; and shall cause the testimony of all the witnesses at such inquest to be reduced to writing under his directions. The coroner in counties of this class shall be and he is hereby allowed the following assistants, namely, one deputy and one stenographer, which offices are hereby created; said deputy shall have the power and it shall be his duty when directed by the coroner to hold inquests, and all such power conferred by law upon the coroner may be exercised by said deputy, who shall (J47 POLITICAL CODE. § 4235 receive a salary of twelve hundred dollars per annum; the salary of said stenographer shall be fifteen hundred dollars per annum, which salary shall be in full for all services rendered by him as such stenog- rapher. Said stenographer shall take down in shorthand the testimony (if witnesses at inquests and shall transcribe the same into longhand and file a verified copy thereof with the county clerk. The salaries of said deputy and stenographer shall be paid by the county in the same manner, at the same time and out of the same fund as other county officers are paid. The said deputy coroner and the said stenographer shall each be appointed by the coroner. Public administrator. 11. The public administrator, such fees as are now or may be here- after allowed by law. Superintendent of schools. 12. The superintendent of schools, three thousand dollars per annum, and actual traveling expenses when visiting schools of the county, not exceeding five hundred dollars per annum; and the said superintendent of schools may appoint one assistant superintendent of schools, which office of assistant superintendent of schools is hereby created, who shall receive as compensation the sum of two thousand one hundred dollars per annum, payable at the same time and in the same manner as tue salaries of other county officers are paid. Each member of the board of education of the county shall receive five dollars per day as com- pensation for his services when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education of said county shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of the said board and of said secre- tary shall be paid out of the same fund as the salary of the superin- tendent of schools. Claims of such service and mileage shall be pre- sented to the board of supervisors and shall be allowed, at the rate above named, and in the same manner as other claims against the county are allowed. The compensation of members of the county board of education of this county hereby provided is not in addition to that provided in section 1770 of this code. Surveyor. ' 13. The surveyor, two thousand four hundred dollars per annum and in addition thereto all necessary expenses for work performed in the office and all necessary expenses and transportation for work performed in the field; provided, that in counties of this class whenever the board of supervisors shall order or the assessor may require assessor's map or block-books, then the surveyor shall receive, in addition to the salary above noted, the sum of fifteen hundred dollars additional expenses required for the preparation and completion of said maps or block-books. § 4235 POLITICAL CODE. 64d Justices of the peace. 14. In counties of this class justices of the peace shall be compensated as follows, and all salaries shall be payable monthly in the same man- ner as the salaries of county officers are paid, viz.: (1) In townships having a population of twenty-five thousand or more, justices of the peace shall each receive a salary of three hundred ($300) dollars per month as full compensation for al! services rendered by them in both criminal cases and in civil cases and in all cases wherein justices of the peace perform the duties of coroner. All fees chargeable and collectible by justices of the peace in criminal and civil cases for services rendered by them shall be collected by them and by them paid monthly into the county treasurj'. (2) In townshijis having a population of five thousand and less than twenty-five thousand, justices of the peace shall receive the sum of one hundred and forty ($140) dollars jier month as full compensation for all services rendered by them in both criminal cases and civil eases and in all cases wherein justices of the peace perform the duties of coroner. All fees chargeable and collectible by justices of the peace in criminal cases and in civil eases for services rendered bj' them shall be collected by them and by them paid monthly into the county treasury. (3) In townships having a population of three thousand and less than five thousand, justices of the peace shall each receive the sum ot one hunilred and twenty-five ($125) dollars as full compensation for all services rendered by them in both criminal eases and civil cases and in all cases wherein the justices of the peace perform the duties of coroner. All fees chargeable and collectible by justices of the peace in criminal cases and in civil eases for services rendered by them shall be collected by them and by them paid monthly into the county treasury. (4) In townships having a population of two thousand and less than three thousand, justices of the peace shall each receive the sum of one hundred ($100) dollars per month as full compensation for all services rendered by them in both criminal cases and in civil cases and in all cases wherein justices of the peace perform the duties of coroner. All fees chargeable and collectible by justices of the peace in criminal and civil eases for services rendered by them shall be collected by them and by them paid monthly into the county treasury. (5) In townships having a population of nine hundred and less than two thousand, justices of the j'cace shall each receive the sum sf seventy- five dollars per month as full compensation for all services rendered by them in both criminal cases and in civil cases and in all cases wherein justices of the peace perform the duties of coroner. All fees chargeable and collectible by justices of the peace in criminal cases and in civil cases for services rendered by them shall be collected by them and by them paid monthly into the country treasury. (6) In townships having a population of less than nine hundred, jus- tices of the peace shiill each receive the sum of fifty ($50) dollars per i 649 POLITICAL CODE. § 4235 month as full compensation for all services rendered by them in both criminal cases and in civil cases and in all cases wherein justices of the peace perform the duties of coroner. All fees chargeable and coUectiVjle by justices of the peace in criminal and civil cases for services rendered by them shall be collected by them and by them paid monthly into the county treasury; provided, further, that justices of the peace in town- ships contiguous to municipalities containing twenty-five thousand or more inhabitants or in which a penal institution is located shall be al- lowed a salary of one hundred and forty ($140) dollars a month each as full compensation for all services rendered by them in both criminal and civil cases and in all cases wherein the justices of the peace per- form the duties of coroner, and all fees chargeable and collectible by said justices of the peace in criminal eases and in civil eases for services rendered by them shall be collected by them and by them paid monthly into the county treasury. The population referred to in classifying the townships for the purpose of regulating the compensation of justices of the peace shall be the population found and determined by the federal census taken in the year 1910; provided, that if the township census be taken after the taking of the federal census under the provision of section 4055, then said census shall be known and shall become the official census of the township in which the same is taken, and the popu- lation therein determined shall be and become the official population of such township. Constables. 15. Constables, in townships having a population of between nine hundred and one thousand, and between twenty-two hundred and twenty- four hundred inhabitants, as found and determined by the last preced- ing federal census, shall be allowed a salary- of seventy- five dollars per month each and fifteen cents per mile actually traveled in taking prisoners to the county jail, in lieu of all fees in criminal cases. In all other townships, constables, such fees as are now or may be here- after allowed by law, except that the constables in townships contain- ing twenty thousand or more inhabitants shall be allowed a salary of one hundred and twenty-five dollars per month each, in lieu of all fees in criminal eases; provided, further, that constables in townships con- tiguous to municipalities containing twenty-five thousand or more in- habitants, or in which a state penal institution is located, shall be allowed a salary of one hundred dollars per month each, and fifteen cents per mile for every mile actually traveled in taking prisoners to the county jail, in lieu of all fees in criminal cases; provided, further, that constables, in townships not contiguous to municipalities contain- ing twenty-five thousand or more inhabitants, and constables in town- ships in which a state penal institution is not located, shall receive in addition to the fees now provided by law three dollars per diem for each day in actual attendance on the court in criminal cases, and fifteen cents per mile for each mile actually traveled in taking prisoners to the § 4236 POLITICAL CODE. 650 county jail. The salary of the constables as above provided to be paid at the same time and in the same manner as county officers are paid. Supervisors. 16. Each supervisor, one hundred and twenty-five dollars per month, and ten cents per mile for traveling to and from the county seat; pro- vided, mileage shall not be allowed oftener than once in each month. Offices of recorder and auditor separate. 17. The offices of recorder and auditor shall be separate and shall not be consolidated by the board of supervisors. Fees, jurors. IS. For attending as a juror in the superior court, for each day's at- tendance, per diem three dollars. For each mile actually traveled in attending court as juror, in going only, per mile, twenty-five cents. Analyst. 19. In counties of this class there may be a county analyist, to be appointed by the board of supervisors, who sTiall receive a salary of not less than fifty dollars per month, to be paid at the same time and in the same manner as other county officers are paid. He shall furnish his own laboratory. He shall perform such service as may be required by the district attorney, coroner, or by ordinances of the board of super- visors. He shall have been a resident of the county for at least two years and shall be a graduate of a recognized university or technical school and shall have had at least three years' experience in forensic and analytical chemistrj'. Office furnished township officers. 20. In townships containing twenty thousand or more inhabitants the board of supervisors shall furnish the justice of the peace and the constables of such townshijis an office, to be occupied by such justice and constables jointly. [Amendment approved June 16, 1913; Stats. 1913, p. 1305.] .\lso amended February 28, 1911 (Stats. 1911, p. 134), and April 15, 1011 (Stats. 1911, p. 924). Citations, .^pp. 8/694. Counties, seventh class —San Diego. Salaries of officers. § 4236. In counties of the seventh class the county officers shall receive as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: County clerk. 1. The county clerk, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk one chief deputy who shall receive a salary of one thousand eight hundred dollars I'cr annum; one registra- tion clerk who shall receive a salary of one thousand five hundred dollars per annum; three court clerks who shall receive salaries of one 651 POLITICAL CODE, § 4236 thousand five hundred dollars each per annum; two deputies who shall receive salaries of one thousand three hundred and fifty dollars each per annum; one index clerk who shall receive a salary of one thou- sand two hundred dollars per annum; one stenographer who shall re- ceive a salary of one thousand and twenty dollars per annum; three copyists who shall receive salaries of one thousand and twenty dollars each per annum; and a deputy or deputies, not to exceed five, for the purpose of registering electors, to be paid not to exceed four dollars per diem each; provided, that said deputies so employed for registering electors shall not be employed except during a year when a general election is to be held throughout the state, and then only between the first day of June and the fifteenth day of November of said year, and such deputies as may be needed for the purpose of registering electors in precincts outside of the corporate limits of municipalities containing twenty-five thousand or more inhabitants, who shall be paid ten cents per name for each person legally registered by them, the salaries and compensations of each of said deputies and clerks to be paid out of the county treasury in equal monthly installments in the same manner and at the same time as the other county officials are paid. Sheriff. 2. The sheriff, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be and there hereby is allowed to the sheriff one under-sheriff, whose salary is hereby fixed at the sum of one thousand eight hundred dollars per annum, and the following deputies and employees: One deputy who shall be head jailer, and who shall receive the salary of one thousand five hundred dollars per annum; one deputy who shall receive a salary of one thousand two hundred dollars per annum; one deputy who shall receive a salary of nine hundred dollars per annum; a service deputy who shall receive a salary of one thousand five hundred dollars per annum; five deputies who shall receive salaries of one thousand two hundred dollars each, per annum; one stenographer who shall receive a salary of nine hun- dred dollars per annum; one bookkeeper who shall receive a salary of one thousand two hundred dollars per annum; six deputies who shall be turnkeys at the jail, whose salaries shall be one thousand and twenty dollars each, per annum, but no more turnkeys are to be employed than are absolutely necessary to handle the requirements of the jail; and three deputies who shall be known as country deputies, who shall receive salaries of one thousand two hundred dollars each per annum. In counties of this class there shall be a matron of the county jail, to be appointed by the sheriff, and who, under the direction of the sheriff, shall have charge of all female prisoners in the county jail, and who shall receive a salary of nine hundred dollars per annum, to be paid by the county in monthly installments at the same time, in the same manner, and out of the same fund as is the salary of the sheriff. In counties of this class the sheriff shall be allowed by the board of § 4236 POLITICAL CODE. 652 supervisors his actual necessary expenses for pursuing criminals, or for transacting of criminal business, and his actual necess^ary expenses for service of all process and notices, and each and all such expenses shall be a charge against the county and allowed by the board of su- pervisors, and paid as other county charges are paid. In counties of this class the sheriffs shall receive no per diem for taking prisoners to and from state institutions and shall be allowed their actual ex- penses only; nor shall the sheriffs be allowed to retain for their own use any fees for service of any process issued out of any court in the counties of which they are sheriffs, but such fees shall when collected be turned in to the county treasurers of such counties; and all mileage heretofore allowed to sheriffs of such counties for the service of any such papers or process issued out of any such courts shall be collected by said sheriffs and paid in to the county treasurers, except that the sheriffs shall be paid by the counties, on presentation of their bills duly verified in the manner provided by law, their actual expenses incurred by them in serving such papers or process. The provisions of this section shall apply to the service of all process, whether criminal or civil, and to the transportation of all persons or prisoners to or from state Institutions. Eecorder, 3. Tlie recorder, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be and there is hereby allowed the recorder the following deputies and copyists who shall be appointed by the recorder of said county, and shall be paid as follows: One chief deputy wlio sliall receive one thousand eight h\indred dollars per annum; one index deputy who shall receive a salary of one thousand three hundred and fifty dollars per annum; one assistant index clerk who shall receive a salary of one thousand two hundred dollars ]i"r annum; one chief filing clerk who shall receive a salary of one thousand two hundred dollars per annum; one assistant filing clerk who shall receive a salary of one thousand and twenty dollars per annum; three compilation clerks who shall receive salaries of one thousand and twenty dollars each, per annum; and as many copyists as may be re quired, who shall receive as compensation the sum of five cents per folio for recording all instruments or notices except maps and plats, and for copies of any records, five cents per folio. Auditor. 4. The auditor, three thousand six hundred dollars per annum; pro- vided, that there is hereby allowed to the auditor the following deputies: One chief deputy who shall receive a salary of one thousand nine hundred and fifty dollars per annum; one deputy who shall receive a salary of one thousand six hundred and eighty dollars per annum; one deputy who shall receive a salary of one thousand three hundred anil fifty dollars per annum; one deputy who shall receive a salary of nine hundred dollars per annum; five additional deputies at a salary o! 653 POLITICAL CODE. § 4236 four dollars per day each, for each day employed for a period not to exceed one hundred and fifty-six days in any one year. Treasurer. 5. The treasurer, three thousand six hundred dollars per annum; pro- vided, that in counties of this class there shall be and there here!)}- is alJowed to the treasurer, the following deputies, who shall be appointed by the treasurer and shall receive salaries as follows: One deputy who shall receive a salary of two thousand one hundred dollars per annum, and one deputy wlio shall receive a salary of one thousand three hun- dred and fifty dollars per annum. The salary of the treasurer herein- above provided shall be in full compensation for all services rendered, and the fees heretofore cliargeable and collected by him for return- ing to the state the collateral inheritance tax and for the performance of his official duties in connection therewith shall be paid in to the county treasury and be the property of said county; and said treasurer shall receive no fees, compensation or commissions of any kind or char- acter for any service rendered by him in connection with said collat- eral inheritance tax. Tax collector. 6. The tax collector, three thousand six hundred dollars per annum and such fees as are allowed by law; one chief deputy who shall receive a salary of two thousand one hundred dollars per annum; two deputies who shall receive salaries of one thousand three hundred and fifty dollars each, per annum; two deputies who shall receive salaries of one thousand two hundred dollars each, per annum; a stenographer who shall receive a salary of one thousand and twenty dollars per annum;, twelve additional clerks at a salary of four dollars per day each, for each day employed, for a period not to exceed one hundred and fifty- six days in any one year. Assessor. 7. The assessor, three thousand six hundred dollars per annum, and traveling expenses incurred in the discharge of his official duties not exceeding three hundred dollars per annum; provided, that in counties of this class there shall be, and there hereby is allowed to the assessor, one chief deputy who shall receive a salary of one thousand eight hun- dred dollars per annum; one first deputy who shall receive a salary of one thousand three hundred and fifty dollars per annum; a second deputy who shall receive a salary of one thousand two hundred dollars per annum; two deputies for a period not exceeding six months in any one year at salaries of one hundred dollars per month each; one deputy for a period not exceeding five months in any one year at a salary of one hundred dollars per month; four deputies for a period not ex- ceeding four months in any one year, at salaries of one hundred dol- lars each per month; one stenographer who shall receive a salary of one thousand and twenty dollars per annum; six deputies for a period § 4236 POLITICAL CODE. 654 not exceeding one hundred and four days each fourth year, whose per diem shall be four dollars each when actually employed. It is further provided that in counties of this class the assessor shall receive no com- mission for his collection of taxes on personal property, nor shall such assessor receive any comjiensation or commission for the collection of poll taxes, or road poll taxes, nor shall the assessor receive any compensation for making out the military roll of persons returned to him as subject to military duty as provided by section 1901 of the Political Code; provided, however, that fifteen per cent of all moneys collected by him for poll taxes and road poll taxes shall be allowed to such counties on their settlement with the state, and be and remain the property of such counties. It is further provided that in counties of this class, in addition to the deputies already allowed, there shall be and is hereby allowed to the assessor, twenty deputies who shall receive salaries of four dollars per day each, five deputies who shall receive salaries of five dollars per day each, and five deputies who shall receive salaries of three dollars per day each for a period not exceeding seventy-eight days in any one year. District attorney. 8. Tlie district attorney, four thousand dollars per annum; also one assistant district attorney, who shall receive a salary of three thousand dollars per annum; two deputy district attorneys who shall receive salaries of two thousand four hundred dollars each per annum; one deputy district attorney who shall receive a salary of two thousand dollars per annum; one deputy district attorney who shall receive a salary of one thousand eight hundred dollars per annum, and two stenographers who shall receive salaries of one thousand two hundred dollars each, per annum. It is further provided that in counties of this class the district attorney be and is hereby allowed a detective who shall receive a salary of one thousand six hundred and fifty dollars per annum. Superintendent of schools. y. The superintendent of public schools, two thousand seven hundred and fifty dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed the superintendent of public schools, one assistant superintendent, who shall receive a salary of two thousand dollars per annum; one deputy superintendent who shall receive a salary of one thousand two hundred dollars per annum and one bookkeeper who shall receive a salary of one thousand two hundred dollars per annum. In counties of this class the secretary of the county board of education shall not be paid or allowed to receive any com- pensation whatever for his services as secretary of such hoard, nor for any services rendered in connection therewith; and provided, further, that in counties of this class, the county school superintendent shall receive his actual and necessary traveling,' expenses for visiting and examining the various schools in his county; provided, that this amount shall not exceed five dollars per district per annum. ^ 655 POLITICAL CODE. § 4236 Public administrator. 10. The public administrator, such fees as are now or maj' hereafter be allowed by law. Coroner. 11. The coroner, one thousand five hundred dollars, and in addition thereto the board of supervisors shall allow the coroner his actual trav- eling expenses in the performance of his official duties within the county, when called away from the county seat. It is further provided that in counties of this class there shall be and there is hereby allowed the coroner, one assistant coroner, who shall receive a salary of nine hundred dollars per annum; one autopsy surgeon to be appointed by the coroner who shall receive a salary of one thousand five hundred dollars per annum, and one summoning officer who shall, as compensa- tion for his services, receive a fee of twenty-five cents for each and every person sworn as a coroner's juror. Surveyor. 12. The surveyor, three thousand six hundred dollars per annum, also one office deputy who shall receive a salary of one thousand eight hundred dollars per annum; one principal field deputy who shall receive a salary of one thousand eight hundred dollars per annum; one assist- ant field deputy in the assessor's office who shall receive a salary of one thousand two hundred dollars per annum; one assistant office deputy who shall receive a salary of one thousand and eighty dollars per annum; three draftsmen who shall receive salaries of nine hundred dollars each per annum; two deputies, chiefs of parties, who shall receive salaries of one thousand two hundred dollars each per annum; three instrument men who shall receive salaries of nine hundred and sixty dollars each per annum, and such other assistants as may be necessary for field work, who shall receive a compensation of three dollars per diem and expenses, when working in the field. Constables. li). Constables, in civil cases, such fees as are now or may hereafter be allowed by law; and in criminal cases in townships having a popu- lation of sixteen thousand or more, in lieu of fees now allowed by law, the sum of one hundred dollars per month; and in townships having a population of less than sixteen thousand, such fees as are now, or may hereafter be allowed by law; provided, however, that no constable in such township shall be allowed in any one month out of the county treasury more than one hundred dollars in misdemeanor cases; pro- vided, further, that in such townships they shall receive for each day's attendance in criminal cases, when required by the justice to be pres- ent, two dollars per day; provided, further, that in all townships the constables thereof shall be allowed actual traveling expenses only, in lieu of mileage, for taking prisoners to the county jail. Justices of the peace. 14. Justices of the peace, in all townships having a population of sixteen thousand or more, three thousand dollars per annum in full § 4237 POLITICAL CODE. ^::}(i of all compensation in both civil and" criminal cases; in townships having a population of less than sixteen thousand, such fees as are now, or may hereafter be allowed by law; provided, however, that no jus- tices of the peace in such townships shall be allowed, in any one month out of the county treasury, more than one hundred dollars in misde- meanor cases. The board of supervisors of such county shall furnish the township justices of the peace and the constables in townships having a population of sixteen thousand or more, with suitable court- rooms for said justices of the pea?e, and an office with necessary and proper furniture therefor, for each of said constables. Supervisors. 15. Each member of the board of supervisors, one thousand dollars per annum and fifteen cents per mile in going from his residence to the county seat at each meeting of the board. Also five hundred dollars per annum each and fifteen cents for each mile actually traveled in performing services as road commissioner; provided, that said super- visors shall not in any one year receive more than one thousand dollars each in mileage as road commissioner. Special llelp. U). liringing records down to date in any office in connties of the seventh class, when the work of said office has not been brought down to date, and was in such condition when the present incumbent was inducted into office, the board of sujiervisors may authorize said in- cumbent to perform the labors that should have been performed by his predecessors in office and for that purpose may authorize said in- cumbent to employ special clerical help, at a compensation to be fixed by the board of supervisors, at so much per diem; provided, that the provisions herein shall api)ly only to work that should have been done by the incumbent's predei-essor in office. Deputies, etc., paid monthly. 17. The deimtit'S; clerks, copyists and employees mentioned in this section are hereby allowed to the respective county officrs named, who shall appoint the same, and said de[)Uties. dorks, copyists and employees shall be paid by the counties of this class in monthly installments, at the same time, in the same manner and out of the same fund as the salaries of the countv officers are paid. [Amendment approved June 16, 1913; Stats. 1913, 'p. 1354.] Also amended Vehruary 28, 1911 (Stats. 1911, p. 140), and May 1, 1911 (Stats. 1911, p. 1262). Citations. App. 8/22; 18/388; (subd. 17) 18/389. Counties, eighth class — San Bernardino. Salaries of officers. § 4237. In counties of the eiglith class the county officers shall re- ceive as compensation for the services required of them by law, or by virtue of their office, the following salaries, and shall have as deputies or assistants the respective employees hereinafter named, to wit: 657 POLITICAL CODE. § 4237 1. The county clerk, two thousand seven hundred dollars per aaiium, and the sum of five hundred dollars for making the great register, and ten cents for each person registered, and such fees as may be allowed by law for issuing hunting or fishing licenses, and there shall be, and there is hereby, allowed to the county clerk in addition, one chief dep- uty, to be appointed by the county clerk, who shall be paid a salary of one thousand two "hundred dollars per annum, and two additional depu- ties, who shall be paid the sum of one thousand dollars per annum each, and one deputy who shall be paid the sum of nine hundred dollars per annum, the said salaries to be paid by such county in monthly install- ments at the time, and in the manner and out of the same fund as the salaries of county officers are paid. 2. The sheriff, three thousand dollars per annum and all commissions, fees and mileage for the service of papers or process coming from courts other than those of his own county, and there shall be, and there is hereby, created the office of jailer to be appointed by the sheriff, who shall be paid a salary of one thousand two hundred dollars per annum, and also one chief deputy, to be appointed by the sheriff, who shall be paid a salary of one thousand two hundred dollars per annum, and also two deputies to be appointed by the sheriff, who shall be paid the sum of one thousand two hundred dollars per annum each, and also one deputy who shall be appointed by the sheriff, who shall be paid a salary of nine hundred dollars per annum, said salaries to be paid by such county in monthly installments, at the time and in the manner and out of the same fund as the salaries of county officers are paid. 3. The recorder, two thousand seven hundred dollars per annum, and five cents per folio for recording, and in addition thereto there is hereby allowed to the county recorder, one deputy, to be appointed by the county recorder, who shall be paid a salary of one thousand two hun- dred dollars per annum, the said salaries to be paid by such county in monthly installments, at the time and in the manner and out of the same fund as the salaries of county officers are paid. 4. The auditor, two thousand seven hundred dollars per annuip, and there shall be, and there is, allowed to the auditor in addition, one chief deputy to be appointed by the auditor, who shall be paid a salary of one thousand two hundred dollars per annum, and also one deputy to be appointed by the auditor, who shall be paid a salary of one thou- sand dollars per annum, and who in addition to the other duties as deputy, shall prepare for the board of supervisors the statistical re- port showing in compendious form all the financial transactions of the county for the last fiscal year, exhibiting separately the receipts and expenditures by or on account of each office, board, commission, insti- tution, court, and road district and school district, and classifying the principal items of income and expenditure, so as to show the financial transactions and the financial condition of the county, as required un- der section 117 of an act entitled an act to establish a uniform system of county and township government, approved April 1, 1897, as amended "42 § 4237 POLITICAL CODE. 658 March 23, 1901, and there shall be, and there is allowed to the auditor in addition, three clerks to be appointed by the auditor, who shall be paid a salary of seventy-five dollars per month each, not to exceed one month in any one year; said salaries to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid. 5. The treasurer, two thousand seven hundred dollars per annum, and in addition thereto, there is hereby allowed to the county treasurer, one deputy to be appointed by the treasurer, who shall be paid one hun- dred dollars per month, not to exceed three months in anj- one year. 6. The tax collector, two thousand seven hundred dollars per annum, and there shall be, and there is, allowed to the tax collector, one chief deputy, to be appointed by the tax collector, who shall be paid a salary of one thousand two hundred dollars per annum, and such additional assistants as the tax collector may require, the compensation of which assistants, however, shall not exceed in the aggregate the sum of two thousand one hundred dollars per annum, said salaries to be paid by said county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid; provided, however, that in counties of this class the tax collector shall receive no fees or commissions for the collection of licenses. 7. The assessor, five thousand five hundred dollars per annum, and the percentage allowed by law for the collection of poll taxes; and there shall be. and there is, allowed to the assessor in addition, one chief deputy to be appointed by the assessor, who shall be paid a salary of one thousand two hundred dollars per annum, said salaries to be jiaid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are ]iaiercentage received by the assessor on personal property taxes, and also amounts allowed for returning names of persons subject to military duty, and which in other counties of other classes is allowed to the assessor as compensation, shall be paid by him into the county treasury, and no part thereof shall be re- ceived by him as compensation. S. The district attorney, three thousand dollars per annum, and there shall be, and there is, allowed to the district attorney in addition, one chief deputy to be appointed by the district attorney, who shall be paid a salary of one thousand five hundred dollars per annum, and also one additional deputy to be appointed by the district attorney, who shall be paid a salary of one thousand two hundred dollars per an- num, each of whom shall be an attorney at law regularly admitted to practice before the courts of the state of California, and also one dejuity to be appointed by the district attorney, who shall be paid a salary of seven hundred and twenty dollars per annum, said salaries to be paid by such county in monthly installments at the time and in tlie manner and out of the same fund as the salaries of county officers are paid. 659 POLITICAL CODE. § 4237 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now, or maj-^ be here- atter allowed by law. IL The superintendent of schools, for full services including attend- ance on the county board of education, two thousand seven hundred dollars per annum, and his actual traveling expenses, necessarily in curred in the performance of his duties, and there shall be and there is allowed to the superintendent of schools in addition, one. deputy to be appointed by the superintendent of schools, who shall be paid a salary of one thousand two hundred dollars per annum, said salary to be paid by such county, in monthly installments' at the time and in the manner and out of the same fund as the salaries of county officers are paid. The office of the superintendent of schools shall be kept open on all business days from 9 o'clock A. M. to 5 P. M. 12. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty cents per mile, one ■way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools is paid. Claims for such services and mileage shall be presented to the board of supervisors and shall be allowed at the rate above named and in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that provided in section 1770 of this code. 13. The surveyor, two thousand four hundred dollars per annum, and in addition thereto all necessary expenses incurred in the field in per- forming county work, ordered hy the board of supervisors; and there shall be and there i's allowed to the surveyor in addition, one chief dep- uty, who shall be a competent draftsman to be appointed by the surveyor, who shall be paid a salary of one thousand two hundred dollars per an- num, and also one draftsman to be appointed by the surveyor, which office is hereby created, who shall be paid a salary of one thousand two hun- dred dollars per annum, and also one clerk who shall be appointed by the surveyor, which office of clerk is hereby created, who shall be paid a salary of nine hundred dollars per annum, said salaries to be paid in monthly installments at the same time and in the same manner and out of the same fund as the salaries of county officers are paid. 14. The justices of the peace, the following monthly salaries, to be paid each month as salaries of other county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of six thousand and over, ninety dollars per month; in townships having a population of two thousand four hundred and less than six thousand, seventy-five dollars per month; § 4238 POLITICAL CODE. 660 in townships having a population of one thousand five tunclred and less than two thousand four hundred, sixty dollars per month; in town- ships having a population of eight hundred and less than one thousand five hundred, fifty dollars per month; in townships having a popula- tion of five hundred and less than eight hundred, twenty dollars per month; in townships having a population of less than five'humlred, ten dollars per month. In addition to th« above salaries, each justice of the peace shall collect for his own use in civil cases such fees as are now or may hereafter be allowed by law. 15. Constables, the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of five thousand and more, eighty five dollars per month; in townships having a population of two thousand five hundred and less than five thousand, seventy-five dollars per month; in townships having a population of fifteen hundred and less than two thousand five hundred, sixty dollars [>er month; in townships having a population of eight hundred and less than fifteen hundred, fifty dollars per month; in townships having a pojmlation of five hundred and less than eight hundred, twenty dollars per month; in townships having a poj'ulation of less than five hundred, ten dollars per month. In addition to the monthly salary allowed herein, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. 16. The supervisors, the sum of one hundred and twenty-five dollars per month, each, us supervisors and road commissioners, and actual traveling exjienses not to exceed five hundred dollars for each super- visor in any one year. 17. Grand jurors and juro-s in the superior court in criminal cases shall be paid two dollars and fifty cents per day for each day's at- tendance, and for each mile actually traveled in going only, while act- ing as such juror, fifteen cents; and the judge of said court shall make an order directing the auditor to draw his warrant on the treasurer in favor of such juror for said per diem and mileage, and the treasurer shall pay the same. IS. The population of townships shall, for the purpose of this section, be determined by the last preceding United States census, and in case townships are formed after the taking of the census, then the popula- tion shall be determined by multiplying the vote for governor cast in such township, at the last preceding election, by four. [Amendment approved April 29, 1911; Stats. 1911, p. 1236.] There was another § 4237 adopted at the same session. See Stats. 1911, p. 143. Couijties, ninth class — San Joaquin. Salaries of officers. § 4238. In counties of the ninth class, the county and township offi- cers shall receive as compensation for the services rerpiired of them by law, or by virtue of their office, the following salaries, to wit: 661 POLITICAL CODE. § 4238 County clerk. 1. The county clerk, three thousand six hundred dollars per annum. This is a decrease of the compensation of the county clerk and shall apply to the present incumbent. Sheriff. 2. Tlie sheriff, four thousand five hundred dollars per annum. The sheriff shall also be allowed his actual, reasonable and necessary ex- penses in all civil and criminal cases. This is a decrease of the com- pensation of the sheriff and shall apply to the present incumbent. Becorder. 3. The recorder, two thousand seven hundred and fifty dollars per annum. Auditor. 4. The auditor, three thousand six hundred dollars per annum. Treasurer. 5. The treasurer, two thousand six hundred dollars per annum. Tax collector. 6. The tax collector, one thousand nine hundred dollars per annum. The tax collector shall pay all his own traveling expenses. Assessor. 7. The assessor, foar thousand dollars per annum. The assessor shall also receive his actual, reasonable and necessary expenses while en- gaged in his official duties in the field. District attorney. 8. The district attorney, three thousand six hundred dollars per an- num. Coroner. 9. The coroner, such fees as are now or may be hereafter allowed by law. Public administrator. 10. The public administrator, such fees as are now or may be here- after allowed by law. Superintendent of schools. 11. The superintendent of schools, three thousand three hundred dollars per annum. The superintendent of schools shall pay all his own traveling expenses when visiting the schools of his county. Surveyor, 12. The surveyor, twenty-four hundred dollars per annum, and actual, reasonable and necessary expenses when engaged in the field or in the office in the discharge of his official duties in the county. Justices of the peace. 13. .Tustices of the peace shall receive the following salaries for all services rendered by them, payable iu the same manner as countv offi- § 4238 POLITICAL CODE. 662 cers are paid — viz.: in townships having a population of twenty thou- sand or more, two hundred and fifty dollars per month; in townships having a population of not less than five thousand nor more than twenty thousand, one hundred dollars per month; in townships having a popula- tion of not less than three thousand nor more than five thousand, sixty dollars per month; in townships having a population of not less than two thousand nor more than three thousand, forty-five dollars per month; in townships having a population of not less than one thousand four hundred nor more than two thousand, thirty-five dollars per month; in all townships having a population of less than one thousand four hundred, twenty-five dollars per month. The compensation herein fixed for justices of the peace shall be in full for all services rendered, and all fees collected by them shall be paid into the county treasury as provided by law, provided, that justices of the peace now holding oflSce shall, during their present term, be entitled to retain for their own use all civil fees. In townships having a population of twenty thousand or more, the justice of the peace shall be allowed a clerk, which position is hereby created. Such clerk shall be appointed by the justice of the peace of said township, and shall hold office during the pleasure of said justice of the peace. Said clerk shall give a bond in the sum of five thousand dollars, with at least two sureties to be approved by a judge of the superior court of the county in which said township is situated, conditioned for the faithful discharge of the duties of the office; and he shall receive an annua) salary of twelve hundred dollars. The justice's clerk shall keep a record of the proceedings of the said court, and shall issue all process ordered by the court, and shall collect and receive all fines and forfeitures in criminal cases and pay the same to the authorities legally entitled to receive the same, at the time and in the manner provided by law. He shall prepare bonds, justify bail when the amount has been fixed by the court, and shall have authority to admin- ister and certify oaths, and take and certify affidavits in any action, suit or proceeding in said justice's court. The clerk shall be in attend- ance on the court in the courtroom of said justice's court for the disjiatch of official business, daily, legal holidays excepted, from the hour of 9 o'clock A. M. until 5 o'clock P. M., and during such reasonable times thereafter as may be necessary for the proper performance of his duty. Constables. 14. Constables shall receive the following salaries for all services rendered by them in criminal cases, payable monthly in the same man- ner as county officers are paid — viz.: In townships having a popula- tion of fourteen thousand or more, one hundred dollars per month; in townships having a population of not less than five thousand and not more than fourteen thousand, seventy-five dollars per month; in town- ships having a population of not less than three thousand nor more than live thousand, fifty dollars i>er mouth; in townships having a population of not less than two thousand nor more than three thousand, 663 POLITICAL CODE, § 4238 forty-five dollars per month; in townships havinjr a population of not less than one thousand four hundred nor more than two thousand, thirty-five dollars per month. In all townships having a population of less than one thousand four hundred, twenty-five dollars per month. Constables in epunties of this class shall also receive for their own use and benefit such fees as are now or may be hereafter allowed by law for mileage in criminal cases and shall also receive such fees as are now or may hereafter be allowed by law in civil cases, i^ueh mileage in criminal cases is intended to cover the ordinary expenses of con- stables, and other than such mileage, they shall be allowed the follow- ing expenses and no other, to wit: In criminal, insane, inebriate and drug habitue cases, the actual, reasonable and necessary cost of trans- porting prisoners to and from the county jail; of supporting such prison- ers while in their custody; of pursuing criminals when a felony has been committed within their township and no warrant has been issued, whether an arrest is made or not; of transporting inebriates, drug habitues and insane persons from the justice's court to the place of detention and from the place of detention to the superior court, and from the superior court to the insane asylum, but no mileage shall be allowed for such transportation to the place of detention, to the superior court, or to the insane asylum. Supervisors. 15. Each member of the board of supervisors, twelve hundred dol- lars per annum, and their necessary expenses when attending to the business of the county, other than the meetings of the board; and fifteen cents a mile in traveling to and from his residence to the county seat; provided, that not more than one mileage at any one term of the board shall be allowed. Each member of said board may be allowed his actual expenses in attending the annual state con\ention of members of county boards of supervisors; provided, that the total expense of all members attending such convention shall not exceed fifty dollars in any one year. Bonds. IG. The bonds of the clerk, sheriff, recorder, auditor, treasurer, tax collector, assessor, district attorney, coroner, public administrator, superintendent of schools and surveyor, shall be executed with a relia^ ble bond and security company and the cost of said bond when duly approved, shall be a charge against the county, and payable out of the general fund. Deputies and. assistants. 17. The county clerk shall have one chief deputy, at a salary of twenty-one hundred dollars per annum; three courtroom deputies "at a salary of fifteen hundred dollars per annum each, three ofiice deputies at a salary of twelve hundred dollars per annum each; one deputy who shall act as clerk to the board of supervisors at a salary of iSfteen § 4238 POLITICAL CODE. 664 hundred dollars per annum; and a deputy or deputies not to exceed ten, for the purpose of registering electors or other emergencies, who shall be paid not to exceed three and a half dollars per diem each; also a deputy or deputies not to exceed ten, to register electors outside of the county seat, who shall receive a compensation of eight cents for each elector registered, and shall receive no other compensation or expenses. The county recorder one first assistant at a salary of eigh- teen hundred dollars per annum; one second assistant at a salary of fifteen hundred dollars per annum; two comparing or indexing clerks at a salary of twelve hundred dollars per annum each; two copyists at a salary of twelve hundred dollars per annum each; the recorder may, with the consent of the board of supervisors, hire necessary assistants in cases of emergency at a salary not to exceed three dol- lars and fifty cents per diem, each, nor shall the aggregate salaries for such work exceed twenty-four hundred dollars in any one calendar year. The treasurer, one chief deputy at a salary of two thousand four hun- dred dollars per annum, and one deputy at a salary of eighteen hundred dollars per annum; and one deputy at a salary of twelve hundred dol- lars per annum, and an emergency deputy, which position is hereby created, at a salary of four dollars per diem; which said emergency deputy shall not receive more than five hundred dollars in any one calendar year. The county auditor, one chief deputy at a salary of eighteen hunclred dollars per annum, one deputy at a salary of fifteen hundred dollars per annum; the auditor may, with the consent of the board of supervisors, hire necessary assistants for the purpose of ex- tending taxes, and in cases of emergency at a salary not to exceed three and a half dollars per diem each, nor shall the aggregate salaries for such emergency work exceed six hunilred dollars in any one calendar year. The district attorney, an assistant district attorney, at a salary of two thousand seven hundred dollars per annum; and one deputy district attorney, at a salary of eighteen hundred dollars per annum; and one stenographer at a salary of twenty one hundred dollars per annum; the superintendent of si-hools, one deputy at a salary of twelve hundred dollars per annum. The sheriff, an under sheriff, who shall receive a salary of twenty-one hundred dollars per annum; a clerk who shall receive a salary of fifteen hundred dollars per annum; a stenog- rapher and clerk who shall receive a salary of twelve hundred dollars per annum; two deputy sheriffs, who shall receive a salary of twelve hundred dollars per annum each, three bailiffs or courtroom deputies, who shall receive a salary of twelve hundred dollars per annum each; two jailers who shall receive a salary of twelve hundred dollars per annum each; one deputy sheriff for emergencies and as a guard for the working prisoners, who shall receive a salary of twelve hundred dollars per annum; and a deputy sheriff for the purpose of serving papers and other emergencies who shall be paid not to exceed three and a half dollars per diem. Th.^ county surveyor, one chief deputy, which position is hereby created, who shall be paid a salary of eighteen 665 POLITICAL CODE. § 4238 hundred dollars per annum. The coroner, one deputy, which position is hereby created, who shall be paid by the coroner out of his fees. The county assessor shall have one chief deputy at a salary of twenty-one hundred dollars per annum; two office deputies at a salary of twelve hundred dollars each per annum; one office do])uty at a salary of nine hundred dollars per annum; three office deputies for preparing assess- ment-rolls to serve not to exceed ninety days each in any one year at a salary of four dollars per diem each; seventeen field" deputies to serve not to exceed eighty days each in any one year at a salary of four dollars per diem each. All the deputies, assistants, emergency help, and clerks herein mentioned shall be paid at the time and in the man- ner that the principals are paid, and they shall be paid from the salary fund. Salaries, etc., payment in full. IS. The salaries, fees, mileage and commissions herein provided shall be in full for all official services performed. No county, distric^'t or township officer shall receive from the county any salary, compensation, fees, commission or mileage, except as in this section provided. All compensation, commissions, fees and mileage now or hereafter provided by law to be paid to any county, district or township officer for any official service, except as in this section otherwise provided, shall be paid into the county treasury to the credit of the general fund, unless some other fund is specially designated by law. All compensations, fees, commissions and mileage, except as in this section otherwise pro- vided, received by any county, district or township officer, either as such officer, or as the agent of the state of California, or of any officer thereof, or as the agent of any political subdivision of the state of California, or of any officer thereof, shall be paid into the county treas- ury to the credit of the general fund, unless some other fund is specially designated by law. Until such county, district or. township officer shall pay into the county treasury all compensation, commissions, fees and mileage as herein required to be paid, he shall receive no salary, and it shall be the duty of the auditor to refuse to deliver to him thereafter a salary warrant, and it shall be the duty of the treasurer to refuse to pay the same. Fees, jurors. 19. For attending as a grand juror or as a juror in the superior court,, for each day's attendance per day three dollars and fifty cents. For each mile actually traveled in attending court as a juror, in going only, per mile, twenty-five cents. [Amendment approved June 16, 1913; Stats. 1913, p. 1230.] Also amended February 28, 1911 (Stats. 1911, p. 147), and April 27, 1911 (Stals. 1911, p. 1187). Citations. App. 18/461. § 4239 POLITICAL CODE. 666 Counties, tenth class — Sonoma. Salaries of officers. § 4239. In counties of the tenth class the county officers shall receive as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand dollars per annum; provided that he shall appoint one deputy at a salary of fifteen hundred dollars per annum, two courtroom deputies at a salary of twelve hundred dollars per annum each, one office deputy at twelve hundred dollars per annum, and a deputy or deputies not to exceed two for the purpose of register- ing electors, to be paid not to exceed four dollars per diem each, pro- vided, that such deputies so employed for registering electors shall not be employed except during a year when a general election is held through- out the state, and then only between the first day of June and the fif- teenth day of November of said year. Each of said deputies to be paid at the same time and in the same manner as county officers are paid. 2. The sheriff, two thousand dollars per annum, provided, he shall ap- point one under-sheriff at a salary of fifteen hundred dollars per annum, and three deputy sheriffs, at a salary of twelve hundred dollars per an- num each; said under-sheriff and each of said deputies shall be paid at the same time and in the same manner as county officers are paid. The sheriff sliall also receive such fees as are allowed sheriffs by section 4300b of the Political Code of the state of California, except that for traveling in the service of any paper required by law to be served, in either civil or criminal process or proceeding for each mile actually and necessarily traveled, one way only, twenty cents. No constructive mileage to be allowed. 3. The recorder, two thousand dollars per annum, provided, that the recorder shall appoint one deputy at a salary of twelve hundred dollars per annum, and four copyists at a salary of nine hundred dollars each per annum to be paid at the same time and in the same manner as county officers are jiaid, provided, that said copyists being eligible, may be ap- pointed deputies of said recorder without further compensation. 4. The auditor, two thousand four hundred dollars per annum; pro- vided, that the expenses incurred, if any, in making extensions of assess- ments and tax-rolls shall be paid out of said sura of two thousand four hundred dollars, compensation above mentioned; and provided, further, that said auditor shall appoint one deputy at a salary of nine hundred dollars per annum, to be paid at the same time and in the same manner as county officers are paid. 5. The treasurer, two thousand dollars per annum, and such fees as are now or may hereafter be allowed by law. Provided, that the treas- urer shall appoint one deputy at a salary of nine hundred dollars per annum, to be paid at the same time and in the same manner as county officers are paid. 6. The tax collector, three thousand dollars per annum, and such fees as are now or may hereafter be allowed him by law for the collection of all county licenses; provided, that the tax collector shall appoint as 667 POLITICAL CODE. § 4239 many deputies as may be necessary, all of which deputies' salaries shall be paid out of the compensation above named; and provided, furtlier, said tax collector shall appoint one revenue and taxation deputy to be paid for only between August 1st and January 1st each year (five months), at a salary of one hundred dollars per month, and which last named deputy shall be paid at the same time and in the same manner as county officers are paid. 7. The assessor, four thousand two hundred dollars per annum; pro- vided, that the assessor shall appoint one chief deputy, at a salary of twelve hundred dollars per annum, and as many deputy assessors as may be necessary, all of which deputies' salaries shall be paid by the said assessor out of said four thousand two hundred dollars' compensation above mentioned; and provided, further, that he shall appoint one revenue and taxation deputy at a salary of fifteen hundred dollars per annum, and which last named deputy shall be paid at the same time and in the same manner as county officers are paid. 8. The district attorney, twenty-four hundred dollars per annum, pro- vided, that he shall appoint one assistant district attorney at a salary of eighteen hundred dollars per annum, and one deputy district attorney at a salary of twelve hundred dollars per annum, and one stenographer at a salary of seven hundred and twenty dollars per annum; said as- sistant, deputy and stenographer to be paid at the same time and in the same manner as county officers are paid. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand dollars per annum, and actual traveling expenses when visiting the schools of his county; provided, said superintendent of schools may appoint a deputy at a salary of twelve hundred dollars per annum, payable at the same time and in the same manner as county officers are paid. 12. The surveyor, eighteen hundred dollars per annum for all work performed for the county, and in addition thereto all necessary and actual traveling expenses incurred in connection with field work, and all fees allowed by law; provided, that out of the compensation here- inabove provided he shall pay the cost of platting, tracing or otherwise preparing maps, plats or block-books for the use of the county assessor; provided, further, that all property ownership books, data, and tran- script records required for making such maps, plats, or block-books shall be procured at the expense of the county in such manner and by such persons as the board of supervisors may direct and furnish to the surveyor; and provided, further, that the fees for land surveys, except when done for the county, shall be .ten dollars per day, or fraction thereof, and in addition thereto all necessary and actual traveling ex- penses. He shall appoint a deputy at a salary of nine hundred dollars § i'2'69 POLITICAL CODE. 668 per annum, payable at the same time and in the s'nme manner as county officers are paid. 13. The justices of the peace, the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases. In townships having a population of thirteen thousand or more, one hundred and twenty-five dollars per month; In townships having a population of over eight thousand and less than thirteen thousand, seventy-five dollars per month; In townships having a population of four thousand and less than eight thousand, fifty dollars per month; In townships having a population of fifteen hundred and less than four thousand, twenty-five dollars per month. In townships having a population of one thousand and less than fifteen hundred, twenty dollars per month; In townships having a jpopuiation of less than one thousand, ten dol- lars per month. In addition to the monthly salaries herein allowed, each justice of the peace may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil actions. Each justice of the peace must pay into the county treasury once a month all fines collected by him; and pro- vided, further, that for the purposes of this subdivision the population of the several townships shall be ascertained from the United States census reports of 191U. 14. In townships having a population of thirteen thousand or more, constables shall receive as compensation, in lieu of all fees in criminal cases, the sum of one hundred dollars per month; in townships having a population of eight thousand and less than thirteen thousand, the sum of sixty dollars a month; in townships having a population of four thousand and less than eiglit thousand, the sum of forty dollars a month; in townships having a population of fifteen hundred and less than four thousand, fifteen dollars per month; in townships having a population of one thousand and less than fifteen hundred, ten dollars per month; in townships having a population of less than one thousand, five dollars l)er month; provided, tliat in addition to the fees and salaries herein allowed, each constable shall receive for traveling expenses outside of his own township, but within his own county, for tiie. service of a civil or criminal process, the sum of fifteen cents per mile for each mile ac- tually and necessarily traveled, one daj* only, no constructive mileage to be allowed, and provided, further, that such salaries for services in crim- inal cases shall be paid at the same time and in the same manner as the salaries of county officers are paid; and provided, further, that in addi- tion to the salaries provided for herein, constables in all townships shall receive for their own use the fees which are now or may hereafter be allowed by law in civil cases; and provided, further, that for the pur- pose of this subdivision, the population of the several townships shall be ascertained from the United States census reports of 1910. 669 POLITICAL CODE. § 4240 15. Each member of the board of supervisors for all services required of them by law, or by virtue of their office, except as road commissioners, shall be allowed ten hundred dollars per annum as a salary, and fifteen cents per mile in traveling to and from his place of residence to the liiurthouse; provided, that only one mileage must be allowed at each trim; and provided, further, that said salary and mileage shall be in lieu of all fees otherwise provided by law for supervisors. Each super- visor shall receive for services as road commissioner, thirty cents per mile one way for all distances actually traveled by him in the perform- ance of his duties, provided, that he shall not in any one year receive more than four hundred dollars as such road commissioner. Provided, that no member of the board of supervisors or other county officer, shall, except for his own services or expenses, present or verify by his oath iittached thereto, any claim, account, or demand for allowance against the county. 16. All salaries herein not otherwise provided for shall be paid out of the treasury of said county in equal monthly paj-ments on the last I day of each month. [Amendment approved April 28, 1911; Stats. 1911, ! p. 1208.] i There was another | 4239 adopted at the same session. See Stats. 1911, p. 150. Counties, eleventh class — Kern. Salaries of officers. § 42i0. In counties of the eleventh class the officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: County clerk. 1. The county clerk, thirty-six hundred dollars per annum, and twelve and one-half cents for each elector registered. In counties of this ; class the county clerk may appoint four deputy county clerks, which ■ offices of deputy county clerks are hereby created; one at a salary of eighteen hundred dollars per annum; two at a salary of fifteen hundred dollars per annum, and one at a salary of twelve hundred dollars per annum to hold office at the pleasure of the county clerk. The salaries I and compensation of all said deputy county clerks herein provided for, each of whom shall be a deputy county clerk, shall be paid by said county in monthly installments at the same time and in the same man- ner and out of the same funds as the salary of the county clerk is paid. Sheriff. 2. The sheriff, forty-eight hundred dollars per annum. The sheriff shall ■ also receive for his own use the fees for mileage, which are now or ; which may hereafter be allowed by law, and the fees and commissions i for the service of all papers whatsoever issued Ey any court of this state, outside of this county, and shall also receive the necessary ex- penses in all criminal cases; provided, that no constructive mileage § 4240 POLITICAL CODE. 670 shall be allowed. In counties of this class the sheriff may appoint six deputy sherififs, which offices of deputy sherififs are hereby createu; one at a salary of fifteen hundred dollars per annum, and five at a salary of twelve hundred dollars per annum; said deputy sheriffs to hold office at the pleasure of the sheriff. The salaries and compensation of the said deputy sheriffs herein provided for, each of whom shall be a deputy sheriff, shall be paid by said county in monthly installments at the same time and in the same manner and out of the same funds as the salary of the sheriff is paid. Recorder. 3. The recorder, four thousand dollars per annum, and said recorder may appoint one deputy recorder who shall receive a salary of twelve hundred dollars per annum. Said recorder may also appoint four copy- ists at a salary of nine hundred dollars each per annum; provided, that said copyists being eligible, may be appointed deputy recorders without further compensation. The county recorder may also employ such ad- ditional copyists, not to exceed two, as may be required to copy in- struments filed for record within a reasonable time after the same are filed for record, and which the other copj'ists herein provided, are unable to copy within such time. The copying done by such additional copyists shall be paid for out of the general fund of said county at the rate of five cents per folio for the work actually and necessarily done in recording such instruments, and proper claims therefor shall be pre- sented to and allowed by the board of supervisors. The salaries and compensation of the deputies and copyists herein provided for shall be paid by the county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the county recorder is paid; provided, that such recorder may be allowed the actual necessary expenses incurred by him in the performance of his official duties, and sliall pay into the county treasury all fees received by him in liis official capacity from whatever source they may be derived. Auditor. 4. The auditor, four thousand dollars per annum; and said auditor may appoint one ileputy auditor, whicli office of deputy auditor is hereby created, wlio shall receive a salary of twelve hundred dollars per annum. The deputy herein provided for sliall be paid at the same time and in the same manner and out of the same fund as the auditor is paid; provided, that such auditor shall pay into the county treasury all fees received by him in his official capacity. Treasurer. 5. The treasurer, four thousand dollars per annum. In counties oT this class the treasurer may appoint a deputy county treasurer, which office of deputy treasurer is hereby created at a salary of eighteen hun- dred dollars per annum, to hold office at the pleasure of said treasurer. The salary and compensation of such deputy treasurer shall be paid by 671 POLITICAL CODE. § 4240 such county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the treasurer is paid; provided, that all fees and commissions collected by him in his official capacity shall be paid into the county treasury. Tax and license collector. 6. The tax and license collector, four thousand dollars per annum. In counties of this class the tax and license collector may appoint one deputy tax and license collector, which office of deputy tax and license collectoV is hereby created, at a salary of twelve hundred dollars per annum; pro- vided, further, [he] may appoint five clerks to serve as such only for a period of four months each year, and who shall receive a salary of sixty dollars each per month. The deputies hereby provided for shall be paid at the same time and in the same manner and out of the same fund as the tax and license collector is paid. Said salaries shall be in full for all services rendered, and all fees and commissions shall be paid into the county treasury. Assessor. 7. The assessor, five thousand dollars per annum. In counties of this class there shall be and there is hereby allowed to the assessor the follow- ing deputies and employees, who shall be appointed by the assessor and who shall be paid salaries as follows: One deputy assessor, who shall receive a salary of fifteen hundred dollars per annum; one deputy assessor who shall receive a salary of twelve hundred dollars per annum; two deputies for a period not to exceed four months each year, whose per diem shall be six dollars each when actually employed; two deputies for a period not to exceed four months each year, whose per diem shall be five dollars when actually employed; fourteen deputies for a period not to exceed four months each year, whose per diem shall be four dollars when actually employed; two copyists for a period not to exceed four months each year, whose per diem shall be two and one-half dollars when actually employed and one stenographer for a period not exceeding four months in each year, at a salary of eighty dollars per month; pro- vided, that the above salaries and compensations shall be in full for all services rendered by him as such assessor and that no commission for the collection of state taxes or infirmary poll taxes or road taxes or personal property taxes shall be retained by him, nor shall the assessor receive any compensation for making out the military-roll of persons returned to hiin as subject to military duty as provided by section 1901 of the Political Code of the state of California, but that all fees and commis- sions shall be paid into the county treasury. The deputies herein pro- vided for shall be paid at the same time and in the same manner and out of the same fund as is the county assessor; provided, that the assessor shall be allowed the actual and necessary expenses incurred by him in the performance of his official duties. § 4240 POLITICAL CODE. 672 District attorney. 8. The district attorney, four thousand dollars per annum. In counties of this class the district attorney may appoint one deputy district attorney, which office of deputy district attorney is hereby created, at a salary of eighteen hundred dollars per annum; to be paid monthly out of the county treasury in the same manner and at the same time and out of the same fund as the county officers are paid; the said deputy district attorney to hold office at the pleasure of the district attorney; and pro- vided, further, that in counties of this class there shall be and thow is hereby allowed the district attorney as an employee of the county, stenographer, to be appointed by the district attorney, at a salary n. one hundred dollars per month, to be paid monthly out of the county treasury in the same manner and at the same time and out of the same fund as the couuty officers are paid. Coroner and public administrator. 9. The coroner and public administrator, three thousand dollars per annum and his actual necessary exjienses in traveling outside of tlip county seat. He shall hold inquests as prescribeil by chapter 2, title I'J. part 2, of the Penal Code, except that he may in his discretion, dispense with a jury. The coroner or other officer holding an inquest upon the body of a deceased person may subpoena a physician or surgeon to in- spect a body, or a chemist to make an analysis of the contents of the stomach or tissues of the body, or hold a postmortem examination of the deceased, and give his professional ojiinion as to the cause of death. The coroner, in counties of tins class, sliail be and is hereby allowed one deputy at a salary of one hundred dollars per month; said deputy shall have the power and it shall be his duty when directed by the coroner, to hold inquests, and ail power conferred by law upon the coroner may be exercised by said deputy. The salary of the deputy herein provided for shall be paid by the county, in the same manner, at the same time, and out of the same funds as the salary of the coroner and public ad- ministrator is paid. .\11 fees and commissions collected by him in his official cajiacity shall be paid into tlie county treasury. Superintendent of schools. 11). The superintendent of schools, three thousand dollars per annum, which shall include his services as a member of the board of education, and his actual traveling expenses wiien visiting schools. In counties of this class, the superintendent of schools may appoint two deputy superin- tendents of schiiols, which offices ot deputy superintendents of scIh are hereby created, at a salary of twelve hundred dollars each ; annum; the said deputy superintendents of schools to hold office at luc pleasure of the supcrintendinit of schools. The salaries and compensation of the said deputy superintendents of schools, and who shall be deput\ superintendents of schools as herein provided for, shall be paid by : couuty in monthly installments at the same time and in the same mai... G73 POLITICAL CODE, § 4240 and out of the same fund as the salary of the superintendent of schools is paid. Surveyor. 11. The surveyor shall receive one thousand eight hundred dollars per annum, and actual and necessary traveling and official expenses in the county. Supervisors. 12. Kach supervisor, six dollars per day while in the service of the county, and actual and necessary tra\eling expcnses__incurrcd in per- forming the duties of his office. Justices of the peace and constables. 13. In counties of tliis class the township officers shall receive the following compensation, to wit: In townships having a population of ten thousand or more, justices of the peace shall receive a monthly salary of two hundred dollars per month, and constables a monthly salary of one hundred and twenty-five dollars; In townships having a population of six thousand, or more, and less than ten thousand, justices of the peace shall receive a monthly salary of one hundred and twenty-five dollars per month, and. constables a monthly salary* of one hundred dollars per month; In townships having a population of twenty-one hundred and eighty- five, or more, and less than six thousand, justices of the peace shall receive a monthly salary of one hundred dollars per month, and constables a monthly salary of one hundred dollars per month; In townships having a population of seventeen hundred and seventy, or more, and less than twenty-one hundred and ninety, justices of the peace shall receive a monthly salary of sixty-five dollars per month, and constables a monthly salary of seventy-five dollars per month; In townships having a population of sixteen hundred, or more, and less than sev.enteen hundred and seventy, justices of the peace shall receive a, monthly salary of twenty dollars per month, and constables a monthly salary of twenty-five dollars per month; In tow^nships having a population of fourteen hundred and twenty, or more, and less than sixteen hundred, justices of the peace shall re- ceive a monthly salary of fifty dollars per month, and constables a monthly salary of sixty dollars per month. In townships having a population of thirteen hundred and fifteen, or more, and less than fourteen hundred and forty, justices of the peace shall receive a monthly salary of fifty dollars per month, and constables a monthly salary of sixty dollars per month; In townships having a population of twelve hundred and ninety, or more, and less than thirteen hundred and fifteen, justices of the peace shall receive a monthly salary of ninety dollars per month, and con- stables a monthly salary of ninety dollars per month; 43 § 4240 POLITICAL CODE. 674 In townships having a population of twelve hundred and eighty, or more, and less than thirteen hundred, justices of the peace shall receive a monthly salary of one hundred dollars per month and constables a monthly salary of one hundred dollars per month; In townships having a population of ten hundred and forty-five, oi more, and less than twelve hundred and eighty, justices of the peace shall receive a monthly salary of sixty-five dollars per month, and con- stables a monthly salary of seventy-five dollars per month; In townships having a population of nine hundred and ten, or more, and less than ten hundred and forty-five, justices of the peace ©hall receive a monthly salary of fifty dollars per month, and constables a monthly salary' of fift}' dollars per month; In townships having a population of six hundred and seventy-five or more, and less than nine hundreil and twenty-five, justices of the peace shall receive a monthly salary of twenty dollars per month, and con- stables a monthly salary of twenty-five dollars per month; In townships having a population of five hundred and forty-five, or more, and less than six hundred and seventy-five, justices of the peace shall receive a monthly salary of thirty dollars per month, and con- stables a monthly salary of thirty dollars per mouth; In townships having a jiopulation of two hundred, or more, and less than five hundred and forty-five, justices of the peace shall receive a monthly salary of twenty dollars per month, and constables a monthly salary of twenty dollars per month; In townships having a population of one hundred and fifty-five, or more, and less than two hundred, justices of the peace shall receive a monthly salary of fifteen dollars per month, and constables a monthly salary of twenty dollars jier month. The above salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases; provided, that each constable sliall be allowed and paid out of the county treasury for transporting prisoners to the county jail, the actual expenses of such transportation; and jirovided, further, that the board of supervisors shall allow to each cqnstable his necessary expenses for traveling, when in pursuit of criminals, or transacting any criminal business; said justices of the peace and constables may retain for their own use the fees allowed by law in civil cases; and provided, further, that for the purpose of this section, the population of the several townships shall be ascertained by multii>lying the number of registered voters at the presidential election held in the year 190S, A. D., by five. The salaries of township oflicers as herein provided for. shall be paid in the same manner and at the same time and out of the same fund that county ofidcers are paid. Fees, jurors. 14. The tees of grand jurors and of trial jurors in the superior court, in criminal cases, shall be three dollars, in lawful money of the United States, for each day's attendance, and mileage to be computed at the 675 POLITICAL CODE. § 4241 rate of (.'wenty-five cents per mile for each mile necessarily traveled in attending said court in going only. Tlio legislature hereby declares that subdivisions 3, 5, 6, 7, 8, and 13, do not increase the incumbents' compensation and shall apply to said incumbents when the law takes effect. [Amendment approved June 16, 1913; Stats. 1913, p. 1374.] Also amended February 28, 1911 (Stats. 1911, p. 156), and April 29, 1911 (Stats. 1911, p. 1222). Counties, twelfth class — Tulare. Salaries of officers. § 4241. In counties of the twelfth class, the county officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: County clerk. 1. The county clerk, four thousand dollars per annum, one deputy at twelve hundred dollars per annum, and ten cents per name of each elector entered upon the great register of the county, and also such fees as may be allowed by law for issuing hunting and fishing licenses, and all naturalization fees allowed to tbp pU'-I' bj tiic xicvtumlization laws of tne unitea states. Sheriff. 2. The sheriff, sixty-five hundred dollars per annum, and mileage for the service of any and all processes required by law to be served by him, at the rate of ten cents per mile for every mile necessarily •traveled in the performance of such duty within the county, and at the rate of ten cents per mile, one way only, for every mile necessarily traveled in the performance of such duty outside of the county. Eecorder. 3. The recorder, two thousand dollars per annum, and one deputy at twelve hundred dollars per annum, and six cents per folio for every instrument of any character transcribed by him or his deputies, which said amount shall be paid by the county treasurer, out of the county treasury. Auditor. 4. The auditor, twenty-four hundred dollars per annum and one deputy at a salary of twelve hundred dollars per annum. Treasurer. 5. The treasurer, twenty-four hundred dollars per annum, and one deputy at a salary of twelve hundred dollars per annum. Tax collector. 6. The tax collector, twenty-four hundred dollars per annum, and a deputy at twelve hundred dollars per annum, and ten clerks at fifty dol- lars per month each for the months of October and November of each year. Assessor. 7. The assessor, twenty-four hundred dollars per annum, a chief deputy at twelve hundred dollars per annum, and fifteen field deputies for the § 4241 POLITICAL CODE. 676 months of March, April, May and June of each year, each of which field deputies shall receive a salary of five dollars per day for each day actually employed in the performance of his duties. He shall also have for use in his office and under his supervision and control, a drafts- man, which office of draftsman is hereby, by the terms of this act, expressly created. It shall be the duty of said draftsman to prepare, under the supervision of the assessor, for use in said office, proper books, blanks and plat-books. Said position of draftsman shall be filled by the assessor in the same manner as deputies are appointed by him, and the said draftsman shall receive a salary of fifteen hundred dollars per annum, to be paid in the same manner as the salaries of county officers are paid. District attorney. 8. The district attorney, three thousand dollars per annum. He shall have a deputy at a salary of two thousand dollars per annum, and he shall alco have for use in his office, and under his supervision and control, a stenographer, which office of stenographer is hereby, by the terms of this act, expressl.v '>'-o--'»"J Thp said oosition of stenographer shall be filled hy '■"e district attorney in the same manner as deputies are ajv pointed by him, and said stenographer shall receive a salary of seventy- five dollars per month, to be paid in the same manner as the salaries of county officers are paid. Coroner, 9. The coroner, such fees as are now, or may be hereafter alloweil by law. Public administrator. 10. The jiublii' ailininistrator, such fees as are now, or may be here- after allowed by hiw. Superintendent of schools. 11. The superintendent of schools, for full services, including his duties with and on the county board of education, twenty-two hundred dollars per annum, and actual traveling expenses when visiting the schools of his county, and one deputy at a salary of twelve hundred dollars per annum. Surveyor. 12. Tlie county surveyor shall receive a salary of two thousand dollars per annum, and he shall be allowed one deputy at twelve hundred dollars per annum. The surveyor shall be allowed, not to exceed seven hun- dred and twenty dollars per annum for salary of chainmen, traveling and field expens-es of self and chainmen or assistant in the field. In ad- dition to the duties as now provided for by law the surveyor shall furnish the county assessor with maps of colony, subdivision, or trai'ts filed for record in the recorder's office, desired by him for his official plat-books. The surveyor shall give his entire time to the duties of the office; provided, when there is no county work to be done, he m.ny survey for private individuals, corporations, or companies, when called upon 677 POLITICAL CODE. § 4241 to opulation of twelve thousand 683 POLITICAL CODE. § 4242 or more, fifteen hundred dollars per annum, payable in monthly install- ments, which shall be in full for all services rendered by him in both civil and criminal cases tried before him. He shall each month pay to the county treasurer all fines, commissions -and fees collected by. him as such justice of the peace, including fees for celebrating mar- riages and returning certificates thereof to the county recorder. In townships having a population of six thousand and less than twelve thousand the justice of the peace therein shall receive fifty dollars per month; in townsliips having a population of four thousand and less than six thousand, twenty-five doHars per month; in townships having a population of two thousand and less than four thousand, twenty dol- lars per month; and in all other townships in said county, ten dollars per month; provided, however, that in all townships having an area equal to or exceeding one thousand square miles such salary shall not be less than fifty dollars per month. Each justice of the peace must pay into the county treasury once each month all fines collected by him in criminal cases, and the auditor shall withhold the warrant for salary until a sworn statement has been filed with him of all crim- inal cases tried and fines collected and paid into the county treasury. In addition to the monthly salary allowed herein, each justice of the peace, except the justice in townships having one or more cities, or portions thereof situated therein, and having a population of twelve thousand or more, may receive for his own use in civil cases the fees allowed by law. For all services appertaining to the coroner's office, which the coroner is unable to attend to, the justice of the peace shall receive the same fees as are allowed the coroner in similar cases. Constables. 15. Constables in townships having one or more cities, or portions thereof situated therein, and having a population of twelve thousand or more, fifteen hundred dollars per annum, payable in monthly install- ments, and their actual traveling expenses when engaged in official business outside of such townships, which shall be in full for all ser- vices rendered by them in all civil and criminal business. They shall charge and collect such fees as are allowed by law, and they shall each month pay into the county treasury all fees, forfeitures, fines and commissions collected by them in the discharge of their duties as such constables. In townships having a population of six thousand and less than twelve thousand the constable shall receive fifty dollars per month; in townships having a population of four thousand and less than six thousand, twenty-five dollars per month; in townships having a population of two thousand and less than four thousand, twenty dollars per month; and in all other townships in said county, ten dollars per month; provided, that in all townships having an area equal to or exceeding one thousand square miles such salary shall not be less tlian fifty dollars per month; provided, further, that in addi- tion to the salaries herein allowed, each constable, except constables in townships having a city or a portion thereof situated therein, and § 4243 POLiTic.u. CODE. 684 having a population of twelve thousand or more, shall receive for their own use in civil cases, the fees allowed by law, and shall be paid out of the treasury of the county his actual traveling expenses outside of his own township, but within his county, for the service of a warrant of arrest or any other paper in a criminal case, both going and return- ing, ten cents per mile; for each mile actually traveled outside of his county both going and returning from the place of arrest or other service, five cents per mile; and for transporting prisoners to the county jail, the actual cost of transportation. Population of townships, ascertained "by supervisors. IG. The population of the several judicial townships for the purpose of fixing the compensation of township officers shall be ascertained and declared by the board of supervisors on the first Monday after the first day of January, every odd numbered year. Supervisors. 17. Each supervisor, fifteen hundred dollars per annum, payable in monthly installments, and fifteen cents per mile one way for traveling from his residence to tha place of meeting of the board at the county seat, for not more than four board meetings per month, and the neces- sary actual expenses incurred by him while engaged in county business outside of his district, not exceeding in the aggregate the sum of three hundred dollars per annum. [Amendment approved June 16, 191o; Stats. 1913, p. 1248.] Also amended February 28, 1911 (Stats. 1911, p. 158), and April 24, 1911 (Stats. 1911, p. 1081). Counties, fourteenth class — Orange. Salaries of oflScers. § 4243. In coiintiis of the fourteenth class, tlie county officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: County clerk. 1. The county clerk, two thousand four hundred dollars per annum; provided, that irt counties of this class there shall be and there is hereby allowed to the county clerk one deputy for each department of the superior court in each of said counties, whicii offices are hereby created, as provided by section 4290 of the Political Code of the state of California. Said deputies shall be appointed by said county clerk, shall be courtroom clerks of said departments, and shall each receive a salary of one hundred dollars per month, which shall be paid by said county in monthly installments at the same time, in the same manner and out of the same funds as the salary of the county clerk is paid. There shall be also and is hereby allowed to said county clerk oi>e office deputy, which office is hereby created. Said deputy shall be appointed by said county clerk antl receive a salary of seventy-five dollars per mouth, which shall be paid by said county in monthly in- 685 POLITICAL CODE. § 4243 stallments at the same time and in the same manner and out of the same funds as the salary of the county clerk is paid. lu each year in which a new and complete registration of voters is required by law, said county clerk shall appoint an additional deputy or deputies, who shall receive the sum of seven and one-half cents per name for taking the affidavits of registration outside of the office of said county clerk, and the claims for their services at said rate shall be presented to and allowed by the board of supervisors as other claims are presented and allowed. All fees and commissions received by this office shall be turned over to the county and become the property of the county. All the provisions in this paragraph are to apply to the present incumbent. Sheriif. 2. The sheriff, twenty-five hundred dollars per annum and such mile- age as is now allowed by law, and also all fees for service of papers in actions arising outside of this county; provided, that in counties of this class there shall be and hereby is allowed to the sheriff four deputies, whose offices are hereby created, at a salary of one thousand dollars per annum each, and who shall be appointed by the sheriff; one of said deputies shall be jailer; two of said deputies shall act as bailiffs of the superior court of said county, one for each department thereof, as provided by section 4290 of the Political Code of the state of Cali- fornia; and there shall be and hereby is allowed to said sheriff an addi- tional deputy, which office is hereby created, who shall be an office dep- uty, at a salary of seven hundred and twenty dollars per year, and who shall be appointed by the sheriff. The salaries of all of said deputies shall be paid by said county in equal monthly installments at the same time and in the same manner and out of the same funds as the salarr of the sheriff is paid. All fees and commissions except as hereinbefore in this paragraph mentioned shall be turned over to the county and become the property of the county. All the provisions of this paragraph are to apply to the present incumbent. Recorder. 3. The recorder, twenty-two hundred dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed the recorder four deputies who shall be appointed by the recorder, and shall be paid the following salaries, to wit: One chief deputy at a sal- ary of one thousand dollars per annum; two deputies at a salary' of nine hundred dollars each per annum, and one deputy at a salary of seven hundred and twenty dollars per annum. The salaries of said deputies shall be paid by the county in equal monthly installments at the same time and in the same manner and out of the same funds as the salary of the county officers are paid. All fees and commissions received "by this office shall be turned over to the county and become the property of the county. All the provisions of this paragraph are to apply to the present incumbent. § 4243 POLITICAL CODE. 686 Auditor. > 4. The auditor, two thousand dollars per annum. In counties of this class the auditor may appoint assistant auditors, which oflSces are hereby created, and whose compensation shall not exceed tha sum of twelve hundred dollars per annum in the ag^gregate for all assistantf? so em- ployed; and provided, that the auditor shall file with the county clerk a verified statement, showing in detail the amounts paid and the per- sons to whom such compensation has been paid for such assistance as aforesaid. The salaries of assistant auditors herein provided for shall be paid by the said county, at the same time and in the same manner and out of the same funds as the salary of the auditor is paid. Treasurer. 5. The treasurer, fifteen hundred dollars per annum; provided, that in counties of this class, there shall be and there hereby is allowed to the treasurer one office deputy, which office is hereby created, at a salary of seventy-five dollars per month, and who shall be appointed by the treasurer. The salary of said deputy herein provided for shall be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the treasurer is paid; provided, that on and after January 1st, 1915, the treasurer shtl] receive two thousand dollars per annum. Tax collector. (). The tax collector, two thousand dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the tax collector the following deputies, whose offices are hereby cre- ated, and who shall be :i])pointcd by the tax collector: One chief dep- uty, for a period not to exceed nine months in any one year, at a salary of seventy-five dollars per month, and such assistants as the tax collector may appoint; provided, that the compensation of such assistants shall not in the aggregate exceed the sum of seventeen hundred dollars in anv one year; and provided, further, that the tax collector shall file with the county auditor a verified statement, showing in detail the amounts and the persons to whom said compensation is paid. The salaries of the said deputy and assistants herein provided for shall be paid by said county in monthly installments at the same time and in the same man- ner and out of the same fund as the salary of the tax collector is paid. Assessor. 7. The assessor, three thousand dollars per annum; provided, that in counties of this class there shall be allowed to the assessor the following deputies, whose offices are hereby created, and who shall be appointed by the assessor: One deputy who shall be chief office deputy at a salary of twelve hundred dollars per annum; one office deputy at a salary of seven" hundred and twenty dollars per annum, and such field deputies as the assessor may require, and whose compensation in the aggregite shall not exceed five thousand dollars in any one year; and provided, GST POLITICAL CODE. § 4243 that the assessor shaH file with the county auditor a verified statement showing in detail the amounts and the persons to whom said compensa- tion is paid. The salaries of such deputies shall be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as county officers are paid. All fees and commis- sions including commissions on poll taxes, collected by this office shall be turned over to the county and become the property of the county. All the provisions of this paragraph are to apply to the present incum- bent. District attorney. ■. 8. The district attorney, twenty-five hundred dollars per annum; pro- n viSed, that in counties of this class there shall be and there is hereby " allowed to the district attorney, two deputies, to be appointed by the district attorney, and who shall be regularly admitted to practice before tiie courts of the state of California. Each of said deputies shall receive a salary of twelve hundred dollars per annum, which salaries shall be paid by said county in equal monthlj' installments at the same time and in the same manner and out of the same funds as the salary of the said district attorney is paid. On and after January 1, 1915, there shall be and there is hereb}- allowed to the district attorney a stenog- rapher to be appointed by the district attorney, at a salary of sixty dollars per mouth, which said salary shall be paid by said county in equal monthly installments at the same time and in the same manner and out of the same funds as the salary of the district attorney. All the provisions of this paragraph, except that relating to the creation of the office of stenographer, are to apply to the present incumbent. Coroner. 9. The coroner, such fees as are now or may hereafter be allowed by law. Public administrator. 10. The public administrator, such fees as are now or may hereafter be allowed by law. Superintendent of schools. 11. The superintendent of schools, twenty-two hundred and fifty dol- lars per annum and actual traveling expenses when visiting the schools of the county; provided, that in counties of this class there shall be and there is hereby allowed to the superintendent of schools one office deputy, which office is hereby created, at a salary of sixty-five dollars per month, and who shall be appointed by the said superintendent of schools. The salary of said deputy herein provided for shall be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the superin- tendent of schools is paid. § 4243 POLITICAL CODE, 688 Surveyor. 12. The surveyor, eight dollars per day when actually employed by the county. Justices of the peace. 13. .Justice.s of the peace shall receive the following monthly salaries, to be paid each month and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: (1) in townships having a popula- tion of more than eight thousand, seventj'-five dollars per month; (2) in townships having a population of less than eight thuu.sand and mure than five thousand, fifty dollars per month; (3) in townships having a popu- lation of less than five thousand and more than two thousand, twenty- five dollars per month; (4) in towrships having a population of less than two thousand, ten dollars per month. Jn addition to the comjien- sation received in criminal cases, each justice of the peace shall receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions. On and after January 1, 1915, two-thirds of all fees received by this offii-e for celebrating marriages and returning certificates thereof to the county recorder shall be turned over to the county and become the property of the county. Constables. 14. Constables shall receive the following monthly salaries to be paid each month and in the same manner and out of the same fund as county ofTicers are paid, which .^hall be in full for all services rendered by them in criminal cases: (1) in townships having a population of more than eight thousand, seventy-five dollars per mouth; (2) in townships having a populatiou of less than eight thousand, and more than five thousand, fifty dollars per month; (3) in townships having a population of less than five thousand and more than two thousand, twenty-five dollars per month; (4) in townships having a population of less than two thousand, ten dollars per month; provided, tliat each constable shall receive his actual and necessary expenses incurred in conveying prisoners to the county jail. In addition to the compensation received in criminal cases, each constable shall receive and retain for his own use, such foes as are now or may hereafter be allowed by law for all services performed by him in civil actions. Supervisors. 15. Suj)ervisors, five hundred dollars each per annum, and mileage at the rate of ten cents per mile in going to and coming from the [ilace of meeting of the board, not more than four board meetings per mouth; and as road commissioner, four dollars per day, not to exceed six hun- dred dollars per annum in the aggregate. Livestock inspector. 10. A livestock inspector, nine hundred dollars per annum, which shall be in full payment for all services rendered by said inspector. 689 POLITICAL CODE. §§ 4243a, 4244 Population of townships, how determined. 17. For the purposes of subdivisions l?> and 14 of this section, the population of the several judicial townships shall be determined by the United States census taken in 1910; provided, that the board of super- visors of said county may each four years thereafter cause a census of any or all townships in the county to be taken for the purpose of determining the population of said township or townships upon which to base the salaries of justices of the peace and constables. Fees, jurors. 18. In counties of this class grand and trial jurors in superior courts shall receive for each day's attendance, per day the sum of two dollars. In justices' courts in civil cases jurors shall receive for each day's at- tendance per day the sum of two dollars. In justices' and recorders' courts in criminal cases jurors shall receive for each day's attendance per day the sum of one dollar and fifty cents. And all jurors shall receive for each mile actually and necessarily traveled from their residences to the place of service, in going onl}', the sum of fifteen cents per mile, such mileage to be allowed but once during an}- session of the court where such jurors serve; provided, that the fees of all trial jurors in civil cases shall be paid by the litigants as other costs are paid, and jurors in criminal cases in recorders' courts shall be paid by the municipality in which such court is or may be established. Constitutionality of act. 19. If any paragraph, 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 section. The legislature hereby declares that it would have passed this section and each paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more paragraphs, sentences, clauses or phrases is declared uncon- stitutional. [Amendment approved June 16, 1913; Stats. 1913, p. 1260.] Also amended February 28, 1911 (Stats. 1911, p. 161), and April 26, 1911 (Stats. 1911, p. 1118). Citations. Cal. 155/756; 157/155, 156, 157, 153; (subd. 15) 155/754, 755, Jurors, compensation of. § 42i3a. [Repealed Febiuary 28, 1911; Stats. 1911, p. 253.] Counties, fifteenth class — Humboldt, Salaries of oflB.cers. § 4244. In counties of the fifteenth class, the county and township officers shall receive, as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: County clerk. 1. The county clerk, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be, and there hereby is allowed to the county clerk, the following clerks, deputies and em- 44 § 4244 POLITICAL CODE. 690 ployees who shall be appointed by the county clerk and shall be paid salaries as follows: two deputies at a salary of one hundred twenty-five dollars per month each; one deputy at a salary of seventy-five dollars per month, and one stenographer and one copyist at a salary of sixty dollars per month each. Sheriff. 2. The sheriff shall receive five thousand dollars per annum; and there shall be and there is hereby allowed to the sheriff, one deputy, who shall be appointed by the sheriff and shall be paid a salary of one thousand five hundred dollars per annum. Recorder. 3. The recorder, two thousand five hundred dollars per annum, and there shall be and there is hereby allowed to the county recorder two deputies who shall be appointed by the recorder and shall be paid a salary of seven hundred and fifty dollars per annum each. The recorder shall collect and pay into the county treasury the fees required by law; provided, that whenever the amount of the fees so collected in any one month shall exceed the sum of four hundred dollars, the recorder may in addition to his salary, retain for his own use, one-half of all such excess. Auditor. 4. The auditor shall receive two thousand seven hundred dollars per annum, and there is hereby allowed to the auditor two deputies who shall be appointed by the auditor, one who shall be paid ten hundred eighty dollars per annum, and one who shall be paid sixty dollars per month, from August Inth to October 15th inclusive of each year; and it is hereby further provided, that if the board of supervisors in any year shall act, order or direct the auditor to prepare and compile its annual statistical report, and on so performing such services and in that event, be allowed the further sum of throe hundred dollars payable upon the completion and acceptance of said report. Treasurer. 5. The treasurer shall receive two thousand four hundred dollars per annum. Tax collector. (). The tax collector shall receive two thousand eight hundred dollars per annum; and there shall be and there hereby is allowed to the tax collector, one deputy who shall be appointed by the tax collector and shall receive a salary of one hundred dollars per month. License collector, 7. The license collector shall receive ten per cent of all licenses col- lected by him. Assessor. 8. The assessor shall receive four thousand dollars per annum; pro- vided, that in counties of this class there shall be, and there hereby is 691 POLITICAL CODE. § 4244 allowed to the assessor the following deputies, clerks and assistants to be appointed by said assessor, which positions are hereby created and the salaries of which are hereby fixed as follows: one chief dennty assessor, eighteen hundred dollars per annum; one office deputy assessor, seven hundred twenty dollars per annum; eight field deputy assessors for not exceeding four months in every one year, one hundred twenty-five dol- lars each per month; four field deputj' assessors for not exceeding three months in every one year, one hundred twenty-five dollars per month; three copyists for not exceeding three months in any one year, eighty dollars per month; and such additional assistants as the assessor may re- quire, and whose compensation shall not in the aggregate, exceed the sum of fifteen hundred dollars per annum, said additional assistants to be paid for their services on the presentation and filing with the board of supervisors of said county a duly verified claim or claims therefor. Said assessor may employ such assistants as may be u.ecessary in making maps, plats and drawings essential for the use in the assessor's office in the per- formance of his duty, and the expense thereof shall be a charge against the county. It is hereby further provided that the said assessor shall retain no commission for the collection of persoaal property taxes, state poll taxes or road poll tax, but that all such elainxs shall be paid into the county treasury and become the property of the county. District attorney. 9. The district attorney shall receive three thousand six hundred dol- lars per annum, and said district attorney while in receipt of said salary shall be disqualified from engaging in the practice of law in any and all of the courts of this state, in any action or cause wherein the county in w^hich he is elected and serves or the state of California is not a party or parties; and there is hereby allowed to the district attorney one deputy to be appointed by him who shall receive a salary of eighteen hundred dollars per annum, and one stenographer who shall receive a salary of four hundred dollars per annum. Coroner. 10. The coroner shall receive such fees as are now, or may hereafter be allowed by law. Public administrator. 11. The public administrator shall receive such fees as are now, or may hereafter be allowed by law. Superintendent of schools. 12. The superintendent of schools, two thousand five hundred dollars per annum; and there shall be and there is hereby allowed to the super- intendent of schools, one deputy, who shall be appointed by the superin- tendent of schools, and shall be paid a salary of nine hundred dollars per annum. § 4244 POLITICAL CODE. G92 Surveyor. 13. The surveyor shall receive two thousand doUirs per annmn, anil necessary traveling expenses while in the performance of the duties of his office. Supervisor. 14. Each supervisor twelve hundrecl dollars per annum, and mileage at twenty cents per mile, for all distances traveled by him as supervisor or as road commissioner; such Tuileage not to exceed, in any one year, the sum of one thousand dollars. Reporter. 15. The official shorthand reporter shall receive two thousand dollars per annum for the department of the superior court to which he has been appointed. Whenever one reporter sliall be appointed to. and shall per- form tlie duties required of the oflicial shorthand reporter, for more than one department of said superior court he sliall receive a salary therefor of two thousand five hundred dollars per annum. In addition thereto, he shall receive for transcribing notes, the sum of ten cents per folio, for the original, and five cents per folio for all copies thereof. Justices of the peace. 16. In townshi])s having a population of seven thousand or over, two justices of the peace shall be elected, and each shall receive a salary of one hundred and twenty-five dollars per mouth. In townships having a population less than seven thousand and over four thousand there shall be but one justice of the peace elected and he shall receive a salary of fifty dollars per month. In all other townships there shall be but one justice of the peace who shall receive a salary of twenty dollars per month. All justices in .counties of this class shall collect in civil cases only, the following fees, to wit: (1) For all services before trial or entry of judgment, by default or confession, two dollars and for all additional services in such action, including execution and satisfaction of judgment, two dollars.' (2) For the trial of civil actions and all proceedings subsequent there- to, three dollars. (3) For certificate and transmitting papers and transcript on appeal, one dollar. (4) For copies of papers on docket per folio, ten cents. (5) For issuing a search-warrant, the fee to be paid by the party de- manding the same, one dollar. (6) For celebrating a marriage, and returning a certificate thereof to the county recorder, tive dollars. (7) For taking an acknowledgment of an instrument, for the first name fifty cents, and for each additional name twenty-five cents. (8) For administering an oath, and certifying the same, fifty cents. (9) For issuing a commission to take testimony, one dollar. (10) For all services connected with the posting of estrays, one dollar. 693 POLITICAL CODE. § 4244 (11) For issuing each affidavit, certificate, process, writ, order, or paper ^«?qiiired by law to be issued, not otherwisu herein provided for, twenty five cents. (12) For taking bail in all proceedings, pending before another magis- trate, fifty cents. All such fees collected by such justice before January 4th, 191.5, shall be retained by him as an addition to his salary; and all collected on or after said date shall be paid into the general fund of the county treasury. Constables. 17. In townships having a population of seven thousand or over, two constables shall bo elected and each shall receive a salary of forty dollars per month. In townships having a pojivilation less than seven and over four thousand, there shall be but one constable elected, and he shall re- ceive a salary of twenty-five dollars per month. In all other townships 'there shall be but one constable who shall receive twenty dollars per month. All constables in addition to the salaries above provided for, shall receive and collect, for their own use and benefit, in civil cases only, the following fees, to wit: (1) For serving summons and complaint, for each defendant served, fifty cents. (2) For each copy of summons made by him, twenty-five cents. (3) For levying writ of attrichment or execution, or executing an order of arrest, in a civil case or for delivery of personal property, two dollars. (4) For serving a writ of attachment or execution on any ship, boat, or vessel, three dollars. (.5) For keeping personal property, such sum as the court may order, but no more than two dollars fifty cents per day, for a keeper, when necessarily employed. (6) For taking a bond or undertaking, one dollar. (7) For copies of writs or other papers, except summons, complaints, and subpoenas, per folio fifteen cents; provided, that when correct copies are furnished him for use, no charges shall be made for such copies. (8) For serving any writ, notice or order, except summons, complaint, or subpoena, foj each persons [person] served, fifty cents. (9) For writing and posting each notice of sale of property, fifty cents. (10 For furnishing notice of publication, twenty -five cents. (11) For serving subpoenas, each wifness including copy, fifty cents. (12) For collecting money on execution two and one-half per cent. (13) For executing and delivering certificate of sale, fifty cents. (14) For executing ajid delivering constable's deed, two dollars and fifty cents. (15) For each mile actually traveled within his county in the service of any civil suit, order, or paper, in going only, per mile, twenty-five cents. No constructive mileage shall be allowed. (16) For each mile necessarily traveled w^ithin his county, in executing a warrant of arres:^^^ both in going to and returning from the place of § 4244 POLITICAL CODE. 694 arrest, fifteen cents; and the actual cost of the transportation of the prisoner or prisoners from the place of arrest to the justice court, and the necessary expense cf assistance; provided, that for traveling in per- formance of two or more official services at the same time, including the service of criminal process, but one mileage shall be charged. (17) For each mile necessarily traveled outside his county in execut- ing a warrant of arrest, both in going to and returning from the place of arrest, fifteen cents. (18) For transporting prisoners to the county jail, from the justices* court or from the county jail to the justices' court, the actual cost of transportation and assistance, and mileage at twenty-five cents per mile, one way. In conveying two or more prisoners, but one mileage shall be charged. (19) For each day in which the constable is charged with the custody of a prisoner or prisoners, two dollars fifty cents, and for necessary ex pense of mainten.-ince and assistance in keeping said prisoners. (20) For summoning a jury in a civil case, twenty-five cents for each of the persons so summoned, and mileage at the rate of twenty-five cents per mile, going only. (21) For attending court during the trial of a civil cause, per day, three dollars. (22) For making sales of estrays in civil cases, the same fees as for sales on execution. (23) For serving writ of possession or restitution, putting a person in possession of the premises, and removing the occupants therefrom three dollars per day, and mileage at twenty-five cents per mile, going only. (21) The mileage provided for herein shall be computed for the short- est practicable traveled route between the two points for which mileage is claimed. Fees, jurors, superior courts. 18. The fees of grand jurors and trial jurors in the superior courts of said counties of the fifteenth class, in civil and criminal cases shall be three dollars, in lawful money of the United States, for each days's at tendance, and mileage to be computed at the rate of fifteen cents per mile for each mile necessarily traveled in attending court, in going only. In criminal cases such fees and mileage of said trial jurors in the superior court shall be paid by the treasurer of the county out of the general fund of said county upon warrants drawn by the county auditor upon the written order of the judije of the court in which s:iid juror was in at- tendance, and the treasurer of said county shall pay said warrants. The board of supervisors of said county is hereby directed to make suitable appropriations for the payment of the fees herein provided for. Fees, jurors, justices' court. 19. The fees of jurors in justices' courts in civil and criminal cases, shall be two dollars in lawful money of the United States for each day's 695 POLITICAL CODE. § 4245 attendance and mileage to be computed at the rate of fifteen cents per mile for each mile necessarily traveled iu attending court in going only; - in criminal cases such fees and mileage of said trial jurors in the justices' courts shall be paid by the treasurer of the county out of the general fund of said county upon warrants drawn by the county auditor upon the written order of the judge of the court in which said jury was in attendance, and the treasurer of said county shall pay said war- rants. The board of supervisors of said county is hereby directed to make suitable appropriations for the payments of the fees herein pro- vided for. Salaries and fees, how paid. 20. All salaries provided for in this article shall be paid out of the treasury of the county in monthly installments, and all fees shall be paid from the county treasury as other bills against the county are paid. [Amendment approved June 16, 1913; Stats. 1913, p. 1210.] Also amended February 28, 1911 (Stats. 1911, p. 164), and April 27, 1911 (Stats. 1911, p. 1173). Citations. App. 11/578, 579. Counties, sixteenth class — Contra Costa. Salaries of officers. § 4245. In counties of the sixteenth class the county and township officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: County clerk. 1. The county clerk, three thousand two hundred and fifty dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the county clerk the following clerks, deputies and employees, who shall be appointed by the county clerk, and shall be paid salaries as follows: One chief deputy at a salary of one hundred and twenty-five dollars per month; one courtroom deputy at a salary of one hundred and fifteen dollars per month; one office deputy at a salary of one hundred dollars per month; one stenographer at a salary of sixty dol- lars per month; provided, further, that in any year that the compilation of a new great register is required by law, the county clerk shall receive as expenses for compiling such great register the sum of five cents for each name inserted in said great register, to be paid upon the filing and presentation of a duly verified claim therefor by the county clerk with the board of supervisors of said county; and provided, further, that in any year when a new great register of voters is required by law, that said county clerk may appoint such number of registration deputies as may be necessary for the registration of voters in their respective pre- cincts, each of said deputies to receive the sum of ten cents per name for each elector registered by him; said registration deputies to be paid for their services on the presentation and filing with the board of super- visors of said county a duly verified claim therefor. The salaries of the deputies, clerks and employees herein provided for shall be paid by said § 4245 POLITICAL CODE. 696 county in monthly installments, at the same time and in the same manner and out of the same fund as the salary of the county derk is paid; provided, however, that the compensation for the registratiublic ailmiuistrator, eight hundred dollars per annum. Superintendent of schools. 11. The superintendent of "ichools, two thousand four hundred dollars per annum, and actual traveling expenses when visiting the schools in his county; provided, the superintendent of schools may appoint one assistant superintendent of schools, which office of assistant superin- tendent of schools is hereby created, who shall receive as compensation the sum of nine hundred dollars per annum, payable at the same time and in the same manner as the salaries of other county officers are paid. Surveyor. 12. The surveyor shall receive ten dollars per diem for each day actually employed in the performance of his duties as a county officer, and in addition thereto all necessary expenses, such as transportation and pay of help which may be necessary for the performance of county duties. 707 POLITICAL CODE. § 4247 Justices of the peace. 13. Justices of the peace, the following monthly salaries, to be pai.l each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases: in townships having a population of six thousand or more, one hundred dollars per month; in townships having a population of two thousand four hundred and less than six thousand, seventy-five dollars; in townships having a population of two thousand and less than two thousand four hundred, sixty-five dollars; in townships having a population of one thousand five hundred and less than two thousand, fifty-five dollars; in townships having a population of one thousand or less than one, thousand five hundred, thirty dollars; in townships having a population of eight hun- dred and less than one thousand, twenty dollars; in townships having a population of five hundred and less than eight hundred, fifteen dollars; in townships having a population of less than five hundred, ten dollars. Each justice must pay into the county treasury, once a month, all fines collected by him. In addition to the monthly salary allowed herein, each justice may receive for his own use such fees as now or may hereafter be allowed by law for all services performed by him in civil actions. Constables. 14. Constables, the following salaries which shall be paid monthly as salaries of the county officers are paid, and which shall be in full for all services rendered by them in criminal cases, to wit: in townships hav- ing a population of one thousand eight hundred and more, one hundred dollars; in townships having a population of one thousand five hundred and less than two thousand one hundred, eighty dollars; in townships having a population of one thousand and less than one thousand five hundred, fifty dollars; in townships having a population of eight hun- dred and less than one thousand, thirty dollars; in townships having a population of five hundred and less than eight hundred, fifteen dollars; in townships having a population of less than five hundred, ten dollars. In addition to the monthly salary allowed herein, each constable may re- ceive and retain for his own use such fees as are now or may be here- after allowed by law for all services performed by him in civil actions. For the purpose of this section, the basis of calculation for fixing the compensation of justices and constables above mentioned, the population of the different townships of the county shall always be based upon the figures as shown by the last United States census; provided, however, that whenever the census of any township or townships shall have been taken under the provisions of this title, said census may become the basis of calculation. Supervisors. 15. Each member of the board of supervisors, twelve hundred dollars per annum for all services rendered and including mileage and ser- vices as road commissioners; provided, that when required to go on business to any point outside of said county, they shall be allowed actual expenses. § 4248 POLITICAL CODE. 708 Board of education. 16. Each member of the county board of education shall receive ten cents per mile for traveling from his or her residence to the county seat; provided, that mileage be not allowed for more than two meetings in any one month. In effect, when. 17. Sections 1, 3, 4, 5, 7, 8, 11 and the provisions of section 14 re- lating to townships having a population of one thousand eight hundred and more shall go into efifect ninety days after final adjournment of the legislature. Salaries, full compensation. The salaries herein allowed are in full compensation for all duties per- formed by either principals or their deputies and all fees of every kind collected by each officer or his deputy except the assessor and his dep- uties, as provided in section 7 of this act. shall be paid into the county treasury as provided by law. except that of the county clerk, sheriff, assessor, coroner, justices of the peace and constables shall each be al- lowed the fees and commissions as provided for in subdivisions 1, 2. 7. 9, 13 and 14, respectivelv, of this act. [Amendment approved .Tune 16. 1913; Stats. 1913. p. 1267.J Also imended February 28, 1011 (Stats. 1911, p. 175) and April 27, 1911 (Stats. 1911. p. 1168). Counties, nineteenth class — Butte. Salaries of officers. § 4248. In counties of the rincteenth class, the county officers shall receive, as compensation for the services required of them by l:iw or by virtue of their offices, the following salaries, to wit: County clerk. 1. The county clerk, four thousand five hundred dollars per annum: provided, that in years when a great register of voters is required by law to be made, the county clerk shall receive in addition to his regular salary the sum of twelve hundred dollars for such service. The saiii clerk may appoint one chief deputy clerk, which said office of chief deputy clerk is hereby created. The salary of such chief deputy clerk is hereby fixed at twelve hundred dollars per annum, such salary to be paid at the same time and in the same manner as the salary of county officers is paid. Sheriff. 2. The sheriff, six thousand dollars per annum. Recorder. 3. The recorder, three thousand two hundred dollars per annum. The recorder shall also be allowed one copyist to be appointed by himself at a salary of se\enty-five dollars per month, to be paid at the same time and in the same manner as the salary of county officers is paid. 709 POLITICAL CODE. § 4248 Auditor. 4. The auditor, one thousand five hundred dollars per annum. Treasurer. 5. The treasurer, two thousand four hundred dollars per annum. Tax collector. 6. The tax collector, three thousand dollars per annum. Assessor. 7. The assessor, three thousand five hundred dollars per annum, and the fees and commissions now or hereafter allowed by law. The assessor shall also be allowed the following deputies, to be appointed by him, viz.: one deputy for each bona fide increase of two hundred real estate statements made for assessment purposes over and above three thousand of such statements, and not to exceed in all five deputies. Each of such deputies shall receive a monthly compensation of one hundred dol- lars, for the months of March, April, May and June of each year, the salary of such deputies to be paid in the same manner and out of the same fund as the assessor, upon the presentation of a certificate that services have been performed, and signed by the assessor. District attorney. 8. The district attorney, twenty-four hundred dollars per annuqi; assist- ant district attorney, fifteen hundred dollars per annum; provided, that in counties of this class the district attorney may appoint a stenog- rapher, which office of stenographer to the district attorney is hereby created, and such stenographer shall receive as compensation for his or her services the sum of six hundred dollars per annum, to be paid in equal monthly installments in the same manner, at the same time and out of the same fund as the salary of other county officers is paid. Coroner. 9. The coroner, such fees as are now or may be hereafter allowed by law. Public administrator. 10. The public administrator, such fees as are now or may be hereafter allowed by law. Superintendent of schools. 11. The superintendent of schools, two thousand dollars per annum, and his actual traveling expenses when visiting schools, not to exceed ten dollars per district; provided, that the said superintendent of schools may appoint one deputy superinte;;dent of schools, which office of deputy superintendent of schools is hereby created, and such deputy shall re- ceive compensation for his or her services the sum of seven hundred twenty dollars per annum, to be paid in equal monthly installments in the same manner, at the same time and out of the same fund as the salary of other county ofiieeis is paid. § 4248 POLITICAL CODE. 710 Surveyor, 12. The surveyor, such fees as are now or may be hereafter allowed by law. Justices of the peace and constables. 13. In counties of this class the township oflRcers shall receive the following compensation, to wit: a. In townships having a population of forty-five hundred, or more, each justice of the peace shall receive a salary of one hundred twenty- five dollars per month, and each constable a' salary of ninety dollars per month. b. In townships having a population of two thousand, or more, and less than forty-five hundred, each justice of the peace shall receive a salary of fifty dollars per month, and each constable a salary of sixty dollars per month. c. In townships having a population of nineteen hundred twenty-five, or more, and less than two thousand, each justice of the peace shall receive a salary of forty dollars per month, and each constable a salary of fifty dollars per month. d. In townships having a population of eighteen hundred, or more, and less than nineteen hundred twenty-five, each justice of the peace shall receive a salary of thirty dollars per month, and each constable a salary of forty dollars per month. e. In townships having a population of seven hundred thirty, or more, and less than eighteen hundred, each justice of the peace shall receive a salary of twenty dollars per month, and each constable a salary of twenty-five dollars per month. f. In townships having a population of less than seven hundred thirty each justice of the peace shall receive a salary of five dollars per month, and each constable a salary of five dollars per month. The above-named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases; provided, that each constable shall be allowed and paid the actual expense of trans]iorting prisoners, after conviction, to the county jail, which said expense shall be audited and allowed by the board of supervisors and paid out of the county treasury. Said justices of the peace and constables may receive and retain for their own use such fees as are now or may hereafter be allowed by law for all services rendered by them in civil actions. The salaries of township officers as herein provided for shall be paid in the same manner, at the same time, and out of the same funds that county officers are paid. Population of townships, how determined. For the jiurpose of this subiiivisitm the population of the several ju- dicial townships is hereby determined to be the population of said townships as shown by the federal census taken in the year A. D. 1910. 711 POLITICAL CODE. § 4249 Supervisors. 14. Each member of the board of supervisors, twelve hundred dollars per annum, and mileage when acting as road commissioner, twenty-five cents per mile one way; provided, the amount of mileage shall not ex- ceed the sum of three hundred dollars in any one year. Board of education. 15. Members of the board of education, each the sum of five dollars per day for actual service, together with mileage at ten cents per mile. Fees, jurors. 16. In counties of this class grand jurors and trial jurors in criminal cases in the superior court shall each receive for each day's attendance the sum of three dollars, and the mileage allowed by law. In effect, when. 17. Sections 8, 11, 13, and 16 hereof shall become operative as soon as this act takes effect and shall apply to incumbents in office. [Amend- ment approved June 16, 1913; Stats. 1913, p. 1270.] Also amended February 28, 1911 (Stats. 1911, p. 177), and April 29, 1911 (Stats. 1911, p. 1241). Counties, twentieth class — San Mateo. Salaries of officers. § 4249. In counties of the twentieth class, the county and township oflficers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: 1. The county clerk, three thousand dollars per annum, and such fees as are now, or may be hereafter, allowed by law, and in any year when a new great register of voters is required by law, he shall receive in addition thereto ten cents per name for each person registered; and provided, that in counties of this class the county clerk may appoint one deputy who shall receive a salary of eighteen hundred dollars per annum; one deputy who shall be a stenographer, which office is hereby created, at a salary of seventy-five dollars per month, and during any year when an official primary election is held in the county, the county clerk may appoint one additional deputy, which office is hereby created, to serve for a period of four months only, at a monthly salary of seventy-five dollars. The deputies herein provided for shall be paid at the same time and in the same manner, and out of the same fund as the county clerk is paid. In any year when a new registration of voters is required by law the county clerk may appoint such number of deputies as may be necessary for the convenient registration of voters in their respective precincts, such deputyships and offices being hereby created. Each of said deputies shall be paid the sum of seven cents per name for each elector registered by him. Said compensation to be paid out of the general fund of said county on the presentation and filing with the board of supervisors of said county, of a duly veri- fied claim therefor, approved by said county clerk. § 4249 POLITICAL CODE. 712 2. The sheriff, four thousand and five hundred dollars per annum, and mileage at the rate of twenty-five cents per mile necessarily traveled in going only. 3. The recorder^ three thousand and five hundred dollars per annum, and said recorder may appoint two deputy recorders, which oflBces are hereby created, who shall receive a salary of eight hundred dollars each per annum. Said recorder may also appoint such copyists as may be re- quired for the recording of all f)apers, notices or documents in his office, except maps or plats, who shall receive as compensation for their services the sum of six cents per folio; and for copies of any paper or record six cents per folio. The salaries and compensation of all deputies and copyists herein provided for shall be paid by the county in monthly installments, at the same time, and in the same manner, and out of the same fund as the salary of the county recorder is paid. 4. The auditor, one thousand eiglit hundred dollars per annum, and said auditor may appoint one deputy, which office is hereby created, who shall receive a salary of nine hundred dollars per annum; pro- vided, further, that in counties of this class there shall be and is hereby allowed to the auditor to be appointed by him. which office is hereby created, a copyist for the month of October in each year, at a salary of one hundred dollars. The deputy and copyist herein pro- vided for shall be paid at the same time and in the same manner and out of the same fund as the auditor is paid. 5. The treasurer, one thousand eight hundred dollars per annum. 6. The tax collector three thousand five hundred dollars per annum (in lieu of the tax collector's present compensation of two thousand dollars salary, and commissions as license collector allowed him by law), provided, that in counties of this class there shall be and there hereby is allowed to the tax collector one clerk, which office is hereby created, to be appointed by him, for four months in each year, at a salary of sevent3'-five dollars ])er month; he may also appoint one indexer, which office is hereby created, at a salary of seventy-five dollars jier month, for four months in each year, whose duty it shall bo. under the direc- tion of the tax collector, to compile an index of the asse>^sment-rolls of the county, and of the assessment-rolls of each sanitary district, said index to be a public record, and to be kept in the office of the tax collector for public use. Said clerk and indexer to be paid by the county in monthly installments, at the same time, and in the same man- ner, and out of the same fund as the salary of the tax collector is paid. 7. The assessor, four thousand dollars per annum. He shall have for use in his office and under his supervision and control a draftsman, which oflice of draftsman is hereby, by the terms of this act, expressly created and whose duty it shall be to, under the suj>ervision and con- trol of the assessor, prepare for use in said office proper books, blanks, maps and plat books; the said position of draftsman to be filled by the assessor in the same manner as deputies are appointed by him, and said draftsman is to be at all times as to his duties under the super- 713 POLITICAL CODE. § 4249 vision and control of said assessor, the same as deputies of such asses- sor are under his supervision and control, which said draftpman shall receive a salary of nine hundred dollars per annum. Said salary to be paid by the county in monthly installments, at the same time, and in the same manner, and out of the same fund as the salary of the assessor is paid. 8. The district attorney, two thousand four hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, two thousand one hundred dollars per annum, and actual traveling expenses, when visiting the schools of the county. 12. The surveyor shall receive one thousand six hundred dollars per annum for all work performed for the county, and, in addition thereto, actual traveling and other necessary expenses incurred in ccunection with field work; provided, that whenever the surveyor is directed by the assessor to plat, trace or otherwise prepare maps, plats or block- books for the use of the county assessor, he shall be allowed only the actual cost of preparing the same. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases. In townships having a population of three thousand five hundred or more, seventy-five dollars per month. In townships having a population of not less than two thousand nor more than three thousand five hundred, seventy dollars per month. In townships having a population of not less than twelve hundred nor more than two thousand, Mty dollars per month. In all townships having a population of less than twelve hun- dred, twenty-five dollars per month: In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter al- lowed by law, and shall also collect and retain for his own use such fees as are now or may be hereafter allowed by law for services ren- dered by him as coroner, when acting as such. 14. Constables shall receive the following monthly salaries, to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases: In town- ships having a population of three thousand five hundred or more, seventy-five dollars per month. In townships having a population of not less than two thousand nor more than three thousand five hundred, seventy dollars per month. In townships having a population of not less than twelve hundred nor more than two thousand, fifty dollars per month. In all townships having a population of less than twelve hun- dred, twenty-five dollars per month. In addition to the monthly salary allowed herein, each constable may collect and retain for his own use §4249 POLITICAL CODE. 71 i such fees as are now or may be hereafter allowed by law for all ser- vices performed by him in civil actions; and he shall also be allowed his actual and necessary expenses incurred in executing any warrant outside of his county issued by a magistrate or justice of his county. Constables shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to the county jail, which said ex- penses shall be audited and allowed by the board of supervisors, and paid out of the county treasury. 15. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of twenty-five cents per mile one way only, from his residence to the place of meeting of said board. Secretary of said board of education shall receive five dollars per day for his services for the actual time that the board may be in session. Said compensation of the members of said board, and of said secretary, shall be paid out of the same fund as the salary of the superintendent of schools is paid. Claims for such services and mileage shall be pre- sented to the board of supervisors, and shall be allowed at the rate above named, in the same manner as other claims against the county are allowed. The compensation of the members of the county board of education herein provided is not in addition to that provided in sec- tion 1770 of this code. 16. Each supervisor, twelve hundred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat; pro- vided, that when a supervisor is also road commissioner he .«hall receive in addition to the twenty cents per mile allowed to him by law as such road commissioner his actual traveling expenses, the total mileage and expenses not in any one year to exceed the sum of three hundred dollars 17. In counties of this class, grand jurors and trial jurors in the superior court shall each receive for each day's attendance, per day, the sum of three dollars, and for each mile actually and necessarily traveled from their residence to the county seat, in going only, per mile, the sum of fifteen cents; such mileage to be allowed but once during each session such jurors .are required to attend. 18. It shall be the duty of the grand jury annually to make a care- ful and complete examination of the books, records, and accounts of all the officers of the county and especially those pertaining to the revenue, and report as to the facts they have found, with such recommendation as they may deem proper and fit; and if, in their judgment, the service of an expert is necessary they shall have power to employ one, at an agreed compensation, not to exceed ten dollars per day, payable as other county charges. The judge, on imiianelmont of such grand jury, shall charge them specially as to their duties regarding the examination of the accounts of county officials, as heroin required; provided, that if any grand jury shall, in the report above mentioned, comment upon any person or official who has not been indiited by the said grand jury, the said comments shall not be deemed to be privileged. 715 POLITICAL CODE. § 4250 19. Justices of the peace shall be allowed for their office rent and expenses, the sum of fifteen dollars each, per month, in addition to the monthly salaries herein allowed. Each justice of the peace must pay into the county treasury monthly all fees and fines collected by him in criminal cases; and he must keep a book open for the inspection of the public, during office hours, in which must be entered at once and in detail the amount of all fines collected by him in criminal cases. The auditor must withhold warrants for salary until a sworn statement has been filed with him of all criminal cases tried and fines collected and paid into the county treasury. [Amendment approved April 19, 1911; Stats. 1911, p. 945.] There was another § 4249 adopted at the same session of the legislature. See Stats. 1911, p. 179. Counties, twenty-first class — Santa Cruz. Salaries of officers. § 4250. In counties of the twenty-first class the county and town- ship officers shall receive, as full compensation for the services required of them by law or by virtue of their offices, the following fees and salaries: County clerk, 1. County clerk, three thousand five hundred dollars per annum, and shall receive in addition the sum of six hundred dollars a year for every year that an election is held throughout the state of California; he also shall receive in addition the sura of ten cenfs per name for each voter registered in the county of Santa Cruz, which shall be in full for all services required in registering voters and making up the great register, and the performing of all other acts incident to or pertaining to elections; provided, that in counties of this class there shall be and is hereby allowed to the county clerk one copyist and index clerk who shall be appointed by the county clerk and who shall be paid a salary of nine hundred dollars per annum, and whose salary shall be paid in monthly installments in the same manner and out of the same fund as the salary of the county clerk is paid. Sheriff. 2. Sheriff three thousand dollars per annum; provided, that there shall be and there is hereby allowed to said sheriff an under-sheriff who shall receive a salary of twelve hundred dollars per annum and one deputy sheriff, who shall also act as night jailer, at a salary of five hundred dollars per annum; the said under-sheriff and the said deputy to be appointed by the sheriff and the salaries of which shall be paid by the county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the sheriff is paid; and provided, further, that in addition thereto, the sheriff' shall receive and retain for his own use and benefit all of the fees, per diem, mileage and expenses which are now or which may here after be allowed by law, and the fees and commissions for the service § 4250 , POLITICAL CODE. 716 of all papers whatsoever issued by any court in the state outside of Santa Cruz county. Becorder. 8. The recorder, twenty-four hundred dollars per annum; provided, however, that in counties of this class the recorder shall be entitled to the actual cost incurred by him for the recording of all papers and documents in his office not exceeding seven cents per folio for each paper or document so recorded; provided, further, t'hat said recorder shall file monthly, with the county auditor, a verified statement show- ing in detail the persons and the amounts paid to each for such record- ing. Auditor. 4. The auditor, two thousand seven hundred and fifty dollars per annum. , Treasurer. .5. The treasurer, «wenty-four hundred dollars per annum. Tax collector. t). The tax collector, twenty-seven hundred and fifty dollars per annum; provided, that in lieu of the clerk now allowed this offire for six months during each year, the said tax collector is hereby allowed one dcjtuty for the entire year who shall receive a salary of nine hundred dollars per annum; said salary to be paid by the county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the tax collector is paid. The provisions herein applying to the appointment and the salary of said deputy shall go into effect ninety days after the approval of this act. Assessor. 7. The assessor, three thousand dollars per annum; provided, that in addition the assessor shall be allowed one office deputy at nine hundred dollars per annum; one draftsman at twelve hundred dollars per annum; one deputy for five months in the year at cne hundred dollars per rtionth; one cojivist tor five months in the year at forty dollars per month; one deputy for five months in the year at one hundred «lollar;j per month; one deputy for throe months in the year at one humlroil dollars per month, and one deputy for four months in the year at one hundred dollars per month; and provideil. further, that all of said deputies, clerks and draftsmen, heroin provided for, shall be appointed by the assessor and shall be paid by the county in monthly install ments at the same time and in the same manner and out of the same fund as the salary of the assessor is paid. District attorney. 8. The district attorney, two thousand dollars per annum, and one deputy for the district attorney is hereby provided for at the discre- tion of the board of supervisors expressed by resolution. 717 POLITICAL CODE. § 4250 Coroucr. !). 'I'lie coroner, such fees as are now or may be hereafter allowed by law. Public administrator. ]ii. The puhlie administrator, such fees as are now or may be here- after allowed by law Superintendent of schools. 11. The superintendent of schools, eighteen hundred dollars per annum, and actual traveling expense; when visiting the schools of his county; provided, that in counties of this class there shall be and there is hereby allowed to the superintendent of schools, a clerk which , office is hereby created, at a salary of fifty dollars per month, and who shall be appointed by the superintendent of schools. The salary of j said clerk herein provideil for shall be paid by said county in monthly I installments at the same time and in the same manner and out of the ' same fund as the salary of the superintendent of schools is paid. Surveyor. 12. The surveyor, such fees as are now or may be hereafter allowed by law. Supervisors. 18. Board of supervisors, each member of the board of supervisors one hundred dollars per mouth and no mileage. Judicial townships, how classified. 14. For the purpose of regulating the compensation of justices of the peace and con3tables, judicial townships in this class of counties are hereby classified according to their population as follows: Town- ships containing a population of ten thousand or more shall belong to and be known as townships of the first class; townships containing a population of less than ten thousand and more than six thousand shall belong to and be known as townships of the second class; townships containing a population of less than six thousand and more than four thousand shall belong to and be known as townships of the third class; townships containing a population of less than four thousand and more than two thousand shall belong to and be known as townships of the fourth class; tow^nships containing a population of less than two thou- sand shall belong to and be known as townships of the fifth class; the population of the several judicial townships shall be determined for the purpose of this and the succeeding subdivisions by multiplying by three the total number of names registered as voters in such townships as shown by the complete index to great register as compiled and certified by the county clerk of said class of counties in October, A. D. 1912. Justices of the peace. 15. -Justices of the peace shall receive the following salaries which shall be paid monthly in the same manner as the salaries of county § 4250 POLITICAL CODE. 718 oflScers are paid, out of the salary fund of the county, which shall be in full for all services rendered by them in criminal cases; provided, however, that if two justices of the peace shall be elected and qualify in any one township, then the said justices shall ea^'h receive one-half of the salaries therein provided for, to wit: in townships of the first class, one hii^idrcd dollars per month; in townships of the second class, sixty-five dollars per month; in townships of the third class, forty dol- lars per month; in townships of the fourth class, twenty-five dollars per month; in townships of the fifth class, fifteen dollars per month. In addition to the monthly salaries herein allowed, each justice may receive and retain for his own use, such fees as are now or may here after be allowed by law for services rendered by him in civil cases. Justices of the peace in the first and second classes shall be allowed their actual office rent, not to exceed the sum of fifteen dollars each, for any one month. Constables. 15J. Constables shall receive the following fees and salaries which shall be paid monthly in the same manner as the salaries of the county otiicers are paid, out of the salary fund of the county, which shall be in full for all services rendered by them in criminal cases, to wit: in fownships of the first class, forty dollars per month; in townships of the sccoml class, forty dollars per month; in townships of the third class, forty dollars jier month; in townshii)s of the fourth class, twenty- five dollars per month; in townshifis of the fifth class, fifteen dollars per month; provided, that in addition to the salaries herein allowi 1. each constable shall be paid out of the general fund of the county f-r traveling expenses outside of his own township, for the service of a warrant of arrest, or any other process in a criminal case (where such service is in fact made), both going and returning, ten cents per mile-: for each mile traveled outside of his county, both going to and rctur- ing from the place of arrest, or other service of process, five cents jh r mile; for transporting prisoners to the county jail, a constable shall be allowed his actual expenses each way. In addition to the monthly salaries herein allowed, each constable may receive and retain for his own use, such fees as are now or may hereafter be allowed by law for services rendered by him in civil cases. Reporter. Hi. The official reporter of the superior court shall receive the fees allowed by law. Salaries, full compensation. 17. In fixing the compensation of the above-named officers in the amounts hereinabove specified, it is hereby expressly provided that the salaries and foes above provided shall be in full compensation of all services of every kind and description rendered by the officers nameensation for services required of tin:" by law, or by virtue of their office, the following salaries, to wit: County clerk. 1. The county clerk, three thousand dollars per annum; provided, tlmt he shall have power to appoint one deputy, which office is hereby ere ated, at a salary of twelve hundred dollars per annum, payable at the same time and in the same manner as that of other county officers; and further provided, that he shall have power to appoint one deputy, whiph office is hereby created, at a salary of nine hundred dollars per annum, payable at the same time and in the same manner as that of othrr county officers; and further provided, that in any year that the com pilation of a great register is required by law to be made he shall receive six hundred dollars additional for said year, which shall be in full for all services required in registering voters and making such new great register. The county clerk shall also receive and retain for his own use and benefit, fees and commissions which now are, or which may hereafter be allowed bv law. 723 POLITICAL CODE. § 4252 Sheriff. 2. The sheriflF, three thousand and five hundred dollars per annum; provided, that he shall have power to appoint two (2) deputies, which offices are hereby created, one at a salary of twelve hundred dollars per annum, and one at a salary of nine hundred dollars per annum, payable at the same time and in the same manner as that of other county offi- cers. The sheriff shall also receive and retain for his own use and ben- efit, all the fees or commissions and mileage which are now or may . hereafter be allowed by law, for the service of all papers issued in civil cases, by any court of tiiis state, and also all expenses actually paid by him in the pursuit of criminals, or in the transacting of criminal business within his county. Recorder. 3. The recorder, three thousand and six hundred dollars per annum; ! provided, that he shall have the power to appoint one deputy, which I office is hereby created, at a salary of nine hundred dollars per annum, payable at the same time and iu the same manner as that of other county officers. Auditor. 4. The county auditor, two thousand and four hundred dollars;' pro- vided, that he shall have the power to appoint one (1) deputy, which ; office is hereby created, at a salary of nine hundred dollars per annum, f payable at the same time and in the same manner as other county f officers. I Treasurer. 5. The treasurer, two thousand and four hundred dollars per annum; provided, that he shall have power to appoint one deputy, which office is herlby created, at a salary of nice hundred dollars per annum, pay- able at the same time and in the same manner as that of other county officers. Tax collector. 6. The tax collector, twenty-four hundred dollars per annum; provided, he shall have power to appoint one deputy, which office is hereby created, at a salary of nine hundred dollars per annum, payable at the same time and in the same manner as that of other county officers. Assessor. 7. The assessor, four thousand two hundred dollars per annum; pro- vided, that he shall have power to appoint one deputy, which office is herebj' created, at a salary of nine hundred dollars per annum, payable at the same time and in the same manner as that of other county offi- cers; and said assessor shall also receive the commissions on the amount of poll and personal property tax as is provided in and by section 4290 of the Political Code of the state of California. § 4252 POLITICAL CODE. 724 District attorney. 8. The district attorney, two thousand and four hundred dollars per annum, and his actual traveling expenses when prosecuting criminals within the county; provided, that he shall have power to appoint two deputies, which offices are hereby created, one at a salary of one thou- sand two hundred dollars and one at a salary of nine hundred dollars. Coroner. i). The coroner, such fees as are now or may hereinafter be allowed by law. Public administrator. 10. The public administrator such fees as are now or may hereinafter be allowed by law. Superintendent of schools. 11. The superintendent of schools two thousand four hundred dollars per annum, and his actual traveling expenses when visiting the schools of his county; provided, that he shall have the power to appoint one deputy, which office is hereby created, at a salary of nine hundred dol- lars per annum, payable at the same time and in the same manner, as that .of other county officers, but he shall receive no extra compensa- tion for his services on the board of education, or otherwise. Surveyor. 12. The surveyor, one thousand three hundred dollars per annum, for all work performed for the county, and in addition tliereto, his actual necessary traveling expenses incurred in connection with field work and cost of preparing maps, plats, tracings, etc., for the assessor when di- rected by him. Justices of the peace. ' 13. The justices of the peace shall receive the following monthly sal- aries, to be paid each month as the salaries of the county officers are paid, which ."ihall be paid in full for all services rendered by them, (1) in townships having a population of five thousand or more, one hun- dred twenty-five dollars per month; provided, that where there is now or may be hereafter created in such township, more than one justice of the peace, the monthly salary of said two justices shall each be one hundred dollars per month; (2) in townships having a population of twenty-five hundred and less than five thousand, sixty-five dollars per month; (3) in townsliips having a population of fifteen hundred and less than twentj^-five hundred, fifty-five dollars per month; (4) in town- ships having a population of one thousand and less than fifteen liuu- dred, forty-five dollars per month; (5) in townships having a population of five hundred and less than one thousand, thirty-five dollars per month; (6) and in townships having a population of less than five hun- dred, thirty dollars per month. Each justice must pay into the county treasury once a month all fees and fines collected by him. 725 POLITICAL CODE. § 4253 Constables. 14. The constable shall receive the following salaries to be paid each month as salaries of the county officers are paid, which shall be in full for all services rendered by them in criminal cases and in all other crim- inal matters: (1) in townships having a population of five thousand or more, seventy dollars per month; (2) in townships having a population of twenty-five hundred, and less than five thousand, fifty dollars per month; (3) in townships having a population of fifteen hundred or less than twenty-five hundred, forty dollars per month; (4) in townships having a population of one thousand and less than fifteen hundred, thirty-five dollars per month; (5) in townships having a population of five hundred and less than one thousand, thirty dollars per month; (6) in townships having a population of less than five hundred, twenty- five dollars per month; provided, that in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses in his own district, for the service of a war- rant of arrest or any other process in a criminal ease, or other criminal matters (when such service is in fact, made) both going and returning, ten cents per mile; for each mile traveled out of his county, both going to and returning from the place of arrest in the service of process five cents per mile, and for transporting persons to the county jail, ten cents per mile each way. In addition to the monthly salary allowed him herein each constable shall receive for his own use. the fees in civil cases, which are now or may hereafter be allowed by law. Supenrisors. 15. The supervisors, each the sum of eight dollars per day for actual services rendered (but not to exceed nine hundred dollars per annum) and twenty cents per mile for all distances actually traveled, in the performance of his duty as road commissioner, not to exceed two hundred dollars per annum, together with mileage at the rate of twenty cents per mile, in going only, from his place of residence to the county seat at each session of the board. Population of judicial townships, how ascertained. 16. For the purposes of subdivisions 13 and 14 of this section, the population of several judicial townships shall be ascertained and deter- mined by the board of supervisors by multiplying by three and one- half, the vote cast for presidential electors in each township at the next preceding election therefor. [Amendment approved June 16, 1913; Stats. 1913, p. 1207.] Also amended February 28, 1911 (Stats. 1911, p. 186), and April 29, 1911 (Stats. 1911, p. 1225). Counties, twenty-fourth class — Mendocino. Salaries of officers. § 4253. In counties of the twenty-fourth class the county and town- ship officers shall receive as compensation for the services required of them by law or by virtue of their offices the following salaries and fees to wit: § 4253 POLITICAL CODE. 726 1. The county clerk, three thousand dollars per annum. In counties of this class there shall be and there is hereby allowed to the county clerk for his own use and to be paid out of the countj' treasury monthly in the same manner as salaries of other county officers are paid, the sum of five cents for the name of each defendant entered in the index •labeled "General Index — Defendants" as provided in subdivision 4 of section 4178; and the further sum of five cents for each document recorded by said county clerk under the provisions of section 13S7 of the Code of Civil Procedure; and the further sum of five cents for each name contained in the index of registration books, to be prepared by said clerk, under the provisions of section 1115 of this code; and the further sum of ten cents each for the filing and indexing of proceedings in coroner's inquests. 2. The sheriff, four thousand dollars per annum. The board of super- visors shall allow to the sheriff his necessary expenses for pursuing criminals, or transacting any criminal business, and for boarding pris- oners in the county .iail; provided, that the board of supervisors shall fix a reasonable price at which such prisoners shall be boarded, if not otherwise provided for in this title; provided, further, that the sheriff shall be entitled to receive and retain for his own use, five dol- lars per diem for conveying prisoners to and from the state prisons, and for conveying persons to and from the insane asylums, or other state institutions not otherwise provided for by law; also all expenses necessarily incurred in conveying insane persons to and from the in- sane asylum, and in conveying persons to and from the state prisons, or other state institutions, which per diem and expenses shall be allowed by the board of examiners and collected from the state. The court shall also allow the sheriff his necessary expenses in keeping and pre- serving property seized on attachment or executions, to be paid out of the fees collected in the action. The sheriff may also retain for his own use the mileage allowed by law for the service of all papers or process, provided, that in no case shall the sheriff be allowed to retain JPor his own use for the service of any paper or process, the mileage for more than ten miles, and wlicn more than one paper or process is served at the same time or on the same trip, he shall be allowed to retain only one mileage. Except in this section provided, the sheriff shall receive no other or further compensation whatsoever. Recorder., 3. The recorder, two thousand one hundred dollars per annum. Auditor. 4. The auditor, two thousand four hundred dollars per annum. Treasurer. 5. The treasurer, two thousand dollars per annum. Tax collector. 6. The lax collector and license collector, two thousand two hundred dollars per annum. 727 POLITICAL CODE. § 4253 Assessor. 7. The assessor, three thousand dollars per annum. District attorney. 8. The district attorney, two thousand seven hundred dollars per annum, and his traveling, office and other expenses in criminal matters and cases, and in civil actions, proceedings and all other matters in which the county is interested, incurred by him in the performance of his duties; and all the expenses incurred by him in the detection of crime and prosecution of criminal cases and in civil actions and pro- ceedings and all other matters in which the county is interested. Coroner. 9. The coroner, such fees as are now or may be hereafter allowed by law. Public administrator. 10. The public administrator, such fees as are now or may be here- after allowed by law. Superintendent of schools. 11. The superintendent of schools, two thousand four hundred dol- lars per annum and actual traveling expenses when visiting the schools of his county. Surveyor. 12. The surveyor, such fees as are now or may be hereafter allowed by law. Justices of the peace. 13. Justices of the peace, the following monthly salaries, to be paid each month, as salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships where the population is two thousand or more, forty dollars per month; in townships where the population is one thousand and less than two thousand, thirty dollars per month; in townships where the population is less than one thousand, twenty dollars per month. In addition to the above salaries, each justice of the peace maj' collect, for his own use, in civil cases, such fees as are now or may hereafter be allowed by law. Supervisors. 14. Each member of the board of supervisors, six hundred dollars per annum, and twenty cents per mile mileage in traveling to and from his residence to the county seat; and for his services as road commis- sioner, he shall receive twenty cents per mile for all distances actually traveled by him in the performance of his duties within the county; provided, he shall not in any one year receive more than six hundred dollars as such road commissioner. § 4253 POLITICAL CODE. 728 « Constables. 15. Constables, the following monthly salaries to be paid each month as the salaries of county officers ara .paid, which shall be in full for all services rendered by them in criminal cases, except as in this subdivision provided: In townships where the population is two thousand or more, forty dollars per month; in townships where the population is one thou- sand and less than two thousand, thirty dollars per month; in town- ships where the population is less than one thousand, twenty dollars per month. In addition to the monthly salary allowed herein, each constable may receive and retain for his own use, such fees as are now or may hereafter be allowed by law, for all services performed by him in civil actions. The constable shall, also, in addition, receive three dollars per day for attending court when required to do so during the actual trial of the issues of fact of a case, or during the examination of a criminal charge before a magistrate, while the evidence is being taken, and not otherwise; provided, that no more than three dollars shall be charged or received for any one day; and provided, further, that when the constable is required to attend upon the trial of more than one civil case on the same day, his fees for attendance shall be equally apportioned to the several cases. Constables may also, by first obtaining an order of the district attorney of the county, or of a judge of the superior court of this state, employ a temporary guard for the safekeeping or protection of prisoners when necessary, and shall be entitled to collect the actual reasonable cost thereof as a county charge. Constables shall also be entitled to receive in addition to the fees and salary in this subdivision provided for, the moneys actually disbursed by them in conveying prisoners or insane persons to the county seat, and all expenses actually incurred in the pursuit within the county of insane persons or criminals charged with felonj- and the same shall be a county charge. The population of townships shall, for the purpose of subdivisions 13 and 15 of this section, be determined by multiplying the vote for gov- ernor cast in each township at the next preceding general state election by five. Jurors' fees. 16. In counties of this class, grand jurors and trial jurors in all the courts, including justices' courts, recorders' courts and coroners' in- quests, shall receive for each day's attendance per day, the sum of two dollars and for each mile actually and necessarily traveled from their residence to the place of service, in going only, the sum of twenty cents per mile, such mileage to be allowed but once during any one session of such court, grand jury or inquest; provided, that the fees of trial jurors in civil cases shall be p^id by the litigants as other costs are paid and jurors in criminal cases in recorders' courts shall be paid by the municipality in which such court is or mav be established. [Amendment approved February 2S, 1911; Stats. 1911J p. 188.J 729 POLITICAL CODE. § 4254 Counties, twenty-fifth class — Stanislaus. Salaries of officers. § 4254. In counties of the twenty-fifth class, the county office.? shall receive as compensation for the services required of them by lau. or by virtue of their offices, the following salaries, to wit: County clerk. 1. The county clerk, two thousand two hundred dollars per annum; provided, that in counties of this class there shall be one deputy, who shall be appointed by the county clerk, and paid a salary of one thou- sand three hundred and twenty dollars per annum, in equal monthly installments; and one deputy clerk at a salary of nine hundred dollars per annum, to be paid in equal monthly installments; and one deputy at one hundred dollars per month, for thirty days next preceding each new register of voters required to be issued. The salaries of said dep- uty clerks to be paid at the same time, and in the same manner, and out of the same fund as the salary of the county clerk. And the clerk also to receive ten cents a name for each person registered, which shall be allowed by the board of supervisors of the county. Said fee to take effect January 1, 1915. He shall also be allowed not to exceed ten dep- uties for the purpose of registering electors, who shall be paid not to exceed five cents for each elector registered. That any of such dep- uties as are required to work in the office shall receive not to exceed two dollars and fifty cents per day for the time so employed. Sheriff. 2. The sheriff, five thousand dollars per annum, and fees, commis- sions, and mileage for the service of papers or process coming from courts other than those of his own county. Eecorder. 3. The recorder, one thousand six hundred dollars per annum; pro- vided, that such recorder shall collect and pay into the county treas- ury, for the use and benefit of the county, the fees required by law to be collected; and provided, that when the amount of said fees col- lected shall exceed two hundred and fifty dollars in any month, the recorder may receive and retain for his own use, in addition to his salary, one-half of all fees in excess of two hundred and fifty dollars in anjr month so collected. Auditor, 4. The auditor, one thousand six hundred dollars per annum. Treasurer. 5. The treasurer, one thousand eight hundred dollars per annum, and the fees and commissions now or hereafter allowed by law. Tax collector. 6. The tax collector, one thousand two hundred dollars per annum, and the fees and commissions now or hereafter allowed by law; pro- § 4254 POLITICAL CODE. 730 vided, that in counties of this class there shall be one tax collector who shall be appointed by the principal, and paid a salarj* of one hundred dollars per month at the same time, in the same manner, and out of the same fund as the salary of the tax collector. Assessor. 7. The assessor, two thousand six hundred dollars per annum, and the fees and commissions now or hereafter allowed by law; provided, that in counties of this class there shall be allowed two deputies who shall be appointed by the assessor, one to receive a salary of one thousand three hundred and eighty dollars per annum and one to receive a salary of one thousand three hundred and twenty dollars per annum in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the assessor is paid. It shall be the duty of said deputies, among other things, to make and correct all necessary plats, maps, and block-books for the assessor's office; provided, also, that for each name upon the assessment-roll, representing one or more statements in excess of four thousand five hundred, the assessor shall receive fifty cents. District attorney. 8. The district attorney, two thousand two hundred dollars per annum. , Coroner. !). The coroner, such fees as are now or may hereafter be allowed by j law. Public administrator. i l(t. The public administrator, such foes as arc now or may hereafter I be allowed by law. Superintendent of schools. j 11. The superintendent of schools, two thousand dollars per annum. I He shall also be allowed his actual traveling expenses when visiting the I schools of the county, which expenses sliall not exceed the sum of five i hundred dollars in any one year. He shall receive nothing for his ser- I vices as a member oi the board of education. The superintendent of I schools shall be allowed one deputy, to be appointed by the principal, I which said deputy shall be allowed a salary of one thousand and twenty dollars per annum, to be paid at the same time, in the same manner, And out of the same fund as the salary of the superintendent of schools is paid. Surveyor. 12. The surveyor shall receive three thousand dollars per annum, and in addition thereto, all actual traveling and other necessary expenses, incurred in connection with field work. He shall have one deputy at a salary of fifteen hundred dollars per annum; said deputy to be ap- pointed' by the principal, and paid at the same time, and in the same 731 POLITICAL CODE. § 4254 manner as other county officers. It shall be the duty of the surveyor among other things, to make all necessary county aud road maps, and all necessary plans and specifications for bridge work and county buildings; provided, however, that when in the judgment of the board of super- visors of the county, it is necessary to employ additional assistance for the performance of said work, other than with regard to roads, the board of supervisors may allow the necessary actual expense thereof. Also to prepare all maps or plats necessary to accompany reports made by him on road work, and prepare and keep all the necessary and proper records in his office; provided, he shall receive nothing for preparing any map or plat necessary to accompany reports made by him on road work, nor for preparing and keeping the proper records in his office. He shall at all times be subject to the orders of the board of supervisors. The office of the county surveyor shall be kept open for the accommodation of the public, with the surveyor, a deputy, or a competent clerk in charge from 9 o'clock A. M. until 5 o'clock P. M., the same as other county offices. The county surveyor shall be allowed the services of a competent clerk, to be appointed by the principal, and receive a salary of sixty dollars per month, to be paid out of the same fund, at the same time and in the same manner as other county officers are paid. Such compensation and salaries as above set forth shall be in full for all services as such county surveyor, and all fees and compensation received or collected by him for services other than for the county, shall be paid into the county treasury. Townships, how classified. 13. For the purpose of regulating the compensation of justices of the peace and constables, townships of this class of counties are hereby classified according to their population, as shown by the total number of registered voters, in each township, at the next preceding general election, prior to the fixing of the classification, the said population to be determined by multiplying the said total number of registered voters by three; townships having a population of ten thousand and more shall belong to and be known as townships of the first class; townships hav- ing a population of seven thousand and less than ten thousand shall belong to and be known as townships of the second class; townships having a population of three thousand and less than seven thousand shall belong to and be known as townships of the second [third] class; townships having a population of one thousand and less than three thou- sand shall belong to and be known as townships of the fourth class; townships having a population of less than one thousand shall belong to and be known as townships of the fifth class; provided, that the board of supervisors of the county may, prior to any general election, consol- idate two or more of such townships into one. Justices of the peace. 13a. Justices of the peace shall receive the following monthly salaHes, to be paid each month as county officers are paid, which shall be in § 4254 POLITICAL CODE. / 732 full compensation for all services rendered by them in criminal cases, to wit: in townships of the first class, ninety dollars per month; in town- ships of the second class, seventy-five dollars per month; in townships of the third class, fifty dollars per month; in townships of the fourth class, thirty dollars per month; in townships of the fifth class, twenty dollars per month; in addition to the monthly salaries herein allowed, each justice of the peace may receive and retain for his own use, such fees as are now and may hereafter be allowed by law, for all services rendered by him in civil cases. Each ju.stice must pay into the county treasury once a month all fines collected by him. Justices of the peace of the first class are required to keep their offices open from 9 o'clock A. M. until 5 o'clock P. M. All justices shall be allowed not to exceed five dollars per month for office rent. These salaries shall also apply to incumbents. Constables. 14. Constables shall receive the following monthly salaries, to be paid each month as the county officers are paid, which shall be in full com- pensation for all services rendered by them in criminal cases, to wit: in tovvnshijis of the first class, ninety dollars; in townships of the second class, eighty dollars; in townships of the third class, eighty dollars; in townships of the fourth class, fifty dollars; in townships of the fifth class, thirty dollars. In addition to the monthly salaries herein allowed, each constable may receive ami retain for his own use, such fees as are now allowed or may hereafter be allowed by law, for all services ren- dered b}' him in civil actions, and shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to court or to prison, which expenses sliall bo audited and allowed by the board of supervisors, and paid out of the county treasury; provided, further, that when a constable is required to go out of liis own county to serve a warrant of arrest or any other papers in a criminal case, he shall be allowed mileage outside of his own county at the rate of twenty cents l)er mile, necessary travels, for one way only. These salaries shall also apply to incumbents. Supervisors. 15. Supervisors shall receive the sum of seven hundred and twenty dollars jier annum, each, and mileage at the rate of ten cents per mile for each mile traveled in coming to and from the meetings of the board; provided, that only one mileage at any one session of the board shall be allowed. They shall act as road commissioners in their respective districts, and shall therefor receive for their services as such road com- missioners, mileage at the rate of twenty cents per mile each, one way. for all distances actually traveled by them in the discharging of their duties as such road commissioners; provided, that said mileage as road commissioners shall not exceed the sum of three hundred dollars for any one of the commissioners. 733 POLITICAL CODE. § 4255 Fees, witnesses. 16. Witnesses in criminal cases and in cases of dependent and delin- quent persons shall receive two dollars per day, and ten cents per mile for each mile actually traveled one way only. The court shall make an order directing the auditor to draw his warrant on the county treas- ury for the amount due, and the treasurer shall pay the same. The court may disallow any fee to a witness unnecessarily subpoenaed. Fees, jurors. 17. Jurors in a county of this class, both grand and petty jurors in the superior court, shall each receive for each day's attendance, per day, the sum of three dollars, and for each mile actually and necessarily traveled from their residence to the county seat in going only, the sum of twenty cents per mile, such mileage to be allowed but once during each session, such jurors are required to attend. The court shall make an order directing the auditor to draw his warrant on the county treas- ury for the amount due, and the treasurer shall pay the same. [Amend- ment approved June 16, 1913; Stats. 1913, p. 1200.] Also amended February 28, 1911 (Stats. 1911, p. 191), and April 26, 1911 (Stats. 1911, p. 1123). Counties, twenty-sixth class — Napa. Salaries of officers. § -4255. In counties of the twenty-sixth class, the cou'nty and town- ship officers shall receive as compensation for the services required of them by law, or by virtue of their offices, the following salaries, to wit: County clerk. I. The county clerk, three thousand dollars per annum, and five hun- dred dollars additional per annum for compiling the great register of the county. In counties of this class the county clerk may appoint a deputy county clerk, which office of deputy county clerk is hereby created, and said deputy county clerk shall receive as compensation for all services performed as such, the sum of nine hundred dollars per annum, to be paid out of tue county treasury, in equal monthly install- ments, at the same time, in the same manner and out of the same fund as salaries of county officers are paid. The county clerk may appoint such number of deputies as may be necessary for the convenient regis- tration of electors in their respective precincts or townships, and each such registration deputy shall receive as compensation for all services performed as such the sum of ten cents per name for each elector registered b}' him, to be paid monthly, at the same time, in the same manner and out of the same fund as salaries of county officers are paid; provided, that each such registration deputy, when so appointed, shall, prior to the drawing of any warrant for such compensation, first file with the auditor a statement, verified by the oath of such registration deputy, and approved in writing by the couut.v clerk, showing the num- ber of electors so registered by him during the period covered by such statement. The county clerk shall also receive and retain for his own § 4255 POLITICAL CODE. 734 use such fees as are now or may hereafter be allowed by law for issu- ing hunting and fishing licenses, for the naturalization of persons desir- ing to become citizens, and such other fees of similar character as are now or may hereafter be allowed by law for the performance of any service rendered by the county clerk other than in his official character as county clerk. All other fees or commissions shall be collected by the county clerk and shall be bj' him paid into the county treasury, and no part thereof shall be retained by him as a part of his compensation; provided, that this subdivision of this section shall not go into effect or be in force until the expiration of the term of office of the incumbent. Sheriff. 2. The sheriff, four thousand five hundred dollars per annum. Tn counties of this class the sheriff may appoint an under-sheriff, which office of under-sheriff is hereby created, and sajd under-sheriff shall receive as compensation for all services performed as such the sum of one thousand five hundred dollars per annum, to be paid out of the county treasury, in equal monthly installments, at the same time, in the same manner and out of the same fund as salaries of county officers are paid. In counties of this class the sheriff shall be allowed such sum as the board of supervisors shall fix for the board of prisoners confined in the county .iail, and his actual necessary expenses for pur- suing, searching for and arresting criminals and persons charged with being insane, and for conveying prisoners and persons charged with being insane to court and to prison or other place of confinement or detention and to and from state prisons, state hospitals and other insti- tutions, and his actual necessary expenses for keeping, preserving and selling property seized, held or sold on attachment, execution or other process, and for the service and posting of all process papers and notices required by law to be served or posted by the sheriff. All such actual necessary expenses and said sura for the board of prisoners shall be a proper legal charge against the county and shall be allowed, audited and paid out of the county treasury in the same manner as other county charges are allowed, audited and paid. The sheriff shall collect from the state all per diem and expenses incurred in conveying prisoners and persons adjudged insane, to ar.r annum for each of said deputies, to be paid at the same time and in the same manner as county officers are paid. Time of taking effect. Sec. 2. As to subdivisions .^, 6. 7, 12, 13, 14, 15. 16, and 19 this act shall take effect immedisitely ; as to all other subdivisions thereof it shall not take effect until the expiration of the present terms of the officers hereinbefore enumerated. [Amendment approved April 29, 1911; Stats. 1911, p. 12.30.] There was another § 4257 adapted at the same session of the legislature. See Stats. 1911, p. 197. Counties, twenty-ninth class — SlskiyoiL Salaries of officers. § 4258. In counties of the twenty-ninth class, the county officers shall receive, as ooinponsation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, three thousand five hundred dollars per annum. 2. The sheriff, six thousand dollars per annum. 3. The recorder, thirty-five hundred dollars per annum. 4. The auditor, two thousand dollars per annum. 5. The treasurer, eighteen hundred dollars per annum. C. The tax collector, fifteen hundred dollars per annum. 7. The assessor, four thousand dollars per annum. 8. The district attorney, two thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 749 POLITICAL CODE. § 4258 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, two thousand dollars per annum, and his reasonable traveling expenses incurred in visiting schools of the county, to be fixed and allowed by the board of supervisors, not to ex- ceed tlie sum of five hundred dollars per annum; provided, he shall devote his entire time to the duties of said office. 12. The surveyor, such fees as are now or may be hereafter allowed by law; provided, he shall be given all work for the county in which the county employs a surveyor or civil engineer; and provided, further, that it shall be the duty of the board of supervisors of counties of this class to so employ him. 13. Justices of the peace in townships having a population of fifteen hundred, or more, shall receive a monthly salary of forty dollars per month; in townships having a population of one thousand or less than fifteen hundred shall receive a salary of thirty dollars per month, and in townships having a population of less than one thousand, shall receive a salary of ten dollars i)er month, and all justices shall make monthly reports and pay all fines to county every month. 14. Constables, in townships having a population of two thousand or more, shall receive a monthly salary of fifty dollars per month; in town- ships having a population of one thousand or less than two thousand, shall receive a salary of forty dollars per month and in townships having a population of less than one thousand shall receive a salary of twenty dollars per month. Constables shall also receive actual traveling expenses in transporting prisoners to the county jail. The salaries of township officers, herein provided for, shall be paid monthly, in the same manner as the salaries of the county officers are paid, and shall be in full com- pensation for all services rendered by them in criminal cases. In civil cases they may retain the fees that are now or may hereafter be allowed by law. 15. The meetings of the board of supervisors shall be monthly and be held on the first Monday of each and everj' month. Each member of the board of supervisors is to receive a salary of one thousand dollars per annum and mileage at the rate of twenty cents per mile from his home to and from county seat. 16. In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and when requested by the district attorney, for preliminary examinations in justice's court, a monthly salary of one hundred dollars payable out of the county treasury, at the same time and in the same manner as the salaries of county officers; and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for a transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury and in civil cases to be paid by the § 4259 POLITICAL CODE. 750 party ordering the same, or, when ordered by the judge, by either part}', or jointly by both parties, as the court may direct. 17. Grand jurors or trial jurors in criminal cases in the superior court shall receive, as compensation for each day's attendance, per day two dollars and fifty cents, and for each mile actually traveled in attending court as a grand juror or juror at a criminal ease, in the superior court in going onl}', per mile fifteen cents. The county clerk shall certify to the auditor the number of da^'s' attendance and the number of miles traveled by each juror, and the auditor shall draw his warrant for the amount to which each juror is entitled, and the treasurer shall pay the same. [Amendment approved April 6, 1911; Stats. 1911, p. 699.] There was another § 4258 adopted at the same session. See Stats. 1911, p. 201. Counties, thirtieth class — Ventura. Salaries of officers, § 4259. In counties of the thirtieth class the county officers shall receive as compensation for the services required of them by law or by virtue of their offices the following salaries, to wit: County clerk. 1. The county clerk, two thousand five hundred ($2,500) per annum; provided, that in counties of this class there shall be, and there hereby is, allowed to the county clerk the following deputies, who shall be aj'- pointed by the county clerk and who shall be paid salaries as follows: one chief deputy clerk, at a salary of one hundred dollars ($100) per month, one deputy clerk at a salary of fifty dollars ($50) per month. The sal- aries of the deputies hereinabove provided for shall be paid by the county in monthly installments, at the time and in the manner, and out of the same fund as the salaries of other county officers are paid. Sheriff, 2. The sheriff, four thousand dollars ($4,000) per annum; provided, that in counties of this class there shall be and there hereby is allowed to the sheriff the following deputies, who shall be appointed by the sheriff and shall be paid salaries as follows, to wit: one under-sheriff at a salary of one hundred fifty ($150) per month, one deputy sheriff at a salary of one hundred dollars ($100) per month, and one deputy sheriff at fifty dollars ($50) per month, who shall be head jailer at the county jail in said county; provided, that if the sheriff shall not be allowed the privilege of boarding the prisoners as heretofore provided, in this county, then the deputy who shall be head jailer shall receive the salary of seventy-five dollars ($75) per montli; said sheriff and his deputies shall be allowed their actual traveling expenses in the perform- ance of their duties, but no other fees or mileage of any nature or kind shall be allowed in civil or criminal matters, all fees of every nature and kind collected by the sheriff shall be turned in to the county treasurer. The salaries of the deputies hereinbefore provided shall be paid in monthly installments by said county, at the same time and man- 751 POLITICAL CODE. § 4259 ner and out of tlie same fund as tlie salaries of other county officers are paid. , • Kecorder. 3. The recorder, three thousand dollars ($3,000) per annum; provided, that in counties of this class, there shall be and there is hereby allowed to the recorder one copyist who shall be appointed by the recorder of said count}', who shall be paid a salary of fifty dollars ($50) per month, which salary shall be paid b}' said county in monthly installments, at the same time and in the same manner and out of the same fund as the salaries of other county officers are paid. Auditor. 4. The auditor eighteen hundred dollars ($1800) per annum. Tax collector. 5. The tax collector, twenty-one hundred dollars ($2100) per annum; provided, that in counties of this class, there shall be and there hereby is allowed to the tax collector a deputy to be appointed by the tax collector, who shall receive a salary of sixty-five dollars ($65) per month for four months in the j'ear, which salary shall be paid by said county in monthly installments, during said period of four months, at the same time and in the same manner and out of the same fund as the salaries of other county officers are paid. Assessor. 6. The assessor, three thousand six hundred dollars per annum; and said assessor may appoint one deputy assessor, who shall receive a salary of twelve hundred dollars per annum; also five deputy assessors, who shall serve as sueli only during the months of March, April, May and June of each year, who shall receive a salary of four dollars per day; said salary shall be paid b}- said county in monthly installments and at the same time and in the same manner and out of the same fund as the salaries of other county officers are paid; provided, however, that the above salaries and compensations shall be in full for all services rendered by him in his capacity as such assessor, and that no commis- sions now or hereafter allowed by law shall be retained by him, but that all such commissions shall be paid into the county treasury, and said assessor shall receive no compensation for the preparation of the military-roll of this county. Treasurer. 7. The county treasurer, twenty-one hundred dollars ($2100) per an- num; provided, that all commissions received by the treasurer on the collection of inheritance taxes shall be paid into the county treasury. District attorney. S. The district attorney, twerty-five hundred dollars ($2500) per an- num; provided, that in counties of this class there shall be and there § 4259 POLITICAL CODE. ' 752 hereby is allowed to the district attorney a deputy, who shall be appointed by the district attorney of said county, , and" whose salary is hereby fixed at the sum of seven hundred and' e'ighty dollars ($fSO) per annum, which shall be paid by said county in equal monthly in- stallments at the same time and in the same manner and out of the same fund as is the salary of the district attorney; provided, further, that nothing herein contained shall be construed to prevent the board of supervisors of said counties of this class from emjdoyiug special counsel when, in the judgment of said board, the interest of said counties requires it. Coroner. 9. The coroner, such fees as are now or may hereafter be allowed by law. Public administrator. 10. I'ublic administrator, such fees as are now or may hereafter be allowed by law. Superintendent of schools. 11. The .-ujicrintciideiit of schools, twenty-one hundred dollars ($2100) per annum. His office shall be kept open on all business davs from 9 A. M. to 12 M.. and from 1 P. M. to 4 P. M. He shall be allowed his actual traveling expenses, when visiting the schools of this county and such per diem as is now or may hereafter be allowed by law for services as a member of the county board of education; provided, that in counties of this class there shall be and there hereby is allowed to the superintendent of schools a deputy, to be appointed by the super- intendent of schools, who shall receive from the county a salary of sixty-five dollars per month, to be paid by the county in monthly in- stallments at the same time and in the same manner and out or the same funds as is the salary of the supy>rintendent of schools. Surveyor. 12. The county surveyor, twenty-five hundred dollars ($2500) per an- num; and in addition thereto all necessary expenses and transportation for work performed in the field, and all necessary expenses for searching' record and compiling assessor's maps; provideervisors shall not serve as road commissioners, the salary for supervisor shall be four hundred dollars per annum. 15. For attending as a grand juror, or a trial juror in criminal and civil cases in the superior court, for each day's attendance, three dol- lars; for each mile actually traveled one way as such grand juror, or trial juror, in the superior court, under summons or order of the court, twenty-five cents. The county clerk shall certify to the auditor the number of days' attendance, and the number of miles traveled Vjy each juror and the auditor shall then draw his warrant therefor and the treasurer shall pay the same. [Amendment approved April 27, 1911; Stats. 1911, p. 1178.] There was another amendment of this section at the same session of the legis- lature. See Stats. 1911, p. 224. Counties, forty-first class — Amador. Salaries of officers. § 4270. In counties of the forty-first class, the county officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit: County clerk. 1. The county clerk, one thousand five hundred dollars per annum, and one deputy clerk, w^hich office of deputy clerk is hereby expressly created. The office of deputy clerk shall be filled by the clerk by appointment, with the consent of the board of supervisors manifested by at least a four fifths vote thereof, and said deputy clerk is to be at all times as to his duties under the supervision and control of the clerk, and said deputy clerk shall receive a salary of nine hundred dollars per annum. Sheriff. 2. The sheriff, four thousand two hundred and fifty dollars per an- num; provided, the sheriff shall also receive for his own use and benefit his necessary expenses in all criminal cases, to be allowed as other county charges are allowed by law; and provided, further, that the sheriff shall also receive for his own use and benefit, the mileage, fees, and commissions for all services of all papers whatsoever issued by any court of the state outside of his county. Recorder. 3. The recorder, one thousand eight hundred dollars per annum. Auditor. 4. The auditor, one thousand dollars per annum. Treasurer. 5. The treasurer, one thousand eight hundred dollars per annum. § 4270 POLITICAL CODE. 782 Tax collector. 6. The tax collector, five hundred dollars per annum; provided, as license collector, he shall, in addition, be entitled to receive, and retain for his own use and benefit, ten per cent on all licenses collected by him. Assessor. 7. The assessor, one thousand eight hundred dollars per annum. The assessor s^all appoint a deputy or deputies when needed, at a per diem of five dollars, but the salaries of such deputy or deputies shall not exceed in the aggregate the sum of twelve hundred and fifty dollars. District attorney. 8. The er annum. District attorney. S. The district attornej', two thousand one hundred dollars per annum. Coroner. 9. The coroner, such fees as are now or may be hereafter allowed by law. Public administrator. 10. The luibiic administrator, such fees as are now or may be here- after allowed by law. Superintendent of schools. 11. The superintendent of schools, fifteen hundred dollars per annum. 799 POLITICAL CODE. § 4276 Surveyor. 12. The surveyor, such fees as are now or may be hereafter allowed by law. Justices of the peace. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month as salaries of county officers are paid, which shall be in full compensation for all services rendered, as hereinafter provided. In townships having a population of three thousand or more, fifty dollars per month, which said salary shall be in full compensation for all services rendered by said justices of the peace in both civil and criminal cases, and all such fees as are allowed by law in civil cases shall be paid by said justices of the peace into the county treasury, as the fees of county officers are paid in. In townships having a population under three thou- sand, twenty-five dollars per month, which shall be in full compensation for all services rendered in criminal cases. In addition to the above salary, each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may hereafter be allowed by law. In townships having a population of not less than one thousand and under two thousand, twenty dollars per month, which shall be in full compensation for all services rendered in criminal cases. In addition to the above salary, each justice of the peace shall collect and retain for his own use and benefit in civil cases, such fees as are now or may be hereafter allowed by law. In townships having a population of less than one thousand, fifteen dollars per month, which shall be in full com- pensation for all services rendered in criminal cases. In addition to the above salary each justice of the peace shall collect and retain for his own use and benefit in civil .cases, such fees as are [now] or may be hereafter allowed by law. Constable. 14. Constable, such fees as are now or may be hereafter allowed by law. Supervisors. 1.5. Each member of the board of supervisors, five hundred dollars; thirty cents per mile, one way. Reporter. 16. In counties of this class the ofiicial reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts, and coroners' inquests, a per diem of ten dollars, during employ- ment, and for transcription of said notes, when required, he shall receive the sum of ten cents per folio for the original and five cents per folio for a copy; said compensation for transcription and said per diem in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury; § 4277 POLITICAL CODE. 800 and in civil cases said per diem to be paid by the litigants as fhe court may direct and said compensation for transcription of said notes to be paid by the party ordering the same, or when ordered by the judge, by either party or jointly by both parties, as the court may direct. He shall also be allowed his actual traveling expenses when reporting out- side of the county seat. Population, determined by supervisors. 17. The board of supervisors shall determine the population of each township for the purpose of fixing the salary of the township ofBcers aforesaid. Fees, jurors. 18. Jurors' fees: For attending as a grand juror or juror in the superior court, for each day's attendance, per day, two dollars. For at- tending justice's court, in civil cases only, per day, two dollars. For each mile actually traveled in attending court as a juror, in going only, per mile, twenty cents. Fees, witness. 19. Witness fees: For each day's actual attendance, when legally re- quired to attend upon the superior court, per day, two dollars. For each day's actual attendance, when legally required to attend before a grand jury, per day, two dollars. For each day's attendance upon a justice's court, in civil cases only, when legally required to attend, per day, two dollars. For each mile actually traveled in attending court as a witness, in going only, per mile, twenty cents. Witnesses in civil cases may de- mand the payment of their mileage and fees for one day, in advance, and when so demanded shall not be compelled to attend until the same shall have been paid. [Amendment approved June 16, 1913; Stats. 1913, p. 1194.] Also amended February 28, 1911 (Stats. 1911. p. 237), and April 27, 1911 (Stats. 1911, p. 1171). Counties, forty-eighth class — Sutter. Salaries of officers. § 4277. In counties of the forty-eighth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following compensation and salaries, to wit: 1. The county clerk, two thousand dollars per annum. 2. The sheriff, thirty-five hundred dollars per annum, and actual travel- ing expenses incurred in the pursuit or arrest of criminals, either in or out of his county. 3. The recorder, one thousand five hundred dollars per annum; an.l the said recorder may appoint one deputy recorder, which said office of deputy recorder is hereby created. The salary of such deputy recorder is hereby fixed at one thousand dollars per annum, such salary to be paid at the same time and in the saihe manner as the salary of county officers is paid. 801 POLITICAL CODE. § 4277 4. The auditor, five hundred dollars per annum. 5. The treasurer, twelve hundred dollars per annum. 0. The tax collector, eight hundred dollars per annum, which shall be in full for all services as tax collector and license collector. 7. The assessor eighteen hundred dollars per annum. The said assessor may appoint one deputy assessor, which said office of deputy assessor is hereby created, who shall serve as such only during the months of March, April, May and June of each year. Said deputy assessor shall receive a salarj^ of one hundred dollars per month, pay- able during the period of such service, at the same time and in the same manner as the salary of the county officers is paid. 8. The district attorney, fifteen hundred dollars per annum. 9. The coroner, five Inindred dollars per annum, and his actual travel- ing and other expenses while performing the duties of his office. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, sixteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The survej-or, nine hundred dollars per annum, and in addition thereto, he shall receive his actual traveling and other necessary ex- penses incurred by him while engaged in work for the county. 13. Each supervisor, fifty dollars per month, payable at the same time and in the same manner as other county officers are paid, and his neces- sary and actual expenses when attending to the business of the county by order of the board, and mileage at the rate of twenty cents per mile for traveling from his residence to the county seat to attend the sessions of the board, and mileage at the rate of twenty cents per mile one way for all actual distances traveled by him in the performance of his duties as road commissioner. 14. In counties of this class the township officers shall receive the fol- lowing compensation: In townships having a population of twenty-five hundred or more, justices of the peace and constables shall each receive a salary of thirty dollars per month. In townships having a population of fifteen hundred and less than twenty-five hundred, the justices of the peace and constables shall each receive a salary of fifteen dollars per mouth. In townships having a population of less than fifteen hundred the justices of the peace and constables shall each receive a salary of ten dollars per month. The above-named salaries shall be in full compensation for all ser- vices of the said justices of the peace and constables in criminal cases; provided, that in addition to the salary herein allowed each constable shall be paid out of the treasury of the county for traveling expenses outside of his township for service of a warrant of arrest or any other paper in a criminal case such fees as are now or may be hereafter 51 § 4278 POLITICAL CODE. 802 allowed by law, and for transporting prisoners to the county jail the actual expenses for such transportation, and his actual and necessary expenses in keeping and caring for property seized by him under a writ of attachment or execution; and provided, further, that justices of the peace and constables may retain for their ovrn use, the fees which are now, or may be hereafter allowed to them respectively in civil cases. And provided, further, that for the purpose of this section, the population of the several townships shall be ascertained by multiplying the number of registered voters in each township at the last general election by five. [Amendment adopted April o, 1911; Stats. 1911, p. 6S.3.] There was another amendment of this section adopted at the same session of the legislature. See Stats. 1911, p. 239. Counties, forty-ninth class — Modoc. Salaries of officers. § 4278. In counties of the forty-ninth class, the county officers shall receive as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: County clerk. 1. The county clerk, eighteen hundred dollars per annum; provided, that in counties of this class the county clerk shall be allowed a copyist, who shall be appointed by the county clerk and paid the salary of seventy-five dollars per month; said salary to be paid at the same time, in the same manner and out of the same fund as the salary of the county clerk; and provided, further, that in counties of this class, during the years when the compilation of a great register is required by law, the county clerks of the county shall be allowed the sum of ten cents i>er name for each affidavit legally taken for registration; said sum to be allowed and paid to said county clerks by the board of supervisors as other county charges are allowed and paid. Sheriff, 2. The sheriff, twenty-five hundred dollars per annum. Recorder. 3. The recorder, one thousand dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the recorder a copyist who shall be appointed by the recorder, and paid the salary of seventy-five dollars per month; said salary to be paid by the said county in monthly installments, at the time and in the same manner and out of the same fund as the salary of the recorder is paid. Auditor. 4. The auditor, six hundred dollars per annum. Treasurer. 5. The treasurer, fifteen hundred dollars per annum. 803 POLITICAL CODE. § 4278 Tax collector. 6. The tax collector, twelve hundred dollars per annum, and ten per cent on all licenses collected by him as license collector; provided, that in counties of this class there shall be and is hereby allowed to the tax collector an assistant for the months of April, October and November, who shall be appointed by the tax collector and paid the salary of seventy-five dollars per month for said above-named months, said salary to be paid by the said county in monthly installments, at the time and in the same manner, and out of the same fund as the salary of the tax collector is paid. Assessor. 7. The assessor, one thousand five hundred dollars per annum; pro- vided, that in counties of this class theie shall be and is hereby allowed to tlie assessor one deputy, to be appointed by him, who shgil receive the salary of seventy-five dollars per month for not exceeding four months in any calendar year, said salary to be paid by said county in monthly installments, at the same time and in the same manner, and out of the same fund as the salary of the assessor is paid. District attorney. S. The district attorney, eighteen hundred dollars per annum. Coroner. 9. The coroner, such fees as are now or may hereafter be allowed by law. Public administrator. 10. The public administrator, such fees as are now or may hereafter be allowed by law. Superintendent of schools. 11. The superintendent of schools, fifteen hundred dollars per annum and actual traveling expenses when visiting the schools of his county, and the sum of five dollars per day for each day's services on the board of education; said sum, together with the traveling expenses, to be al- lowed and paid the same as other county charges are allowed and paid. Surveyor. 12. The surveyor, such fees as are now or may hereafter be allowed by law. Justices of the peace. 1.3. Justices of the peace in counties of this class shall receive the following monthly salaries to be paid each month in the same manner, at the same time and out of the same funds as the county officers are paid, which shall be in full for all services rendered by them; in town- ships having a population of more than one thousand, fifty dollars per month; in townships having a population of more than five hundred and § 4279 POLITICAL CODE. 804 less than one thousand, twenty-five dollars per month; in townships having a population of less than five hundred, ten dollars per month. The board of supervisors of such counties shall furnish and supply to the justices of the peace of the various townships in such counties the codes of the state and amendments thereto and all necessary stationery, legal blanks and forms for the proper conduct of business. Constables. 14. Constables, such fees as are now or may hereafter be allowed by law. Supervisors. Jo. Each member of the board of supervisors to receive a flat rate of eight hundred dollars per annum, in full for all services. Reporter. 16. In counties of this class, the official reporter of the superior court shall receive, as full compensation for taking notes in civil and crim- inal cases trieil in said courts, and for preliminary examinations" in justices' courts, and at coroners' inquests, a per diem of ten dollars, and for transcription of said notes when required during the progress of a trial, he shall receive the sum of twenty-five cents per folio for the original and five cents per folio for one copy; but if such transcription is not required until after the conclusion of the trial, then he shall re- ceive the sum of ten cents per folio for original, and five cents per folio for copies required; said compensation for transcription in crim- i-nal cases to be audited and allowed by the Vioard of supervisors as other claims against the county, and i>aid out of the county treasury; and in civil cases, to be paid by tlie party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. He shall also he allowecl his actual traveling expenses when reporting outside of the county seat. Fees, jurors. 17. For attending as a grand juror or as a trial juror in the superior court, in criminal cases, four dollars per day for each day's attendance. For each mile actually traveled in attendance upon the superior court, in going only, per mile, twenty-five cents; provided, that in counties of this class the grand jurors and trial jurors in criminal cases shall be paid warrants drawn by the countj' auditor, issued upon the order of the court, or judge thereof. [Amendnent approved June 16, 1913; Stats. 1913, p. 1216.] Also amended February 28, 1911 (Stats. 1911, p. 240), and April 6, 1911 (Stats. 1911, p. 696). Counties, fiftieth class — Lake. Salaries of officers. § 4279. In counties of the fiftieth class the county officers shall re- ceive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 805 POLITICAL CODE. § 4279 1. The county clerk, eighteen hundred dollars per annum. 2. The sheriff, twenty-four hundred dollars per annum, and the fees or commissions for the service of all papers issued by any court of the state outside of his county, and his actual and necessary traveling ex- penses while executing a warrant outside of his county issued by a magistrate or court within his county. 3. The recorder, eighteen hundred dollars per annum. 4. The auditor, one thousand dollars per annum. 0. The treasurer, one thousand dollars per annum. 6. The tax collector, one thousand dollars per annum, which shall be in full for all services as tax collector and license collector. 7. The assessor, fifteen hundred dollars per annum. 8. The district attorney, fifteen hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, one thousand dollars per annum, and actual and necessary traveling expenses when visiting schools of his county. He shall also be allowed five dollars per day for acting as secretary of the board of education for each day said board is in session. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 1-4. Constables, such fees as are now or may be hereafter allowed by the law. 15. Each member of the board of supervisors, five dollars a day when the board is in session, and ten cents a mile, in going only, for travel- ing from his residence to the county seat, and when serving as road commissioner three dollars per day, and actual and necessarj- expenses; provided, he shall not in any one year receive more than three hundred dollars as supervisor, exclusive of mileage, nor more than two hundred dollars as road commissioner, exclusive of traveling expenses. 16. Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance upon said board, and mileage at the rate of ten cents per mile, one way only, from his residence to the place of meeting of said board. The secretary of said board of education shall receive five dollars per day for his services or the actual time that the board may be in session. Said com- pensation of the members of said board and of said secretary shall be paid out of the same fund as the salary of the superintendent of schools. Claims for such services and mileage shall be presented to the board of supervisors and shall be allowed at the rate above named, and in the same manner as other claims against the county are allowed. The com- pensation of the members of the county board of education herein pro- §§4280,4281 POLITICAL CODE. 806 vided is not in addition to that provided in section 1770 of this code. [Amendment approved Februarj' 28, 1911; Stats. 1911, p. 241.] Counties, fifty-first class — Plumas. Salaries of oflB^cers. § 4280. In counties of the fifty-first class, the county officers shall receive as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand dollars per annum, except in the years when a general election is held, and in such years, he shall receive two thousand three hundred dollars per annum. 2. The sheriff, four thousand dollars per annum. 3. The recorder, one thousand eight hundred dollars per annum. 4. The auditor, four hundred dollars per annum. 5. The treasurer, one thousand six hundred dollars per annum. 6. The tax collector, seven hundred fifty dollars per annum. 7. The assessor, one thousand eight hundred dollars per annum. 8. The district attorne}^ one thousand five hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. The superintendent of schools, eight hundred dollars per annum, and actual traveling expenses when visiting the schools of the county. 12. The surveyor, such fees as are now or may hereafter be allowed by law. 13. Justices of the peace, such fees as are now or may hereafter be allowed by law. 14. Constables, such fees as are now or may her«?after be allowed by law. 15. Each supervisor, eight dollars per day while the board is in ses- sion, and mileage from residence to the county seat at each sitting of the board of twenty cents per mile; also twenty cents per mile for each mile actually and necessarily traveled in discharging the duties of road commissioner, but he shall not in any one year receive more than three hundred dollars for per diem as supervisor, and he shall not in any one year receive more than three hundred dollars as road com- missioner. 16. The license collector, ten per cent of all licenses collected bv him. [Amendment approved February 28, 1911; Stats. 1911, p. 243.] Counties, fifty-second class — Lassen. Salaries of officers. § 4281. In counties of the fifty-second class the county officers shall receive, as compensation for the services required of thsm by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, two thousand four hundred dollars per annum. 2. The sherifif, to receive a flat salary of four thousand five hundred dollars per year, said officer to pay all expenses in running said office and to receive no mileage or fees in criminal cases. 807 POLITICAL CODE. § 4281 3. The recorder, one thousand six hundred dollars per annum. 4. The auditor, five liundred dollars per annum. 5. The treasurer, one thousand six liundred dollars per annum. 6. The tax collector, five hundred dollars per annum, and ten per cent of all licenses collected by him as license collector. 7. The assessor, three thousand dollars per annum in full compensation for all services, save and except that he be allowed a deputy for four months beginning with March first and ending with June thirtieth, of each year, at a compensation of seventy-five dollars per month; the salary of said deputy to be paid by the county. 8. The district attorney, two thousand four hundred dollars per annum. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed bj' law. 11. The superintendent of schools, fifteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The sutveyor, such fees as are now or may hereafter be allowed by law. 13. Justices of the peace in counties of this class shall receive the following monthly salaries to be paid each month in the same manner, at the same time, and out of the same funds as the county officers are paid, which shall be in full for all services rendered by them. In town- ships having a population of more than one thousand, fifty dollars per month; in townships having a population of more than five hundred and less than one thousand, twenty-five dollars per month; in townships having a population of less than five hundred, ten dollars per month; provided, however, that the justice of the peace residing at the county seat shall in any event receive the amount of fifty dollars per month. The board of supervisors of such county shall furnish and supply to the justices of the peace of the various townships in such counties the codes of the state and amendments thereto and all necessary stationery, legal blanks and forms for the proper conduct of business. 14. Constables, such fees as are now or may hereafter be allowed by law. 15. Each member of the board of sapervisors, one thousand dollars per annum, and mileage from residence to county seat, at .each sitting of the board, at twenty-five cents per u'ile; which said salary and mile- age shall be in full for all services. 16. In counties of this class, the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal eases tried in said court, and for preliminary examinations in justices' courts and coroners' inquests, a per diem of ten dollars, and for transcription of said notes when required during the progress of a trial, he shall receive the sum of twentj'-five cents for the original and five cents per folio for one copy; but if such transcription is not §§ 4281a, 4282 political code. 808 required until after the conclusion of the trial, then he shall receive the sum of ten cents per folio for the original, and five cents per folio for copies required; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the count j', and paid out of the county treasury; and in civil cases to be paid by the party ordering the same, or when ordered by the judge, by either party, or jointly by both parties, as the court may direct. He shall also be allowed his actual traveling expenses when reporting outside the county seat. 17. Grand jurors, and jurors in the superior court in criminal eases, shall be paid three dollars per day for each day's attendance, and for each mile actually traveled in going only while acting as jurors, fifteen cents; and the judge of said court shall make an order directing the auditor to draw his warrant on the treasurer in favor of each such juror for said per diem and mileage, and the treasurer shall pav the same. [Amendment approved June 16, 1913; Stats. 1913, p. 1225.] ' Also amended February 28, 1911 (Stats. 1911, p. 243), and April 29, 1911 (Stats. 1911, p. 1243). Fees of jurors in counties of fifty-second class. § 4281a. [Repealed February 28, 1911; Stats. 1911, p. 2.53.] Counties, fifty-third class — Sierra. Salaries of officers. § 4282. In counties of the fifty-third class, the county officers shall receive, as compensation for the services required of them by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, one thousand three hundred dollars per annum; provided, that in years when a great register of voters is required by law to be made the county clerk shall receive in addition to his regular salary the sum of four hundred dollars for such services. 2. The sheriff, two thousand five hundred dollars per annum, and twenty-five cents mileage, in going only. 3. The recorder, four hundred dollars per annum; provided, that the recorder may retain to his own use all fees paid him for recording and indexing notices of location of mining claims and affidavits of annual expenditures upon mining claims. 4. The auditor, three hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, three hundred ami fifty dollars per annum. 7. The assessor, one thousand six hundred dollars per annum. 8. The district attorney, one thousand dollars per annum, and his necessary traveling expenses, to be allowed by the board of supervisors. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. 809 POLITICAL CODE. § 4283 11. The superintendent of schools, six hundred and twenty-five dol- lars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each supervisor, three hundred and fifty dollars per annum, and twenty cents per mile for traveling to and from his residence to the county seat at each session. When traveling by order of the board upon county business, each supervisor shall be allowed his actual itemized expenses. For all ser- vices as road commissioner, each supervisor shall receive three dollars per day. but he shall not in any one year receive more than five hun- dred dollars as supervisor. 16. The license collector, such compensation as the board of super- visors shall fix. 17. For attending as a grand juror, or a trial juror in criminal cases only, in the superior court, for each day's attendance, three dollars; for each mile actually traveled one way as such grand juror, or trial juror in criminal cases, in the superior court, under summons or order of the court, twenty-five cents. The county clerk shall certify to the auditor the number of days' attendance, and the number of niiles traveled by each juror and the auditor shall then draw his warrant therefor and the treasurer shall pay the same. [Amendment approved April 26 1911- Stats. 1911, p. 1116.] There was another amendment of this section adopted at the same session of the legislature. See Stats. 1911, p. 245. Counties, fifty-fourth class — Mariposa. Salaries of offtcers. § 4283. In counties of the fifty-fourth class the county officers shall receive as compensation for the services required of them by law, or by virtue of their otfices. the following salaries, to wit: 1. The county clerk, fifteen hundred dollars per annum, except in years where a general election is held and in such years he shall re- ceive eighteen hundred dollars per annum. 2. The sheriff, thirty-eight hundred dollars per annum. 3. The recorder, twelve hundred dollars per annum; provided, that such recorder shall collect and pay into the county treasury for the use and benefit of the county, the fees required by law to be so collected; and provided, that when the amount of said fees so collected shall ex- ceed one hundred dollars in any one month, the recorder may receive and retain for his own use, in addition to his salary, one-half of all fees in excess of one hundred dollars in any one month, so collected; and provided, that the recorder may retain for his own use all fees collected § 4284 POLITICAL CODE. 810 for filing and recording proofs of labor and notices of location of min- ing claims. 4. The auditor, six hundred dollars per annum. 5. The treasurer, twelve hundred dollars per annum. 6. The tax collector, one thousand dollars per annum, and ten per cent of all licenses collected by him. 7. The assessor, sixteen hundred dollars per annum. 8. The district attorney, one thousand four hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. Public administrator, such fees as are now or maj- be hereafter allowed by law. 11. Superintendent of schools, six hundred dollars per annum, and actual traveling expenses of visiting schools of the county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, one hundred and twenty dollars per annum, and such further compensation as may be provided by ordinance of the board of supervisors. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Supervisors, each the sum of six hundred dollars per annum, for all services performed by them as supervisors and members of the board of equalization. They shall act as road commissioners in their re- spective districts and shall receive for the services of such road com- missioner three dollars per day for each day's service as such road commis- sioner. Such compensation as road commissioner shall not exceed three hundred dollars per annum. 16. Grand jurors, and jurors of the superior court in criminal cases shall be paid three dollars per day for each day's attendance anil for each mile actually traveled in going only, while acting as such juror, fifteen cents j)er mile, and the judge of said court shall make an order directing the auditor to draw his warrant on tiie treasurer in favor of such juror for said per diem and mileage and the treasurer shall pay the same. [Amendment approved June 16, 1913; Stats. 1913, p, 1273.] Also amended February 28, 1911 (Stats. 1911, p. 246). Counties, fifty-fifth class — Trinity. Salaries of officers. § 4284. In counties of the fifty-fifth class the county officers shall re- ceive as compensation for the services required of them by law, or by virtue of their offices, the following salaries to wit: 1. The county clerk, two thousand dollars per annum. 2. The sheriff, three thousand dollars per annum. 3. The recorder, one thousand dollars per annum. 4. The auditor, one thousand dollars per annum. 5. The treasurer, fifteen hundred dollars per annum; provided, that all fees and commissions now allowed bv law or which mav hereafter 811 POLITICAL CODE. § 4285 be allowed by law to said treasurer by virtue of the said office shall be paid into the county treasury. 6. The tax collector, twelve hundred dollars per annum. 7. The assessor, three thousand dollars per annum; provided, that all commissions and fees now ajflowed by law or which may hereafter be allowed by law to the said assessor on the collection of personal prop- erty taxes and on the collection of poll taxes, road and hospital taxes, shall be paid into the county treasury. 8. The district attorney, fifteen hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, one thousand dollars per annum which said sum of one thousand dollars shall also be in full payment of the services of such superintendent of schools upon the board of education. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. The justice of the peace, such fees as are now or may be here- after allowed by law. 14. The constables such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, six hundred dollars per annum; mileage from residence to county seat at each sitting of the board, twenty cents per mile. 16. (Jurors.) The fees of grand jurors and trial jurors in the supe- rior courts of counties of this class, in civil and criminal cases, shall be three dollars, in lawful money of the United States, for each day's attendance, and mileage to be computed at the rate of twenty-five cents per mile for each mile necessarily traveled in attending court, in going only. In criminal cases such fees and mileage of said jurors in the superior court shall be paid by the treasurer of the county out of the general fund of said county upon warrants drawn by the county auditor upon the written order of the judge of the court in which said juror was in attendance, and the treasurer of said county shall pay said warrants. The board of supervisors of said county is hereby directed to make suitable appropriations for the payment of the fees herein provided for. [Amendment approved June 16, 1913; Stats. 1913, p. 1185.] Also amended February 28, 1911 (Stats. 1911, p. 247). Counties, fifty-sixth class — Del Norte. Salaries of officers. § 4285. In counties of the fifty-sixth class, the county officers shall receive as compensation for the services required of them by law and by virtue of their offices, the following salaries, to wit: § 4285 POLITICAL CODE, 812 1. The county clerk, nine hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the clerk a deputy to act as clerk of the board of supervisors, who shall be appointed by the county clerk and be paid a salary of fifty dollars per month; said salary to be paid by said county in monthly install- ments at the time and in the manner and out of the same fund as the salary of the county clerk is paid. In counties of this class the county clerk is hereby allowed in addition to his salary, each year when a new registration is required, the sum of ten cents for each elector regis- tered, which amount shall be allowed by the board of supervisors at the close of registration preceding a general election, and be paid from ihe general fund of the county. 2. The sheriff, eighteen hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed a jailer who shall be appointed by the sheriff and be paid a salary of twenty-five dollars per month; and said salary to be paid by said county monthly and at the time and in the manner and out of the same fund as the salary of the sheriff is paid. 3. The recorder, six hundred dollars per annum; provided, that in counties of this class there shall be and is hereb}- allowed to the re- corder a copyist, which office of copyist to the recorder is hereby created and which cop3nst shall be appointed by the recorder and be paid the salary of fifty dollars per month; said salary to be paid by said county in monthly installments at the time and in the manner and out of the same fund as the salary of recorder is paid. 4. The auditor, seven hundred and twenty dollars per annum. 5. The treasurer, twelve hundred dollars per annum. 6. The tax collector, twelve hundred dollars per annum. 7. The assessor, nine hundred dollars per annum. 8. The district attorney, twelve hundred dollars per annum and such fees as are now or may hereafter be paid to that officer. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. 11. The superintendent of schools, seven hundred and twenty dollars per annum. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 1-1. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, four hundred and twenty dollars per annum and twenty cents per mile in traveling from his residence to the county seat, going only; provided, that only one mileage shall be allowed for any regular session of the board. 818 POLITICAL CODE. § 4286 If). In counties of this class the official reporter of the superior court shall receive as full compensation for taking notes in civil and criminal eases tried in said court and for preliminary examinations in justices' courts and the coroner's inquests, a monthly salary not to exceed fifty dollars, jiayable out of the county treasury at the same time and in the same manner as the salaries of county officers; and for transcrip- tion of said notes w'hen required, he shall receive the sum of ten cents per folio for the original and five cents per folio for the copy; said compensation for transcription in criminal eases to be audited and allowed by the board of supervisors as other claims against the county and paid out of the county treasury, and in civil eases to be paid by the party ordering the same or when onlered by the judge, by either party or jointly by both parties as the court may direct. 17. The fees" of grand jurors and trial jurors in the superior courts of said counties of this class in civil and criminal cases, shall be three dollars in lawful money of the United States for each day's attendance and mileage to be computed at the rate of fifteen cents per mile for each mile necessarily traveled in attending court, in going only. In criminal cases such fees and mileage of said trial jurors in the superior court shall be paid by the treasurer of the county out of the general fund of said county upon warrants drawn by the county auditor upon the written orderof the judge of the court" in which said juror was in at- tendance and the treasurer of said county shall pay said warrants. The board of supervisors of said county is hereby directed to make suitable appropriations for the pavment " of the fees herein provided for. [Amendment approved June'^ 16, 1913; Stats. 1913, p. 1234.] Also amended February 28, 1911 (Stats. 1911, p. 248). Counties, fifty-seventh class — Mono. Salaries of officers. § 4286. In counties of the fifty-seventh class the county and town- ship officers shall respectively receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries and compensation, to wit: 1. The county clerk, twelve hundred dollars per annum. 2. The sheriff, twenty-six hundred dollars per annum. 3. The recorder, six hundred dollars p'er annum. In counties of this class the recorder may appoint a copyist for service in his office, whien office of copyist for the county recorder is hereby created, and said copyist shall receive as compensation for his services fifty per cent of the amount collected in said office during his period of service for filing and recording mining locations and affidavits of assessment work. 4. The auditor, two hundred dollars per annum. 5. The treasurer, one thousand dollars per annum. 6. The tax collector, five hundred dollars per annum. 7. The assessor, twelve hundred dollars per annum. 8. The district attorney, twelve hundred dollars per annum. § 4287 POLITICAL CODE. 814 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or maj- be here- after allowed by law. IL The superintendent of schools, four hundred dollars per annum. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law. 15. Each member of the board of supervisors, six dollars per day during session, and thirty cents per mile one way to board meeting; three dollars per day (no mileage) as road commissioner when actually engaged in road business. 16. In counties of this class, the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, and for preliminary examinations in justices' courts, a per diem of eight dollars; and for transcription of said notes, when required during the progress of the trial, he shall receive the sum of twenty cents per folio for the original and five cents per folio for one copy; but if such transcription is not required until after con- clusion of trial, then he shall receive the sum of ten cents per folio for original, and three cents per folio for copies required; said compensation for transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county, and paid out of the county treasury, and in civil cases, to be paid by the party order- ing the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct. 17. .Jurors' fees in criminal cases shall be as follows: For attending as a grand juror or a trial juror in the superior court,, in criminal cases only, for each day's attendance, per day, three dollars; for each mile actually traveled in attending court as such juror under summons or under order of court, in criminal cases, in going only, per mile, thirty cents, and the county clerk shall certify to the auditor the number of days' attendance and number of miles traveled by each juror, and the auditor shall draw his warrant therefor and the treasurer shall pay the same. [Amendment approved Februar}^ 2S, 1911; Stats. 1911, p. 2oU.] Counties, fifty-eighth class — Alpine. Salaries of ofScers. § 4287. In counties of the fifty-eighth class county officers shall re- ceive as compensation for services required of them by law, or by vir- tue of their office the following salaries and compensation, to wit: 1. The county clerk, five hundred dollars per annum. 2. The sheriff, seven hundred dollars per annum. 3. The recorder, five hundred dollars per annum. 815 POLITICAL CODE. § 4290 4. The auditor, two hiuidied dollars per aiinnrn. o. The treasurer, six hundred dollars jier amutm. 6. The tax collector, three hundred dollars ytor annum. 7. The assessor, six hundred dollars per annum. 8. The district attorney, one thousand dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be here- after allowed by law. n. The superintendent of schools, two hundred dollars per annum. 12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. Justices of the peace, such fees as are now or may be hereafter allowed by law. 14. Constables, such fees as are now or may l^e hereafter allowed by law. 15. Each supervisor, five dollars per day when the board is in session, and twenty cents per mile for traveling from his residence to the county seat, going only and only one mileage shall be allowed for any regular session of the board; and when serving as road commissioner, three dollars per day. Such per diem not to exceed the total sum of fifty dollars per annum; provided, however, that five per cent only shall be allowed the sheriff or tax collector as fees for collecting licenses in counties of this class. [Amendment approved June 16, 1913; Stats. 1913, p. 1277.] Also amended February 28, 1911 (Stats. 1911, p. 251). Fees and salaries of county officers. § 4290. The salaries and fees provided in this title shall be in full compensation for all services of every kind and description rendered by the officers named in this title either as officers or exofficio officers, their deputies and assistants, unless in this title otherw'ise provided, and all deputies employed shall be paid by their principals out of the salaries provided in this title, unless in this title otherwise provided; provided, and except that the assessor shall be entitled to receive and retain for his own use, unless in this title otherwise provided, six per cent on personal property tax collected by him, as authorized by section 3820, and fifteen per cent of all amounts collected by him for poll taxes, and road poll taxes, and also five dollars per hundred names of persons returned by him as subject to military duty, as provided in section 1901, and Bhall also be allowed by the county his actual exj)ense when sum- moned before the state board of equalization in pursuance of an act entitled "An act to carry into effect the provisions of section 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 taxation of public service and other corporations for the benefit of the state, all relating §4290 POLITICAL CODE. 616 to revenue and taxation," and the license collector shall be entitled to receive and retain for his own use ten per cent on all licenses collecteil by him, except where otherwise provided in this title; provided, however, that in counties and cities and counties of the first, second and third classes, the assessor shall receive no commission for the collection of taxes on personal property, nor shall such assessor receive any compen- sation or commission for the collection of poll taxes or road poll taxes, nor shall such assessor receive any compensation for making out military- roll of persons returned by him as subject to military duty as provided by section 1901; nor shall the license collector in counties and cities and counties of the first and second classes receive any commission for licenses collected by him; provided, further, that the treasurer shall receive and retain for his own use the commissions on all inheritance and transfer taxes collected by him, and provided, further, that when- ever the treasurer of any county shall employ a special attorney for the collection of such taxes, said attorney shall be paid out of the commis- sions and fees allowed by law for the collection of such taxes; provided, that in any county where the number of .i^'^KPS of the superior court shall have been increased since the first day of January, 1911, or shall hereafter be increased, there must be and there hereby is allowed to the sheriff of such county, by reason of such increase, one additional deputy, to be appointed by the sheriff, at a salary not exceeding twelve hundred dollars per annum, to be paid at the same time and in the same manner as other county officers are paid, and also there must be and is hereby allowed to the county clerk of such county, one additional deputy to act as courtroom clerk, for each judge so ap- pointed or elected, at a salary not exceeding twelve hundred dollars per annum for each of said deputies, to be paid at the same time and in the same manner county officers are paid. The board of supervisors shall allow to the sheriff his necessary expenses for pursuing criminals, or transacting any criminal business, and for boarding prisoners in the county jail; provided, that the board of supervisors shall fix a reason- able price at which such prisoners shall be boarded, if not otherwise provided for in this title; provided, further, that the sheriff shall be entitled to receive and retain for his own use, five dollars per diem for conveying prisoners to and from the state prisons, and for conveying persons to and from the insane asylums, or other state institutions, not otherwise provided for by law; also, all expenses necessarily incurred in conveying insane persons to and from the insane asylums, and in conveA'ing persons to and from the state prisons, or other state institu- tions, which per diem and expenses shall be allowed by the board of examiners and collected from the state. The court shall also allow the sheriff his necessary expenses in keeping and preserving property seized on attachment or executions, to be paid out of the fees collected in the iiction. The sheriff may retain for his own use the mileage for service of papers or process issued by any court of the state; provided, further, that the county treasurers of the several counties of this state, where 817 POLITICAL CODE. §H292-4300a their necessary expense incurred in the making of the state settlements jtrovided for by section 3866 shall exceed the maximum amount of mile- age allowed them by section 3876 shall be allowed out of the county treasury of their res])ective counties, the amount of such excess, which sh.ill be paid as other demands against the county are paid; provided, further, that in case county or city and county officers perform munici- pal duties imposed by a charter framed under the provisions of sections S and 8^,^ of article 11 of the constitution the compensation of such officers and the expense of such officers may be apportioned by the board of supervisors in proportion to the duties rendered as county officers under general laws and rendered as municipal officers under charter pro- visions, and the compensation determined to be for the performance of municipal duties shall be paid from funds raised for municipal purposes and the compensation determined to be for county duties shall be paid from funds provided bv sections 3714 and 4305 of this code. [Amend- ment approved April 1&, 1911; Stats. 1911, p. 943.] There was another § 4290 adopted at the same session of the legislature. See Stats. 1911, p. 251. Citations. App: 10/138; 12/546; 18/462; 19/776. 777. § 4292. Citations. App. 18/462, County clerk's fees. § 4300a. The county clerk, in addition to the charges provided for in section 4190 of this code on the commencement of any action or pro- ceeding in the superior court, except probate proceedings, or on an ap- peal thereto, to be paid by the party commencing such action or pro- ceeding, or taking such appeal, five dollars. On the filing of a petition for letters of administration, testamentary, or guardianship, five dollars, to be paid by the petitioner; provided, that wnen the public administrator, in his official capacity is the petitioner, he shall be required to pay said fee only out of the assets of the estate coming into his possession. On filing the petition to contest any will or codicil, three dollars. On the appearance of any defendant, or anj' number of defendants answering jointly, to be paid upon filing the first paper in the action by him or them, two dollars. On placing any action, except a probate proceeding or default ease, on the calendar for trial or hearing, to be paid by the party at whose request such action or proceeding is so placed, two dollars. For every additional defendant appearing separately, one dollar. The foregoing fees shall be paid in full for all services rendered by such clerk in the cause, to and including the making up of the judgment- roll. On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same sha^ll pay to the 52 §43O0b POLITICAL CODE. 818 clerk, in full for all services to be rendered in connection with said motion, except as hereinafter in this section provided, two dollars. For issuing an execution or order of sale in any action, one dollar. In all proceedings begun or acts performed prior to this section becom- ing a law, such fees and charges as were provided bj- law at the time such proceedings were begun or acts performed. The clerk shall also charge and collect the following fees and com- pensation not above provided for: For any copy of any record, proceeding, or paper on file in the cffiee of the clerk relating to any civil action pending in said court, when such copy is made by him, per folio, ten cents. For each certificate of the clerk, under the seal of the court, twenty- five cents. No fees shall be allowed or charged by the clerk for services rendered in any criminal case. For services rendered by the clerk, not in connection with civil actions or proceedings in court, he shall charge and collect, for the benefit of the county, the following fees: For issuing marriage license, one-half to be paid to the county re- corder, two dollars. For filing and indexing articles of incorporation, one dollar. For filing and indexing certificates of cojiartnership, one dollar. For filing and indexing all papers to be kept by liim, other than papers filed in actions or proceedings in court, and official bonds and certificates of appointment, each twenty-five cents. For issuing any license required by law, other than marriage license, one dollar. For examining and certifj'ing to a copy of any paper, record or pro- ceeding prepared by another, and presented for his certificate, fifty cents, and one cent per folio for comparing the said copy with the original. For making satisfaction of or credit on judgment, twenty-five cents. For receiving and filing remittitur from supreme court, fifty cents. For administering each oath, without certificate, except in pending action or proceeding, ten cents. For taking any affidavit, except in criminal eases, twenty-five cents. For taking and approving each undertaking, and the justification thereof, except in criminal cases, fifty cents. For searching records or files, for each year, fifty cents. For taking acknowledgment of any deed or other instrument, includ- ing the certificate, fifty cents. For filing notices of appeal and appeal bonds, each, twenty-five cents. [Amendment approved March 23, 1911; Stats. 1911, p. 444.] § 4300b. Citations. App. 18/387. 819 POLITICAL CODE. §§ 4300c-4300e Fees of recorders. § 4300c. For refording everj' instrnment, paper, or notice recjuired by law to be recorded, per folio, ten cents. For indexing every instru- ment, paper, or notice, for each name ten cents. For filing every in- strument for record, and making the necessary entries thereon, twenty cents. For each certificate under seal, twenty-fiv^e cents. For ever}' entry of discharge, credit, or release on the margin of record, and in- dexing same, twenty-five cents. For searching the records of his office, for each year, fifty cents. For abstract of title, for each conveyance or encumbrance, twenty-five cents. For recording each map or plat where the same is copied in a book of record, for each course, ten cents. For recording each map or plat where the same is not copied in a book of record five dollars. For filing building contracts, plans and specifi- cations, one dollar. For figures or letters on maps or plats, per folio, ten cents; provided, that the fees for recording any map shall not ex- ceed fifty dollars. For taking acknowledgment of any instrument, fifty cents. For recording marriage license, and certificate, to be paid hj, the county clerk, one dollar. For recording transcript and all services in estray cases, one dollar. For recording each mark or brand.- fifty cents. For administering each oath or affirmation, and certifying the same, twenty-five cents. For filing, indexing, and keeping each paper not required by law to be recorded twenty-five cents. The clerk, sheriff and recorder shall account for all fees in this and the two preceding sections provided for, and the clerk, sheriff, and recorder, unless other- wise provided by law, shall pay the «ame to the treasurer on the first Monday of the month following their collection, as provided in this article 59 of this chapter. [Amendment approved June 10, 1913; Stats. 1913, p. 678.] Fees of justices of the peace. § 4300e. Justices of the peace, except as in this title otherwise pro- vided: For all services to be performed by him before trial, in a civil action, two dollars; and for the trial of either a question of law or fact, and all proceedings subsequent thereto, including all affidavits, swearing witnesses and jury, and the entry of judgment and issuance of execution thereon, three dollars, to be paid when such trial is cal- endared for hearing; and for the rendition and entry of judgment by default or confession, and services subsequent thereto, including execu- tion and satisfaction of judgment, two dollars. For all services in a criminal action or proceeding, whether on examination or trial, three dollars. For taking bail after commitment by another magistrate, fifty cents. For certificate and transmitting transcript and papers on ap- peal, one dollar. For copies of papers on docket, per folio, ten cents. For issuing a search-warrant, to be paid by the party demanding the same, fifty cents. For taking an acknowledgment of any instrument, for the first name, fifty cents; for each additional name, twenty-five cents. For taking deposition, per folio, fifteen cents. For administer- §§4300g-4316 POLITICAL CODE. 820 ing an oath, and certifying the same, twenty-five cents. For issuing a commission to take testimony, fifty cents. For all services connected with the posting of estrays, one dollar. Tn cases before a justice of the peace, when the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, including the making up and transmission of trans^-ript and papers, shall receive one dollar; and the justice before whom the trial shall take place shall receive the same fees as if the action had lieen commenced before him. For re- ceiving and filing an abstract of judgment rendered by a justice or judge of another jurisdiction, and for subsequent services based thereon, two dollars. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in all cases. For issuing each process, writ, order or paper required by law to be issued not otherwise in this article provided for, twenty-five cents. For administering oath or aflfirmation not otherwise in this article pro- vided for, ten cents. For each certificate or affidavit not otherwise in this article provided for, twenty-five cents. For taking and aiiproviug bond or undertaking, including the justification of sureties, fifty cents. [Amendment approved June 16, 1913; Stats. 1913, p. 1442.] § 4300g. Citations. App. 15/355, 356. County salary fund. § 4305. For the purpose of paying the salaries provided for in this title all fees directed to be paid into the county treasury shall be set apart therein as a separate fund, to be known as the salary fund, to be applied to the payment of said salaries. Should, in the opinion of the auditor, the fees to be collected be not sufficient to pay such sal- aries, it shall become the duty of the board of supervisors at the time the tax levy is made to estimate such deficiency and raise it by direct taxation the same as other funds. [Amendment approved May 1, 1911; Stats. 1911, p. 1397.] § 4307. Citations. Cal. 157/40, 41. § 4315. Citations. App. 8/752. i Sheriffs, etc., may not practice law. § 4316. Sheriffs, clerks and constables, and their deputies, are pro- hibited from practicing law, or acting as attorneys or counselors at law, or as collectors or for any collection agency, in the counties where they reside and hold office, or from having as a partner a lawyer, or anyone who acts as such, and no county officer, or his deputy, except district attorneys and treasurers, shall be eligible to the office of notary public. 821 POLITICAL CODE. §§ 4317-4480 or i")erform the duties of the same. [Amendment approved April 24, 1911; Stats. 1911, p. 1093.] § 4317. Citations. App. 16/745. § 4325. Citations. Cal. 155/753, 754. § 4336. Citations. App. 8/694. § 4354. Citations. Cal. 160/114, 115, 118. § 4386. Citations. Cal. 161/203. ^ § 4408. Citations. Cal. 160/118, § 4426. Citations. App. 11/360, 361, 363; 12/487, 488, § 4456. Citations. Cal. 160/114, 115, 118. § 4458. Citations. App. 12/755; 15/43. § 4459. Citations. Cal. 160/43. § 4460. Citations. App. 12/405, 406, 755; 15/43, 44. § 4461. Citations. App. 12/406. § 4462. Citations. App. 12/404, 406, 755; 15/43. § 4468. Citations. Cal. 155/733; 156/34, 508; 160/382. App. 9/548; 18/11. § 4478. Citations. Cal. 163/545. § 4480. Citations. Cal. 159/745; .161/275, 276; 162/93. §§ 4481-4484 political code. 822 § 4481. Citations. App. 9/169; 17/663; 19/657. § 4482. Citations. App. 9/169. § 4483. Citations. App. 9/169. § 4484. Citations. Cal. 157/477. App. 8/15. GENEEAL LAWS OP THE STATE OF CALIFORNIA. STATUTES OF 1911 AND 1913. TITLE 3. ACCOUNTANTS. ' ACT 11. An act to create a state board of accountancy and prescribe its duties and powers; to provide for the examination of and issuance of cer- tificates to qualified applicants, with the designation of certified public accountant; and to provide the grade of penalty for viola- tions of the provisions hereof. [Approved March 23, 1901. Stats. 1901, p. 645.] Amended 1913, p. 949. The amendment of 191.3 follows: Certified accountants from other states permitted to practice. § 3a. Any citizen of the United States, or any person who has de- clared his intention of becoming such citizen, being over the age of twenty-one years and of good moral character, who has complied with the rules and regulations of the board appertaining to such cases, and who holds a valid and unrevoked certificate as a certified public account- ant, or the equivalent thereof, issued by or under the authority of any other state of the United States, or the District of Columbia, or any territory of the United States, or by or under the authority of a foreign nation, when the board shall be satisfied that their standards and re- quirements for a certificate as a certified public accountant are substan- tially equivalent to those established by the act of which this act is an amendment, may at the discretion of the board receive a certificate as a certified public accountant, and such person may thereafter prac- tice as a certified public accountant and assume and use the name, title, and style of "certified public accountant" or any abbreviation or abbre- viations thereof, in the state of California; provided, however, that such other state, territory, or nation, extends similar privileges to certified public accountants of the state of California. [New section approved June 16, 1913; Stats. 1913, p. 949.] (823) Act 29, §§ 20, 22 general laws. 824 TITLE 6. ADULTERATION. ACT 29. An act to prevent the manufacture, sale or transportation of adulter- ated, mislabeled or misbranded foods and liquors and regulating the traffic therein, providing penalties, establishing a state laboratory for foods, liquors and drugs and making an appropriation therefor. [Approved March 11. 1907. Stats. 1907, p. 208.] Amended 1909, p. 51; 1909, p. 353; 1911, p. 1114. The amendments of 1911 follow: Misdemeanor to violate act. Adulterated food to be destroyed. § 20. Any person, firm, company or cor|joration violating any of the provisions of this act shall be guilty of a misdemeanor, and upon convic- tion shall be punished by a fine of not less than five dollars, nor more than five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled or misbranded within the mean- ing of this act may, by order of any court or judge, be seized and de- stroyed. [Amendment approved April 26, 1911; Stats. 1911, p. 1114.] Dealer not to be prosecuted when he holds wholesaler's guaranty. § 22. Xo dealer shall be prosecuted unect to property in this state, providing for escheats in certain cases, pre- 849 . ALIENS. Act 128, §§1-5 scribing the properliire therein, and repealing all acts or parts of acts inconsistent or in conflict herewith. [Approved May 19, 1013. Stats. 1913, p. 206.] Ownership of land by aliens. § 1. All aliens eligible to citizenship under the laws of the United States may acquire, possess, enjoy, transmit and inherit real property, or any interest therein, in this state, in the same manner and to tlie same extent as citizens of the United States, except as otherwise provided by the laws of this state. Right to acquire and lease lands. § 2. All aliens other than those mentioned in section 1 of this act may acquire, possess, enjoy and transfer real property, or any interest therein, in this state, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the govern- ment of the United States and the nation or country of which such alien is a citizen or subject, an^ not otherwise, and- may in addition thereto lease lands in this state for agricultural purposes for a term not ex- ceeding three years. Corporations, majority of members aliens, may acquire and lease lands. § 3. Any company, association or corporation organized under the laws of this or any other state or nation, of which a majority of the mem- bers are aliens other than those specified in section 1 of this act, or in which a majority of the issued capital stock is owned by such aliens, may acquire, possess, enjoy and convey real property, or any interest therein, in this state, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the govern- ment of the United States and the nation or country of which such members or stockholders are citizens or subjects, and not otherwise, and may in addition thereto lease lands in this state for agricultural purposes for a term not exceeding three years. Probate court may order lands sold. § i. Whenever it appears to the court in any probate proceeding that by reason of the provisions of this act any heir or devisee cannot take real property in this state which, but for said provisions, said heir or devisee would take as such, the court, instead of ordering a dis- tribution of such real property to such heir or devisee, shall order a sale of said real property to be made in the manner provided by law for probate sales of real property, and the proceeds of such sale shall be distributed to such heir or devisee in lieu of such real property. Lands illegally acquired to escheat to state. § 5. Any real property hereafter acquired in fee in violation of the provisions of this act by any alien mentioned in section 2 of this act, or by any company, association or corporation, mentioned in section 3 of 54 Act 193 GENERAL LAWS. 850 this act, shall escheat to, and become and remain the property of the state of California. The attorney general shall institute proceedings to have the escheat of such real property adjudged and enforced in the manner provided by section 474 of the Political Code and title ?, part 3 of the Code of Civil Procedure. Upon the entry of final .iudg- ment in such proceedings, the title to such real property shall pass to the state of California. The provisions of this section and of sections 2 and 3 of this act shall not apply to any real property hereafter acquired in the enforcement or in satisfaction of any lien now existing upon, or interest in such property, so long as such real property so acquired shall remain the property of the alien company, association or corporation acquiring the same in such manner. Leasehold illegally acquired to escheat to state. § 6. Any leasehold or other interest in real property less than the fee, hereafter acquired in violation of the provisions of this act by any alien mentioned in section 2 of this act, or by any company, association or corporation mentioned in section 3 of thij act, shall escheat to the state of California. The attorney general shall institute proceedings to have such escheat adjudged and enforced as provided in section 5 of this act. In such proceedings the court shall determine and adjudge the value of such leasehold, or other interest in such real property, and enter judgment for the state for the amount thereof together with costs. Thereupon the court shall order a sale of the real property cov- ered by such leasehold, or other interest, in the manner provided by section 1271 of the Code of Civil Procedure. Out of the proceeds aris- ing from such sale, the amount of the judgment rendered for the state shall be paid into the state treasury and the balance shall be deposited with and distributed by the court in accordance with the interest of the parties therein. Act not limit on power of state. § 7. Nothing in this act shall be construed as a limitation upon the power of the state to enact laws with respect to the acquisition, hold- ing or disposal by aliens of real property in this state. § 8. All acts and parts of acts inconsistent, or in conflict with the provisions of this act, are hereby repealed. TITLE 22. ANIMALS. ACT 193. An act to prevent the importation of neat cattle for dairy or breeding purposes affected with tuberculosis into the state of California. [Approved March 7, 1911. Stats. 1911, p. 292.] Repealed June 4, 1913 (Stats. 1913, p. 380). See Act 196, post. 851 ANIMALS. Aets 194. 195 ACT 194. An act to prevent the importation of horses, mules and asses affected with glanders into the state of California. [Approved March 7, 1911. Stats. 1911, p. 293.] Repealed June 4, 1913 (Stats. 1913, p. 380). See Act 196, post. ACT 195. An act to provide for the preparation and distribution of serums or vaccines for the prevention of the disease known as cholera in hogs in the state of California, making an appropriation therefor and pre- scribing the duties of the controller and treasurer in relation thereto. [Approved April 21, 1911. Stats. 1911, p. 1064.] University to prepare hog cholera seriims. § 1. The regents of the University of California are hereby directed to cause to be prosecuted with all possible diligence, through the agri- cultural experiment station, the preparation of serums or vaccines that will produce immunity in hogs against the disease known as cholera. Serums to be furnished free. § 2. The regents of the University of California are hereby further authorized and directed to furnish such serums or vaccines, in quantities not exceeding five hundred cubic centimeters, as soon as possible after this act takes effect free of charge to any bona fide resident of the state of California who is engaged in the raising of hogs, upon application by such resident hog raiser. In excess of five hundred cubic centimeters at cost. § 3. The regents of the University of California are al^o hereby fur- ther authorized and directed to furnish to any bona fide resident of this state, who is engaged in the raising of hogs, such serums or vaccines in quantities in excess of five hundred cubic centimeters, upon the appli- cant paying therefor the actual cost of the production of such serums or vaccines. To owners only whose hogs are sick or in danger. § i. It is ierewith provided that no serums or vaccines shall be furnished free of charge to anyone unless the applicant shall have first furnished sufficient evidence that the disease known as cholera exists among' his hogs or among the hogs in his immediate neighborhood, and in such latter case evidence shall be furnished by said applicant that there is danger of the disease being communicated to the applicant's hogs. Selling, etc., a misdemeanor. § 5. Any person who shall sell, give away or misuse any of the serums so furnished shall, upon conviction thereof, be deemed guilty of a misde- meanor, and be punished as in such cases provided by law. Act 196, § 1 GENERAL LAWS. 852 Assistance, etc. § 6. The director of the agricultural experiment station shall obtain and establish such assistance, equipment, materials, appliances, appara- tus and other necessary incidentals as may be necessary to the successful prosecution of this work within the appropriation herein specified. Appropriation. § 7. The sum of sixteen thousand ($16,000) dollars is hereby appro- priated out of any money in the state treasury not otherwise appropri- ated, six thousand ($6,000) dollars of which shall be available for the • balance of the sixty-second fiscal year and ten thousand ($10,000) dol- lars of which shall be available during the sixty-third and sixty-fourth fiscal years for the use of said experiment station to be expended by the regents of the University of California in carrying out the purposes of this act, and the state controller is hereby authorized and directed to draw his warrant for the same, and the state treasurer is hereby directed to pay such warrant. Disposition of funds. § 8. All money appropriated under this act. and all money received for the sale of said serums or vaccines as provided for in section 3 of this act, shall be paid to the regents of the University of California, and shall be expended under the direction of the director of the agri- cultural experiment station of said university for the specific purposes herein named. ACT 196. An act to prevent the importation into the state of California of horses, mules, asses, or cattle which are affected with any infectious or ' contagious disease; to provide for the inspection of such animals before they are brought into the state; to repeal an act entitled, "An act to prevent the importation of neat cattle for dairy or breeding purposes affected with tuberculosis into the state of Cali- fornia," approved March 7, 1911; to repeal an act entitled. ".\n act to prevent the importation of horses, mules and asses affected with glanders into the state of California," approved March 7, 1911. [Approved June 4, 1913. Stats. 1913, p. 379.] Importation of diseased stock prohibited. Cattle over six months. Exhibition cattle. Sale of exhibition cattle. Certificate signed by owner. § 1. It shall be unlawful for any person, firm, company or corpora- tion, their agents and servants, to bring into the state of California any horses, mules, asses, or cattle, unless such animals have been ex- amined and found free from infectious or contagious diseases, whi>^h freedom from disease shall be established by a certificate of health signed by a regularly qualified and practicing veterinarian who is a 853 ANIMALS. Act 196, § 1 graduate of a duly recognized, and accredited veterinary college of good standing; provided, however, that in case of cattle over six months of age intended to be used for dairy or breeding purposes, said cer- tificate of health shall also state and certify that each individual ani- mal thereof has been personally and carefully inspected and subjected to a physical and clinical examination and also subjected to the tuber- culin test, and that each individual animal thereof has been found free from any suspicious symptoms of tuberculosis, or of any infectious or contagious disease other than tuberculosis, and also that each indi- vidual animal thereof failed to react to the tuberculin test. Said certifi- cate shall also include a complete temperature record of each animal during the period while undergoing the tuberculin test. This certificate of health and tuberculin test record, as provided for in this act, shall be in duplicate, one copy of which must be attached to the waybill of the shipment; and the other copy shall be forwarded to the state veterinarian of the state of California on the day the shipment is made; provided, further, that any person, firm, company or corporation, their agents and ser- vants, wishing to bring cattle into the state of California for exhibi- tion at fairs, may, by making application to the state veterinarian of the state of California, receive permission to bring such cattle into the state of California for such purpose without the tuberculin test as provided for herein, but in all such cases said permit must be attached to the waybill accompanying the shipment of such cattle; and pro- vided further, that in case any of such exhibition cattle are sold to remain in the state of California, they must be subjected to the tuber- culin test and proved free from tuberculosis before being delivered to the purchaser. It is further provided that cattle may be brought into the state of California for the purpose of slaughter for food, as well as for the purpose of fattening for such slaughter, without a cer- tificate of inspection or tuberculin testing, except as may be otherwise provided. In every case where cattle are being brought into the state except as hereinbefore provided there shall also be attached to said certificate of health a certificate signed by the owner, or the consignor or shipper, certifying that no one of such animals had previously re- acted to the tuberculin test within three months last past and that no one of such animals had been subjected to any other treatment designed to negative the action of the tuberculin test, and in every case where said cattle are brought into the state of California for the purpose of slaughter for food, or for the purpose of fattening for such slaughter, a certificate signed by the owner shall be attached to said waybill accompanying said shipment, stating correctly the pur- pose for which said cattle are to be used and where and by whom they are to be so used; and it shall be unlawful for any person, firm or corporation to make any false or incorrect statement as to any of the matters herein required to be set forth in said certifi- cate and if said certificate be attached to said waybill it shall relieve any transportation company, its agents and employees from the pen- Act 196a, § 1 GENERAL LAWS. 854 alties prescribed in this act, if said cattle should be brought into this state for purposes other than as set forth in said certificate. Penalty. § 2. Any person, firm, company or corporation, their agents, servants and employees, that shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less tlian fifty dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a term not exceeding one hundred and eighty days, or by both such fine and imprisonment. Repealed. § 3. That certain act of the legislature of the state of California entitled, ''An act to prevent the importation of neat cattle for dairy or breeding purposes affected with tuberculosis into the state of Califor- nia," approved March 7, 1911, is hereby expressly repealed. Repealed. § 4. That certain act of the legislature of the state of California, entitled, "An act to prevent the importation of horses, mules and asses affected with glanders into the state of California," approved March 7, 1911, is herebj- expressly repealed. § 5. All acts and parts of acta in conflict with the provisions of this act are hereby repealed. ACT 196a. An act to prevent the introduction of rabies or other animal diseases dangerous to human beings, into portions of the state not infected; to control the spread of such diseases after introduction; and au- thorizing the state board of health to make rules and regulations therefor. [Approved June 13, 191.3. Stats. 1913, p. 783.] Quarantine of districts infected with rabies. Quarantine defined. § 1. Whenever any case or cases of rabies, or other animal diseases dangerous to the health of human beings which may be declared by the state board of health as coming under the provisions of this act, shall be reported as existing in any county, city and county, or incor- porated city or town in the state of California, the state board of health shall make, or cause to be made a preliminary investigation as to whether such disease does exist, and as to the probable area of the state in which the population or animals are thereby emlangered. If upon such examination the state board of health shall find that any of the said diseases does exist, a quarantine shall be declared against all such animals as may be designated in the quarantine order, and living within the area specified in said order. Quarantine shall be defined 855 ANIMALS. Act 196a, §§ 2-6 for the purposes of this act as meaning the strict confinement, upon the private premises of the owners under restraint by leash or closed cage or paddock, of all animals specified by the order. Board of health to investigate extent of disease. § 2. Following the order of quarantine the state board of health shall make or cause to be made a thorough investigation as to the extent of the disease, the probable number of persons and animals ex- posed, and the area found to be involved; and may substitute for the quarantine order such regulations as may be deemed adequate for the control of the disease in each area. Enforcement of act. § 3. It shall be the duty of all peace officers and boards of henltli to carry out the provisions of this act. During the period for which any quarantine order is in force all officers are empowered to kill or in their discretion to capture and hold for further action by the state board of health or its representatives, all animals in a quarantine area, found on public highways, lands and streets, or not held in restraint on private premises as specified in this act. Officers may enter private premises. § 4. All proper officials within the meaning of this act are hereby authorized to examine and enter upon all private premises for the en- forcement of this act. Owners violating subject to arrest. § 5. Any owner, or other person in the possession of any animal then being held or maintained in violation of the provisions of this act, shall be subject to arrest on the charge of committing a misdemeanor. Rabies treatment fund created. § 6. For the purpose of providing funds to pay the expenses incurred in connection with the eradication of diseases included under this act, a special fund, to be known as the rabies treatment and eradication fund, is hereby created for each county, city and county, or incorpo- rated city or town in the state of California. All moneys collected in accordance with the following procedure shall be deposited to the credit of this fund with the treasurer of the county, city and county, or incorporated city or town; provided, that funds now collected from any dog tax may continue to be collected and used for other purposes specified by local ordinances. Special dog tax, (a) Upon the determination by the state board of health that rabies does exist in any county, city and county, or incorporated city or town, a special dog license tax shall immediately become effective, un- less a dog tax is already in force the funds from which are available for the payment of expenditures in accordance with the provisions of Act 197 GENERAL LAWS. 856 this act. This tax shall be levied as follows: An annual tax of one dollar and fifty cents for each male, two dollars and fifty cents for each female, and one dollar and fifty cents for each neuter dog, the game to be collected by the proper autli^irity at the same time and in the same manner as other taxes are collected; provided, however, that there shall be collected at the first collection such proportion of the annual tax as corresponds to the number of months the tax has been in operation plus one year advance payment. After this dog license tax has been established in a county, city and county, or incorporated city or town, it shall be continued in force until an order has been issued by the state board of health declaring that county, or such por- tion of that county as may be deemed advisable, to be free from rabies OT further danger of its spread. One-half of fines to credit of fund, (b) One-half of all fines collected by any court or judge for violations of the provisions of this act shall be placed to the credit of the rabies treatment and eradication fund of the county, city and county, incor- porated city or town in which the violation occurred. Special measures of control. Expenditures. § 7. Whenever it becomes necessary in the judgment of the state hoard of health or its secretar}-, to enforce the provisions of this act in any county, city and county, or incorporated city or town, the said board or its secretary may institute special measures of control to sup- plement the etforts of the local authorities in any county, city and county, or incorporated city or town whose duties are specified in this act. All expenditures incurred in enforcing such special measures shall be proper charges against the special fund created by the provi- sions of this act, and shall be paid as they accrue by the proper au- thorities of each county, city and county, or incorporated city or town in which they have been incurred; provided, that all such expenditures which may be incurred after the issuance of the order establishing the said fund and before the first collection of the tax, shall be paid as they accrue from the general fund of the county, city and county, or incorporated city and town; and, provided, further, that all expendi- tures in excess of the balance of money in this fund shall likewise be paid as they accrue from said general fund. All moneys thus expended from the general fund shall be repaid from the said special fund when the collections from said tax have provided the money. TITLE 23. ANTIOCH. ACT 197. Citations. App. 17/753, 754, 756, 757; (§§ 1, 2) 17/754. 857 ARCATA. Acts 219-222 TITLE 27. ARBITEATIOJSr. ACT 219. Citations. App. 13/431, 432. TITLE 27a. ARCATA. ACT 222. An act granting to the city of Areata the tide lands and submerged lands of the state within the boundaries of, and within two miles of the boundaries of said city. [Approved June 11, 1913. Stats. 1913, p. G99.] Tide lands granted to Areata. § 1. There is hereby granted to the city of Areata, a municipal cor- poration of the state of California, and to its successors, all the right, title and interest of the state of California, held by said state by virtue of its sovereignty in and to the following tide lands and sub- merged lands within the county of Humboldt, state of California,^ to wit: Commencing at a point south 89^2 degrees west 5.91 chains, and soijth 31 degrees 52 minutes west 16.27 chains from the center of section 32, township six (3) north, range one (1) east of Humboldt meridian, Humboldt county, California, running thence north 250 feet to the south side of a dike; thence 75 degrees west 1.750 feet following the south side of the dike, and crossing Daniels' slough to a point on the section line between sections 31 and 32; thence south 17 degrees west 5,600 feet to a point on the Areata and Mad Eiver Railroad wharf, as at present maintained; thence south 45 degrees east 1,650 feet; thence north 80 degrees east 5,750 feet to a point on the west side of the right of way of the Northwestern Pacific Railway company; thence fol- lowing- the west line of the Northwestern Pacific Railroad company's right of way to a point in the center of Butchers' slough north 27 de- grees fifty minutes west 4,500 feet; thence north 52 degrees and one-half (52V2) west 6.12 chains; thence north 71^4 degrees west 4.05 chains; thence north 531.0 degrees west 11.26 chains; thence north oli^ degrees west 2.06 chains to the place of beginning, and situated below the line of mean high tide of the Pacific Ocean, or of any harbor, estuary, bay or inlet within, or within two miles of said city boundaries, to be for- ever held bj^ said city, and by its successors, in trust for the uses and purposes, and upon the express condition, to wit: Conditions of grant. City may grant franchises for wharves, etc. a. That said lands shall be used by said city, and by its successors, solely for the establishment, improvement and conduct of a harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays and other utilities, structures and appliances Act 222, § 2 GENERAL LAWS. 858 necessary or convenient for the promotion and accommodation of com- merce and navigation, and said city, or its successors, shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any individual, firm or corporation for any purpose whatsoever; pro- vided, that said city or its successors, may grant franchises thereon for limited periods, for wharves and other public uses and purposes, and may lease said lands or any part thereof for limited periods, for pur- poses consistent with the trusts upon which said lands are held by the state of California, and with the requirements of commerce or navigation at said harbor; Harbor to be improved. b. That said harbor shall be improved by said city without expense to the state, and shall always remain a public harbor for all purposes of commerce and navigation, and the state of California shall have, at all times, the right to use, without charge, all wharves, docks, piers, slips, quays and other improvements, constructed on said lands, or any part thereof, for any vessel or other water craft, or railroad, owned or oper- ated by the state of California; No discrimination in rates. Right to fish reserved. c. That in the management, conduct or operation of said harbor, or any of the utilities, structures or appliances, mentioned in ]>aragraph a, no discrimination in rates, tolls or charges, or in facilities, for any use or service in connection therewith shall ever be made, authorized or permitted by said city, or by its successors; reserving, however, in the people of the state of California, the absolute right to fish in the waters of said harbor, with the right of convenient access to said waters over said lands for said purposes. Must expend one hundred thousand dollars within five years. Lands may revert to state. § 2. The foregoing conveyance is made upon the condition that the city of Areata shall, within five years from the approval of this act, exclusive of such time as said city may be restrained from so doing, by injunction issued out of any court of this state or of the United States, and exclusive of such further delay as may be caused by un- avoidable misfortune or great public or municipal calamity, issue its bonds for harbor improvement purposes in an amount of money of not less than one hundred thousand dollars, and shall, within five years after the approval of this act, exclusive of the time in this section hereinbefore mentioned, commence the work of such harbor improve- ment, and the said work and improvement shall be prosecuted with such diligence that not less than one hundred thousand dollars shall be expended thereon within five years from the approval of this act exclu- sive of the time in this section hereinbefore mentioned. If said bonds be not issued or said work be not prosecuted and completed as and in 859 ASEXUALIZATION. Acts 247, 248 the manner herein provided, then the lands by this aet conveyed to the city of Areata shall revert to the state of California. TITLE 33. ASEXUALIZATION". ACT 247. An act to permit asexualization of inmates of the state hospitals and the California Home for the Care and Training of Feeble -minded Children, and of convicts in the state prisons. [Approved April 26, 1909. Stats. 1909, p. 1093.] Repealed June 13, 1913 (Stats. 1913, p. 776). See next act. ACT 248. An act to provide for the asexualization of inmates of state hospitals for the insane, the Sonoma State Home, of convicts in the state prisons, and of idiots, and repealing an act entitled "An act to permit asexualization of inmates of the state hospitals and the California Home for the Care and Training of Feeble-minded Chil- dren and of convicts in the state prisons," approved April 26, 1909. [Approved June 13, 1913. Stats. 1913, p. 775.] Asexualization of inmates of hospitals for insane 'before release. § 1. Before any person who has been lawfully committed to any state hospital for the insane, or who has been an inmate of the Sonoma State Home, and who is aiflicted with hereditary insanity or incurable chronic mania or dementia shall be released or discharged therefrom, the state commission in lunacy may in its discretion, after a careful investigation of all the circumstances of the ease, cause such person to be asexualized, and such asexualization whether with or without the consent of the patient shall be lawful and shall not render the said commission, its members or any person participating in the opera- tion liable either civilly or criminally. Asexualization of recidivists coimnitted for sexual crimes. § 2. Whenever in the opinion of the resident physician of any state prison it will be beneficial and conducive to the benefit of the jniysical, mental or moral condition of any recidivist lawfully confined in such state prison, to be asexualized, then such physician shall call in con- sultation the general superintendent of state hospitals and the secretary of the state board of health, and they shall jointly examine into the particulars of the case with the said resident physician, and if in their opinion or the opinion of any two of them, asexualization will be bene- ficial to such recidivist, they may perform the same; provided, that such operation shall not be performed unless the said recidivist has been committed to a state prison in this or some other state or coun- try at least two times for rape, assault with intent to commit rape, or Acts 282, 283 general laws. 860 seduction, or at least three times for any other crime or crimes, and shall have given evidence while an inmate of a state prison in this state that he is a moral or sexual degenerate or pervert; and proviile'I. further, that in the case of convicts sentenced to state prison for life, who exhibit continued evidence of moral and sexual depravity, the right to asexualize them, as provided in this section, shall apply whether they shall have been inmates of a state prison in this or any other country or state more than one time or not; provided, further, that nothing in this act shall apply to or refer to any voluntary patient confined or kept in any state hospital of this state. Asexualization of idiots. § 3. Any idiot if a minor, may be asexualized by or under the di- rection of the medical superintendent of any state hospital, with the written consent of his or her parent or guardian, and if an adult, then with the written consent of his or her lawfully appointed guardian, and upon the written request of the parent or guardian of any such idiot or fool, the superintendent of any state hospital shall perform such operation or cause the same to be performed without charge therefor. Repealed. § 4. An act entitled "An act to permit asexualization of inmates of the state hospitals and the California Home for the Care and Training of Feeble-minded Children, and of convicts in the state prison," ap- proved April 26, 1909, is hereby repealed. TITLE 40. BANKRUPTCY AND IXSOLVENCY. ACT 282. Citations. Cal. 156/660, 662, 663, 665, 666. ACT 283. For the relief of insolvent debtors, for the protection of creditors and for the punishment of fraudulent debtors. [Stats. 1S95, p. 131.] Amended 1897, p. 35; 1911, p. 489. The amendment of 1911 is as follows: Attachment. Costs a preferred debt. Award of costs. § 69. When an attachment has been made and is not dissolved before the commencement of proceedings in insolvency, or is dissolved by an undertaking given by the defenilant. if the claim upon which the attach- ment suit was commenced is proved against the estate of the debtor, the plaintiff may pro've the legal costs and disbursements of the suit, and of the keeping of the property, and if the levying of said attachment and the putting of the sheriff's keeper in charge has had the effect of pre- 861 BANKS AND BANKING. ActS 291-297 serving intact the assets of said insolvent, and the general creditors have been benefited thereby, the amount of costs allowed shall be a pre- ferred debt. In all contested matters in insolvency the court may, in its discretion, award costs to either party, to be paid by the other, or to either or both parties, to be paid out of the estate, as justice and' equity may require; and in awarding costs the court may issue execution therefor. In all involuntary cases under this act, the court shall allow the petitioning creditors, out of the estate of the debtor, if any adju- dication of insolvency be made, as a preferred claim, all legal costs and disbursements incurred by them in that behalf. [Amendment ap- proved March 25, 1911; Stats. 1911, p. 489.] TITLE 41. BANKS AND BANKING. ACT 291. Citations. Cal. 159/77. ACT 295. Citations. App. 8/571; 9/188. ACT 296. Citations. Cal. 159/66, 67. App. 15/327. I ACT 297, An act to define and regulate the business of banking. [Approved March 1, 1909. Stats. 1909, p. 87.] Amended 1911, pp. 7, 958, 1003, 1008; Ex. Sess. 1911, pp. 2, 115; 1913, pp. 136, 335. The amendments of 1911 and 1913 follow: "Bank act." § 1. This act shall be known as the "bank act," and shall be appli- cable to all corporations specified in the next section. [Amendment approved May 6, 1913; Stats. 1913, p. 137.] "Bank" defined. Money in escrow. Classification. § 2. 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 hereinafter defined. The soliciting, 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 Act 297, §§3-7 GENERAL LAWS. 862 equivalent left in escrow or left with an agent, pending investment in real estate or securities for or on account of his principal. It shall be unlawful for any corporation, partnership, firm or individual to engage in or transact a banking business -within this state except by means of a corporation duly organized for such purpose. Banks are divided into the following classes: (a) Savings banks; (b) Commercial banks; and (c) Trust companies. [Amendment approved May 6, lf)13; Stats. 1913, p. 137.] Formation of corporations. § 3. Corporations may be formed by any number of natural persons, not less in any ease 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 mentioned in divisions (a), (b), and (e) of section 2, of this act. [Amendment approved May 6, 1913; Stats. 1913, p. 137.] "Trust company" defined. § 6. The term "trust company," when used in this act, means any corjjoration which is incorporated under the laws of this state for the purpose of conducting the business of acting as executor, administrator, guardian of estates, assignee, receiver, depositary or trustee under ap- pointment of any court or by authority of any law of this state, or as trustee for any purpose permitted bv law. [Amendment approved May 6, 1913; Stats. 1913, p. 137.] Foreign corporations. § 7. No foreign corporation shall transact a banking business in this state without 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 required by this section and has received a certificate from the state superintendent of banks. Any foreign banking corporation transacting business in this state shall become subject to tlie supervision of the state superintendent of banks. Every foreign banking corporation, in- cluding those which were on January 2, 1913, transacting business in this state, which receives any dejiosits or transacts any other banking business or transacts its business 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 institu- tions organized under the laws of tins state. Tlie capital of any such foreign banlcing corporation assigned to its business in this state and all funds and deposits of money received by any such corporation in this 863 BANKS AND BANKING. Act 297, § 7 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 corpora- tion in this state shall be kept separate and apart from the general busi- ness, assets and accounts of such foreign corporation in the same manner as if the business of such foreign corporation conducted within this state was that of a separate and independent 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 conducting business in any respect shall be deemed to apply to such assigned capital, investments, loans, deposits, assets, funds and business in the same manner as if such assigned capital, invest- ments, loans, deposits, assets, funds and business were that of such separate and independent corporation; 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 busi- ness in this state a paid-up capital and surplus as above provided equal to twenty per centum of the deposit liability of such branch agency or office to residents of this state. Such funds and investments or loans thereof shall be appropriated solely to the security and payment of such deposits, and shall not be mingled with the investments 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 carried to the surplus fund, as pro- vided in section 21 of this act, shall accrue as profits to the corporation and may be transferred to its general funds. No such foreign corpora- tion shall transact any banking business in this state until it has exe- cuted and filed with the superintendent of banks a written instrument appointing such superintendent 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 process therein. Such service upon such attorney shall be deemed personal service on such corporation. The superintend- ent 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 super- intendent 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 taxable costs if he succeed in the suit or proceeding. 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 Act 297, § 8 GENERAL LAWS. 864 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 such cases of individuals unless waived by the last will and testament making such appointment and by taking and subscribing an oath for faithful per- formance of such trust by the presiilent, vice-president, secretary, manager or trust officer of said corporation; provided, that similar cor- porations organized under the laws of this state are permitted by law to act as such executor or trustee in the state where such foreign cor- poration was organized; and provided, further, that such superintendent of banks, for the time being, shall be the attorney- of such foreign cor- poration 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 ex- ecutor or trustee, or any act or default of such foreign corporation in ref- erence to such estate or projierty, and it shall be the duty of any such foreign corporation so qualifj'ing 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 corporate seal, together with the postoffiee 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, 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 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 ex- ecutor or trustee in said proceeding may in its discretion, revoke the right of such foreign corporation thereafter to act as executor or trustee therein; 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 this 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. [Amendment approved May 6, 1913; Stats. 1913, p. 137.] Copy of articles of incorporation. Affidavit. § 8. Every curporatioii, at the time it apjilies for a certificate of au- thority 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 copy 865 BANKS AND BANKING. Act 297, § § 9, 10 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 certi- fied copy of the affidavit required by section 290a 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. [Amendment ap- proved May 6, 1913; Stats. 1913, p. 140.] Opening of branch office. Capital. Fee. Savings banks in schools. Penalty. § 9. No bank in this state, or any officer or director thereof, shall hereafter open or keep an officfe other than its principal place of busi- ness, without first having obtained the written approval of the superin- tendent of banks to the opening of such branch office, which written approval may be giv^en 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; 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. 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; provided, however, that, in order to encourage saving 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 dejjosits made with such principal, teacher or other person, the same as if the deposits were made by the pupil directly with the bank. 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. [Amendment ap- proved May 6, 1913; Stats. 1913, p. 140.] Directors. § 10. 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, Act 297, §§ 11, 12 GENERAL LAWS. 866 shall cease to be the owner in his own right of the amount of such stock aforesaid, or shall hypothecate or in any way pledge such stock as se- curity for any loan or debt shall immediately notify the superintend- ent of banks in writing of such sale or hypothecation and such director may be removed from 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 i» both a member and a depositor of such bank. [Amendment approved May 6, 1913; Stats. 1913, p. 141.] Meetings. Oath of directors. § 11. 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 prsvisions of law applicable to such bank, and that he is the owner in good faith and in his own right of sliares of stock of the par value required by section 10 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 hypothecated 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. [Amendment approved May 6, 1913; Stats. 1913, p. 141.] Also amended April 21, 1911 (Stats. 1911, p. 1008). Advertising as bank. Use of word "bank." Not applicable to building and loan associations. Penalty. Injunction. § 12. No person, firm, company, cojiartnership or corporation, either 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 a certificate to do a banking business from the superintendent of banks, shall advertise that he or it is re- ceiving 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 tliercon any artificial or cor- porate name, or other words indicating that such place or office is the place or office of a bank or trust company, or 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, copartner- ship, or corporation, domestic or foreign, make use of or circulate any letter-heads, billheads, bank notes, bank receipts, certificates or circulars, or any written or printed, or partly written and partly printed, paper, whatever, having thereon any artificial or corporate name or other word or words indicating that such business is the business of a bank, sav- 867 BANKS AND BANKING. Act 297, § 12a ings bank or trust company; nor shall any such 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 person, 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 superintend- ent 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"; provided, that this section shall not apply to the corporate name of any building and loan association ffow or here- tofore doing business in this state; and provided, further, that any isuch association having in its corporate name words not clearly indi- cating 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; 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 pro- vided, further, that no such association shall advertise or hold itself out to the public as a savings bank. Any person, firm, company, copartner- ship 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. Upon action brought by the superintendent of banks the court may issue an in- junction restraining any such person, firm, company, copartnership or corporation from further using such words in violation of the provisions of this section or from further transacting business in such a way or manner as to lead the public to believe that its business is that of a liank, savings bank or trust company- during the pendency of such action and for all time and may make such other order or decree as equity and justice may require. [Amendment approved May 6, 1913; Stats. 1913, p. 141.] Also amended December 24, 1911 (Stats. Ex. Sess. 1911, p. 115). Prerequisites to advertising as bank. Penalty. Injunction. Examina- tion of books. Not applicable to buUding and loan associations. § 12a. Every person, firm, company, copartnership or corporation, domestic or foreign, advertising that he or it is receiving or accepting money or savings, and issuing notes or certificates of deposit therefor or advertising that he or it is transacting the business of a bank, sav- ings bank or trust company, or making use of any ofiice sign at the Act 297, § 12a general laws. 86 i 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, 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 trans- acted, and every person, firm, company, copartnership or corporation, domestic or foreign, rbaking use of or circulating any letter-heads, bill- heads, blank notes, blank receipts, certificates or circulars, or any writ- ten or printed, or partly written and partly printed, paper, whatever, having thereon any artificial or corporate 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 business, and must have received from the superin- tendent of banks, as provided for in this act, a certificate to do * banking business. Any person, firm, company; copartnership or cor- poration, 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. Upon action brought by the superintendent of banks the court may issue an in- junction 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 re- quire. Every person, firm, company, copartnership or corporation doing any of the things or transacting any of the business defined in this sec- tion, 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, com- pany, copartnership, or corporation has violated or is violating any provisions of this section; provided, that this section shall not appl.V to the corporate name of any building and loan association now or here- tofore 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 advertis- ing matter, state: "This is a building and loan association" or words to that effect; and provided, further, that any building and loan asso- ciation may borrow money, issue investment certificates or evidences of indebtedness, stating the rate of interpst 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. [Amendment approved Mav 6, 191.3; Stats. 1913, p. 143.] Section added April 21, 1911 (Stats. 1911, p. lOOSV Also amended Decem- ber 24, 1911 (Stats. Ex. Sess. 1911. p. 116). 869 BANKS AND BANKING. Act 297, §§ 12b-15 Not applicable to life insurance companies. § 12b. Nothing in this act shall be construed or helJ to apply to any corporation organized under the laws of any other state which is au- thorized by its charter or articles of incorporation to transact the busi- ness of life insurance and also to be known as and to transact business 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 hereto- fore 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. [New section approved May 6, 1913; Stats. 19-13, p. 144.] Foreign corporations may lend money in state. § 12c. 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 maintain of- fices 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 advertising mat- ter of corporations not under the supervision of the superintendent of banks. [New section approved May 6, 1913; Stats. 1913, p. 144.] Unincorporated banks. § 13. [Repealed May 6, 1913; Stats. 1913, p. 144.] Advertising capital, resources, liabilities, etc. § 14. 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 actually 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. [Amendment approved May 6, 1913; Stats. 1913, p. 144.] Deposits unclaimed for twenty years. Statement to controller. Deposits unclaimed for ten years. Published notice. — Penalty. § 15. 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 tw^enty years after the date of such deposit, or withdrawal of any part of principal or interest, Act 297, § 15 GENERAL LAWS. * 870* 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 distribu- tion as provided for in section 1234 of the Code of Civil Procedure. 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 known 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 is 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 de- posits 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 ojten 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. The president or manag- ing officer of every bank must, within fifteen days after the first day of January of everj' 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 with.lrawn any moneys during the preceding ten years. Such statements shall show the amount of the account, the depositor's last known place of resi- dence or postoffice address, and the fact of death, if known to such president or managing officer. 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. This section deos not applj' 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 thereon, is less than fifty dollars. The superintendent of banks must incorporate in his subsequent report such returns made to him as provided in this section. If any president or managing officer of any bank neglects or refuses to make the sworn 871 BANKS AND BANKING. Act 297, § 16 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 continue. Any president or managing officer of any bank who violates any of the provisions of this section shall forfeit to the state of California the sum of one hundred dollars a day for each and every day such violation shall continue. 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; provided, that any bank which shall make any deposit with the state treasurer in conformity with the provisions 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 treas- urer shall be defended by the attorney general without co-st to such bank. [Amendment approved May 6, 1913; Stats. 1913, p. 145.] Bank deposits of married women and minors. Deposits in trust. With- drawal of deposits of deceased persons. Not over five hundred dollars. § 16. 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. 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 deposit was made.->i 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 sur- vivor or survivors of them, such deposit thereupon, and any additions thereto made by either of such persons upon the making thereof, shall become the property 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 payment is made shall be valid and sufficient release and discharge to said bank for all payments made on account of such deposit.^ The surviving husband or wife or the guardian of the estate of any insane or incompetent husband or wife of any deceased person, Act297, §§18, 19 GENERAL LAWS. 872 or, if no husband or wife ia 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 nor 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. Any bank, upon receiving an affidavit stating that said depositor is dead, and that affiant is the surviving hus- band or wife or the guardian of the estate of an insane or incompe- tent 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 husband, wife, chil- dren, father nor mother, and that affiants are the brothers and sisters or the guardians of the estates of the minor, insane 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, docs not exceed the sum of five hundred dol- lars, may pay to said affiant or affiants, any deposit of said decedent, if the same does not exceed the sura of five hundred dollars, and the receipt of such affiant is sufficient acquittance therefor; provided, how- ever, that whenever the affidavit herein mentioned is made by any guardian it shall be accompanied by a certified copy of the letters of guardianship issued to such guardian attached to a certificate of the clerk of the court having appointed such guardian to the effect that the said letters of guardianship have not been revoked. [Amendment approved May 31, 1913; Stats. 1913, p. 333.] Also amended April 21, 1911 (Stats. 1911, p. 1008). Partnership, list of partners. § 18. [Eepealed May 6, 1913; Stats. 1913, p. U6.] Capital and deposit liabilities. Of savings banks. § 19. The aggregate of paid-up capital together with the surplus, of every commercial bank, must equal ten per centum of its deposit lia- bilities; such deposit liabilities shall not be increased when such pro- portion 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; provided, however, that the aggregate of paid-up capital and surplus of every savings bank having a capital stock, and the 873 BANKS AND BANKING. Act 297, § 20 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 two 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 dol- lars up to and including fifteen million dollars. (d) Two and one-half per centum of any amount in excess of fifteen million dollars up to and including forty million dollars. (e) One per centum of any amount in excess of forty million dollars. The deposits shall not be increased if such proportion of paid-up capital and surplus or reserve fund to deposit liabilities is not main- tained. [Amendment approved May 6, 1913; Stats. 1913, p. 146.] Reserve of depositary banks. Reserve of other banks. When reserve falls below requirement. § 20. Every commercial bank receiving 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 law- ful 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. Every commercial bank not receiving deposits as a depositary bank of other banks shall have at all timss 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 Xew 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. 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, otherwise 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. The Act 297, §§ 21, 21a general laws. 874 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. [Amendment approved May 6, 1913; Stats. 1913, p. 147.] Also amended April 21, 1911 (Stats. 1911, p. 1009), and December 18, 1911 (Stats. Ex. Sess. 1911, p. 2). Dividends. Surplus. Charging loss to surplus. Depositors' prior claim. § 21. The directors of any bank having a capital stock may. at certain times, and in such manner as its by-laws prescribe, 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, 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 covered by the dividend, to its surplus, until such surplus shall amount to twenty-five per centum of its paid-up capital stock. 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. Subject to the provisions of sec- tion 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 pro- vided, to the amount required by law; provided, however, that any bank which has invested any portion of its surplus in its bank premises. furniture and fixtures, vaults, or safe deposit vaults' and boxes neces- sary 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 con- strued as prohibitory thereof. The capital and assets of any such bank are a security to depositors and stockholders, depositors having the prioritv of security over stockholders. [Amendment approved May 6, 1913; Stats. 1913, p. 147.] Preference to depositors. Public moneys not "borrowed money." Over- draft as asset. Bad debt. § 21a. No bank, banker, or bank oflScer, 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 deinirtmental bank, may borrow money for temporary purposes, and may pledge assets of 875 BANKS AND BANKING. Act 297, §§ 22, 23 said commercial bank, or commercial department of said departmental bank, not exceeding fifty per centum in excess of the amount bor- rowed, as collateral security therefor; provided, that any public moneys, or postal savings monej's, deposited with any such bank under any pro- vision of law, shall not be construed as "borrowed money" within the meaning of this section. No bank shall at any time, without 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 otherwise. No bank shall make partial payments upon any certificate of deposit. 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 cortimercial 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. [New section approved May 6, 1913; Stats. 1913, p. 148.] Commercial savings and trust combination. § 22. 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 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. [Amendment approved May 6, 1913; Stats. 1913, p. 149.] Consent to do departmental business. Capital stock. § 23. When a bank desires to do a departmental business, it shall first obtain the consent of the superintendent of banks, and in its application therefor, file a statement making a segregation of its capital and surplus for each department. Such capital and surplus, when so apportioned and approved by the superintendent of banks, shall be considered 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 approval 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 appor- tionment of its capital and surplus. Every bank hereafter organized doing a departmental business shall have paid up, in cash, capital stock as follows: Place of five thousand persons. (a) In any locality in which the population does not exceed five thousand persons, not less than twenty-five thousand dollars if it trans- acts both a commercial and savings business, or not less than one hun- dred twenty-five thousand dollars, if it transacts both a commercial Act 297, § 23 GENERAL LAWS. 876 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 transacts a commer- cial, savings and trust business. More than five thousand persons. (b) 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 sav- ings 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. More than twenty-five thousand persons. (e) In any city in which the population is more than twenty-five thousand persons but does not ex'-eed one hundred thousand persons, not less than one hundred thousand dollars, if it transacts both a commer- cial and savings business, or not less than two hundred thousand dollars if it transacts both a commercial 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. More than one hundred thousand persons. (d) In any city in which the pojmlation is more than one hundred thousand persons but does not exceed two hundred thousand persons, not less than two hundred thousand dollars, if it transacts both a com- mercial and 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 business, and not less tlian four hundred thousand dollars if it transacts a commercial, savings and trust business. More than two hundred thousand persons. Not applicable to existing banks. May not decrease capital. Census. (e) In any city in which the jjopulation exceeds two hundred thousand persons, not less than three hundred thousand dollars if it transacts both a commercial and savings business, or not less than five hundred thou- sand 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 commercial, savings and trust business. The foregoing classification shall not apply to any bank already in existence which has received from the superintendent of banks a cer- tificate to do a banking business; nor to any bank the location of which shall have been included bv annexation or consolidation within 877 BANKS AND BANKING. Act 297, § § 24, 25 tlie limits of a city of a class requiring a larger capitalization, but no bank thus excepted shall he permitted to establish any new branch oiBce as provided in section 9 of this act or to remove its place of busi- ness from the original limits of the city or township wherein it w^as 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. 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. For the purposes of this act, the popula- tion 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 popuiation 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 town- ship 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. [Amendment approved May 6, 1913; Stats. 1913, p. 149.] Also amended April 21, 1911 (Stats. 1911, p. 1010). Opening new department. Fee. § 24. 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. Kafii certificate herein provided for shall be given when the superintendent shall, by the examination 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. [Amendment ap- proved May 6, 1913; Stats. 1913, p. 150.] Department reserve and deposits. § 25. Every bank shall maintain for each department a lawful money reserve equal in amount to that required by this act for the respect- ive business conducted, and shall keep separate and distinct the lawful money reserve of any department from that of any other department; and all deposits made with other banks, whether temporary or other- wise, shall be assets of the respective departments 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 Act 297, §§ 27-31 general laws. they stand. No department shall receive deposits of any other depart- ment 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 department of the same corporation; 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, se- curities or loans are, under the provisions of this act, a legal invest- ment for the department purchasing the same. [Amendment approved May 6, 1913; Stats. 1913, p. 151.] Assets to repay department depositors. § 27. 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 department, as herein provided, until all depositors and other claimants of each such department shall have been paid, and the over- plus then remaining shall be applied to any other liabilities of such bank. [Amendment approved May 6, 1913; Stats. 1913, p. 151.] Window signs, etc. § 28. Every bank in this state musf, on all its window signs and in advertising, and on letter-heads and other stationery on which its busi- ness 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. [Amendment approved May 6, 1913; Stats. 1913, p. 151.] Sale of business. Conditions of sale stated. Rights of creditors. Pub- lication of notice. § 31. Any bank may sell the whole of its business 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 bank holding of record at le.i-' two-thirds of the issued capital stock of each of such corporations; su. '. consent to be expressed either in writing executed and acknowledgi i by such stockholders and attached to the instrument of sale, or to a copy thereof, or by vote at a stockholders' meeting of each of such banks called for that purpose. The selling and purchasing banks must for such purposes enter into an agreement of sale and purchase, which 'agreement shall contain all the terms and conditions connected 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 super- intendent of banks; and shall not be valid until such approval is ob- tained. Such agreement may contain provisions for the transfer of all deposits to the purchasing bank, subject, however, to the right of every depositor of the selling bank to withdraw his deposit in full 1 879 BANKS AND BANKING. Act 297, § 31a on demand after such transfer, irrespective of the terms under which it was deposited with the selling bank. 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 stock- holder thereof, be in any manner released or impaired, and all the rights, obligations and relations of all the parties, creditors, depositars, 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, obligatio'ns, trusts and liabilities and be held liable to pay and dis- charge 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 assumed the relation of trust, and the stockholders of the respective corporations so entering into such agreement shall continue subject to all the liabili- ties, claims and demands existing against them as such at or before such sale. Immediately after the execution of such agreement of sale and purchase notice thereof shall be published for at least four suc- cessive 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; provided, however, that no action can be brought against such selling bank or any of its stockholders on account of any deposits so trans- ferred after the expiration of one year from the last day of publica- tion herein required. An affidavit showing such publication shall be filed in the office of the superintendent of banks within ten days after the last publication thereof. The affairs of such selling bank, or selling department of a bank, shall remain subject to the provisions of this act. [Amendment approved May 6, 1913; Stats. 1913, p. 151.] Consolidation. Ratification by stockholders. Notice. Articles of incor- poration and consolidation. Obligations not impaired. Eight to increase stock. § 31a. 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 superintendent of banks; 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; pro- vided, 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 respective banks, or such agreement Act 297, § 31a general laws. 880 may be submilted to the stockholders 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 stock- holders 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. In ease of such consolidation "articles of incorporation and consolidation" must be prepared, 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. Said articles of incorporation and consolidation must be signed and countersigned by the president and secretary of each constituent cor- poration and sealed with their corporate seals. 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 acknowl- edged by stockholders representing at least two-thirds of the capital stock of their respective corporations. When completed as aforesaid said articles must be filed in the office of the county clerk of the county in which is located the principal place of business of the new cor- poration, and a copy of the articles of incorporation and consolidation certified by such countj'- 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 also in the office of the county clerk of any count)'' in which were filed the original articles of incorporation of either of the constituent corporations, and thereupon each constituent corporation 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, agreements, assets, choses and rights in action of every kind and de- 881 BANKS AND BANKING. Act 297, §§ 32, 33 scription, 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 consoli- dation 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 con- tracts and agreements with other parties, and all their debts, obliga- tions, and liabilities, of every kind and nature, to any persons, cor- porations, 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. Nothing in this section contained sliall 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 ease may be, against the consolidated corporation, 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 stockholders of each constituent corporation so entering into such agreement shall continue subject to all the liabilities, claims and demands existing against them at or before such consolidation to the same extent as if the same had not been made. The right of said new corporation to increase or de- crease its capital stock, to change the number of its directors, to amend its articles of incorporation, to change its principal place of business, or its name, or to effect any other organic change shall be governed by the general corporation laws of this state and by the bank act, and the procedure to effect any such change shall be that defined by the general corporation laws and the bank act. [New section approved May 6, 1913; Stats. 1913, p. 152.] Not to mingle trust funds. § 32. Any bank receiving trust funds in accordance with the pro- visions of this act relating to trust companies must not mingle such trust funds with the other assets of the corporation, except as otherwise pro- vided 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. The officers of any bank who knowingly violate or consent to the violation of this provision shall be guilty of a felony. [Amendment approved May 6, 1913; Stats. 1913, p. 155.] Officers not to borrow funds. § 33. [Amended April 21, 1911 (Stats. 1911, p. 1011). Repealed May 6, 1913. (Stats. 1913, p. 155).] 56 Act 297, §§34-39 general laws. 882 Not to invest in own stock. Penalty. § 34. 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. [Amendment ap- proved May 6, 1913; Stats. 191.3, p. 155.] Officer not to sell notes to bank. Penalty. § 35. Xo director, or officer, or employee, or controlling stockholder of any bank shall, directly or indirectly, for his own account, to himself, or as the partner or agent of others, sell or transfer, or cau-e 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 auy 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 financially interested, without tile consent in writing of the superintendent of banks. Any directc/r, or officer, or employee, or controlling stockholder of any bank who knowingly violates or consents to the violation of this provision shall be guilty of a felony. [Amendment approved May 6, 1913; Stats. 1913, p. 155.] Also amended April 21, 1911 (Stats. 1911, p. 1011). Not to invest in own stock. Penalty. § 37. Xo bank shall ])urchase or invest its capital or surplus or money of its depositors, or any part of either, in the capital stork 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 con- tracted 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 ob- tainable by said bank within one j-ear after such purchase or acquisi- tion. Every person or corporation Aiolating anv provision of this sec- tion shall forfeit to the people of the state twice the nominal amount of such stock. [Amendment approved May 6, 1913; Stats. 1913, p. 155.] Officer may not overdraw account. § 39. 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 commis- sion, emolument, gratuity or reward, or any money, propertj' or thing of 883 BANKS AND BANKING. Act 297, §§ 41-44 value, for tis own personal benefit, or of personal advantage, for procur- ing 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 corpora- tion to overdraw any account with such bank, is guilty of a felony. [Amendment approved April 21, 1911; Stats. 1911, p. 1011.] Officer not to purchase obligation at discount. § 41. No officer, director, agent, or other employee of any bank shall directly or indirectly, for his own personal benefit, purchase, or be in- terested 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 offense forfeit to the people of the state, three times the face value of anv such obligation so purchased. [Amendment approved May 6, 1913; Stats. 1913, p. 156.] Officer not to purchase assets at discount. § 42. No officer, director, agent or other employee of any bank, shall directly or indirectly, for his own personal benefit, purchase, or be in- terested 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. [Amendment approved May 6, 1913; Stats. 1913, p. 156.] Deposit of funds in another bank. § 43, 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 vote of any director who is an officer, director, or trustee of the depositary so designated; 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 niav at anv time revoke for proper cause. [Amendment ap- proved May 6, 1913; Stats. 1913, p. 156.] Also amended April 21, 1911 (Stats. 1911, p. 1012). Loan on stock of another bank. § 44. 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; and provided, further, that no bank may Act 297, §§47-49 general laws. 884 loan more than five per centum of its assets upon the capital stock of any corporation whatsoever as collateral security. [Amendment ap- proved May 6, 1913; Stats. 1913, p. 156.] Loan on real estate. Limit on real estate loan. § 47. 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 security 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 pre- vent any bank from taking another and immediately subsequent mort- gage 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 sxibsequent liens are necessary further to secure the payment of any debts and save such bank from loss. [Amendment approved May G, 1913; Stats. 1913, p. 156.] Examination of national banks. § 48. Any national ban'k 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 examination be made; and the expense of such examination shall be paid by such national bank; and if any such national bank shall refuse to permit such exam- ination 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 withdraw its de- posits therefrom, and all such banks shall comply with such order. [Amendment approved May 6, 1913; Stats. 1913, p. 157.] Commercial bank not to advertise as savings bank. Penalty. § 49. It shall not be lawful for any commercial bank, individual, trust company, association, firm, stock company, copartnership or corporation, to advertise or put forth a sign as a savings bank, either directly or in- directly, or in any way to solicit or receive deposits or to transact busi- ness in the way or manner of a savings bank, or advertise that he or it 885 BANKS AND BANKING. Act 297, §§ 50-54 is receiving or accepting savings, or in any way which might lead the public to believe that such deposits are received or invested under the same conditions 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. Any commercial bank, individual, trust company, association, firm, stock companj^, copartnership or cor- poration, violating any provision of this section shall forfeit to this state one hundred dollars a day for every day during which such viola- tion continues. [Amendment approved May 6, 1913; Stats. 1913, p. 157.] Also amended April 21, 1911 (Stats. 1911, p. 1012). Posting certificate. § 50. Every bank shall post in a conspicuous place in its banking- room or branch office the last certificate obtained from the superintendent of banks under the provisions of either section 9 or 127 of this act. [Amendment approved May 6, 1913; Stats. 1913, p. 158.] Certified checks, § 52. 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. It shall be unlawful for any officer or employee of any bank to certify any check drawn upon such bank unless the person, firm or corporation drawing the check has on deposit with the bank at the times such check is certified, an amount of money subject to the payment of such check, equal to the amount specified in such check. 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 obliga- tions, directly or indirectly, in order to evade the provisions hereof, or who shall certify checks before the amount thereof shall have been regu- larly entered to the credit of the drawer, shall be guilty of a felony. [New section approved April 21, 1911; Stats. 1911, p. 1012.] Par value of capital stock. § 53. 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 pre- ferred stock. [New section approved April 21, 1911; Stats. 1911, p. 1016.] Real estate to be sold within five years. Appraisal of value. Notice of sale. IVIinimum price. Fees and cost. § 5J:. 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 satisfaction 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 Act 297, § 54 GENERAL LAWS. 886 ■within five years after title thereto shall have vested in it by purchase or otherwise. Parcels of such real estate not sold within said time may be purchased by any person wanting the same upon the conditions and proceedings following: The intending purchaser may file a petition iu the superior coGrt in and for the county wherein said real estate or any portion thereof is situated; 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 bank to show cause on a day certain which shall be not earlier than ten days after the service of such citation, why com- missioners should not be appointed hy said court for the purpose of ap- praising the value of the real estate described in the petition, and of selling the same at public auction under the provisions of this section. If there shall be any liens or encumbrances 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. If it shall appear aL the hearing of such peti- tion 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 which said sale shall be given to the bank owning said real estate and to anj' 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 countj' 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. 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. In case of any sale made under the provisions of this section and of the refusal of any bank owning such real estate or of any lienholder or encumbrancer to execute the conveyances or releases necessary or proper to vest the title of such bank, lienholder or encum- brancer in the purchase thereof the court shall have power in such pro ceedings to direct said commissioners to execute s«ch deeds, conveyances or releases upon the payment to them of the purchase price therefor. 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. The cost of any such proceedings shall be 887 BANKS AND BANKING. Act 297, §§ 55, 56 borne by the intending purchaser if no sale shall be made but if a sale shall be made the cost of such proceedings shall be borne by the purchaser of the property and the person who filed the petition andi advanced the costs of such proceedings shall be reimbursed in case he shall not be- come such purchaser. All sales hereunder shall be returned to the court having jurisdiction of the matter in the same manner as in the ease of sales, by commissioners, of real estate on foreclosure of mortgages. Nothing 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 real estate held by any bank, at any time, when such writing dowif shall be proper. [New section approved May 6, 1913; Stats. 1913, p. 158.]. Receiving deposits not creation of debt. "Real estate" defined. § 55. Keeeiving deposits, issuing certificates of deposit, cheeks and bills of exchange, and the like, in the transaction of the ordinary busi- ness 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 can- not be diminished to an amount less than the indebtedness of the cor- poration" in section 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. 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 1 of part 1 of divi- sion 2 of the Civil Code. [New section approved May 6, 1913; Stats. 1913, p. 159.] National reserve association. § 56. 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 surplus in the stock of such association, plan or branch thereof in accordance with the terms and provisions of such act of congress; provided, however, that such investment shall in no ease exceed the minimum amount recjuired to join or associate itself with such associa- tion, 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 Act 297, § 60 GENERAL LAWS. 888 contrary notwithstanding. [New section approved May 6, 1913j Stats. 1913, p. 160.] Capital stock of savings banks. Without capital stock. § 60. Every savings bank hereafter organized must have paid up in cash a capital stock of not less than (a) Twenty-five thousand dollars if its principal place of business is located in any locality the population of which does not exceed five thousand persons; (b) 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; (c) One hundred 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) 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 persons, but does not exceed two hundred thousand persons; (e) 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. Excepting that any savings bank organized without capital sto k must have a reserve fund of at least one million dollars. Until the capital stock or reserve fund hereinbefore required shall be actually paid in, tlie superintendent of banks shall refuse to issue the certificate re- quired by this act. The foregoing classification shall not apply to any savings bank already in existence which has received its certificate to do a banking business from tlie superintendent of banks; nor to any bank the location of which shall have been included by annexation nr consolidation within the limits of a city of a class requiring a largrr capitalization, but no bank thus excepted shall be permitted to establi-h 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 s.aid 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 su<'h city not within said exception; provided, that nothing herein shall be construed to affect the provisions of section 19 of this act relative to tin' proportion of capital and surplus to deposits or of section 23 of this at relative to the capital stock required of banks doing a departmental business. The provisions of section 23 of this acr, as to population, shall apply to any bank organized under the provisions of this section. [Amendment approved May (j, 1913; Stats. 1913. p. 160.] Also amended April 21, 1911 (Stats. 1911, p. 1012). I 889 BANKS AND BANKING. Act 297, § 61 Property savings banks may purchase. § 61. Any savings bank may purchase, hold and convey real or per- sonal property as follows: 1. 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; such lot and build- ing, furniture and fixtures, vaults and safe deposit vaults and boxes shall not, in the aggregate, be carried on the books of such bank as an asset to an amount exceeding its paid-up capital and surplus; and hereafter, tlie 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. 2. 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. Such as may have been purchased at any sales under pledge, mort- gage 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 discharge of loans made thereon. No savings bauk shall purchase, own, or sell personal property, except such as may be requisite for its immediate accommoda- tion for the convenient transaction of its business, notes or bonds secured by trust deeds or mortgages on real estate, bonds, securities 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. No savings bank shall purchase, own, hold or convey bonds, securities or evidences of indebtedness, public or private, except as follows: (a) 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 interest; (b) 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 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) Bonds of any county, city and county, city or school district of this state; bonds of any permanent road division in any county issued in pursuance of the provisions of article 9, chapter 2, title 6, part 3 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; provided, that the total amount of bonds so issued by any such sewer district, drainage district, protection dis- trict, or sanitary district, does not exceed fifteen per centum of the value of the taxable property in said district as shown by the last equal- Act 297, § Gl GENERAL LAWS. 890 ized 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 owii or to be acquired or constructed with the proceeds of any of such boi. .-. 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. (e) Bonds of any county, citj' 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, r.iy or town, had, as shown by the federal or state census next precedi^^' such investment, a population of more than twenty thousand inhali itants; provided, however, that the entire bonded indebtedness of su' h county, city and county, city or town, including such issue of boii !< does not exceed fifteen per centum of the value of the taxable property therein as shown by its last equalized assessment-roll; and provii!' i. further, that such county, city and county, city or town, or the sta:<' in which it is located has not defaulted in payment of either principal or interest due upon any legally authorized bond issue within five years next preceding such investment. (f) (1) Bonds of any railroad corporation incorporated under the laws of the state of California and operating exclusively therein, pro- vided said corporation has had, for its fiscal year next preceding su li investment, net earnings, after pajment of all maintenance charge-;, operating expenses and taxes sufficient to pay the interest on all of it^ outstanding mortgage indebtedness; or (2) Bonds of any railroad corporation incorporated under the lav.-- of any other state in the United States, operating at least five hun^lr. 1 miles of standard gauge track exclusive of sidings; provided, said cor poration has had for its fisca'l year next preceding such investment, i.' t earnings after the payment of all maintenance charges, operating i^x- penses and taxes, amounting to at least one and one-half times the in- terest on all its outstanding mortgage indebtedness; or (3) Bonds of any railroad corporation, the payment of which has been guaranteed, both as to principal and interest, by a railroad corporation meeting the requirements of either subdivision (1) or (2) of paragraph (f) of this section; the income of which latter corporation, together with the income of any corporation whose bonds it has guaranteed, shall have been sufficient to pay all its maintenance charges, operating ex- penses, taxes and interest on all its outstaiuling mortgage indebtedness and, in addition thereto, interest on the total outstanding mortgage in- debtedness of any other corporation the payment of which it has guar- anteed, for the periods 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 891 BANKS AND BANKING. Act 297, § 61 charges, operating expenses, taxes and interest on its outstanding mort- gage indebtedness, shall not apply to or be included in determining the income so required. In determining the income of any corporation specified in paragraph (f) of subdivision (3) of this section, there shall be included 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. All bonds authorized for investment by paragraph (f) of sub- division 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 mort- gage 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 corporation then owning said property. No savings bank shall purchase the bonds of any railroad corporation deriving less than twenty per centum of its gross receipts from passenger revenues. The term "railroad corporation," when used in paragraph (f) of subdivision (3) of this section, shall have the meaning defined in the "Public Utilities Act" approved December 23, 1911. (g) 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 corporation or of any other "public utility" incorporated under the laws of the state of Cal- ifornia; and (1) Operating exclusively in the state of California; provided, said corporation has had. for its fiscal year next preceding such investment, net earnings, after the payment of all maintenance charges, operating expenses and taxes, amounting to one and one-half times the interest on all its outstanding mortgage indebtedness; or (2) Operating its property in part within the state of California; pro- vided, said corporation has had, for each of its two fiscal years next preceding such investment, net earnings, after the payment of all main- tenance charges, operating expenses and taxes, amounting to one and one-half times the interest on all of its outstanding mortgage indebted- ness; or (3) 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 in- come of which latter corporation, together with the income of any cor- poration whose bonds it has guaranteed, shall have been suflieient 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 indebtedness of any other corporation the payment of which it has guaranteed, for the period specified in the respective subdivisions of this paragraph relating Act 297, § 61 GENERAL LAWS. 892 thereto; provided, that the excess of income of any corporation whose bonds have been so guaranteed, over its maintenance charges, operating expenses, taxes ana interest on its outstanding mortgage in- debtedness shall not apply to or be included in determining the income so required. In determining the income of any corporation specified in paragraph (g) of subdivision (3) of this section, there shall be included the income of any corporation or corporations out of which it shall have been formed through consolidation or merger, and of any cor- poration the entire business and income producing property of which the corporation issuing such bonds has wholly acquired. All bonds author ized for investment by paragraph (g) of subdivision (3) of this sec- tion must be secured by a mortgage or trust deed which is at the time of making such investment; either I. A closed first mortgage or deed of trust; or II. A first mortgage or deed of trust containing provisions restricting the issuance of further bonds until such time as the income of said cor- poration shall have been at least sullicient, during the twelve months next preceding the issuance of any additional bonds, to pay all main- tenance charges, operating expenses, taxes and one and one-half times the interest on all its mortgage indebtedness then outstanding and on the additional tjonds then proposed to be issued; or III. A refunding mortgage or deed of trust providing for the retire- ment of all prior lien mortgage debts of said corporation, and restricting the issuance of further bonds until such time as tlie income of said cor- poration shall have been at least sullicient, during the twelve months next preceding the issuance of any additional bonds, to pay all main- tenance charges, operating expenses, taxes and one and one-half times the interest on all its mortgage indebtedness then outstanding, and on the additional bonds then proposed to be issued; or IV. An underlying or divisional closed mortgage or trust deed of property which forms a part of the operating system of the corporation then owning said property. In the case of bonds secured by an under- lying or divisional closed mortgage or trust deed, the net income re- quired by this section shall be based exclusively upon the income, maintenance charges, operating expenses, taxes and mortgage indebted- ness 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 indebtedness of the corporation then own- ing such property; provided, however, that if the payment of the bonds secured by such underlying or divisional 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, not- withstanding any insufficiency of the income derived from the property 893 BANKS AND BANKING. Act 297, § 61 covered ty such underlying or divisional closed mortgage or trust deed to meet the requirements of this section. The term "street railroad corporation," "pipe-line corporation," "gas corporation," "electrical corporation," "telephone corporation," "tele- graph corporation," "water corporation," and "public utility," when used in paragraph (g) of subdivision (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 mortgage or deed of trust or other first lien upon real estate, improved or unimproved; provided, that the entire 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 improve- ments thereon taken as security. (i) Collateral trust bonds or notes when secured by either: (1) Deposit of bonds authorized 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) Deposit 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 rep- resented by bonds authorized for investment by this section. (j) Bonds legal for investment by savings banks in the states of Xew York or Massachusetts; provided, however, that as to bonds of the char- acter 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) 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 conferring participation to an indicated amount in a first mortgage on real estate and the debt secured thereby, and guaranteeing the payment 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, however, 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 indebtedness 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 Act 297, §61 GENERAL LAWS. 894 such mortgage and mortgage debt does not exceed the principal of the said mortgage debt; but provided, nevertheless, that, unless such cer- tificates are made legal investment for savings banks by other law of this state, no savings banks 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 investment 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 ap- praisement of any title insurance or abstract company, attorneys or ap- praisers which may be presented by such corporation so applying, and the reports of any of the executive oflHcers 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 cor- poration issuing the same. In lieu of or in addition to such opinions, appraisements and reports, the superintendent of banks maj', 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. 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. 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 aflfectcd 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. Anj"^ bonds authorized by this section as a legal investment for savings banks maj' 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 liave a market value less than the or- iginal 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 determine, 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. Xo savings bank shall hereafter purchase or loan money upon any bond, note or other evidence or indebtedness, issued by any "public 895 BANKS AND BANKING. Act 297, § 61a utility," subject to the jurisdiction, regulation or control of the railroad commission of this state under the provisions of the "Public Utilities Act," approved December 23, 1911, unless each such bond, note or other evidence of indebtedness was either: (a) Issued prior to the taking effect of the "Public Utilities Act"; or (b) Issued under authority of the railroad commission, in accordance 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. No provision of this act. and no act, or deed, done or performed under or in connection therewith, 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 guar- antee 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 super- intendent of banks as being in conformity with the requirements of any paragraph of subdivision (3) of this section. [Amendment approved May 6, 1913; Stats. 1913, p. 161.] Also amended April 21, 1911 (Stats. 1911, p. 1004). Superintendent of banks may investigate bonds. Expenses. Opinion of attorneys. § 61a. The superintendent of banks- shall have power, when any issue of bonds or securities is presented to him for that purpose, to in- vestigate and ascertain whether such bonds or securities come within and fully conform to all the requirements 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 investigate 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. The actual expense of investigating any issue of bonds or securities so presented shall be paid by the person or corporation pre- senting the same for investigation, 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 superin- tendent of banks may accept and act upon the opinions and appraise- ments of any attorney's or appraisers which may be presented by such person or corporation so applying, and the reports of any of the execu- tive officers of the corporation 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 corporation issuing the same. In lieu of or in addition to such opinions, appraisements and reports, the superin- tendent of banks may, if he deems proper, have any or all such mat- ters passed upon and certified to him by attornej'^s, appraisers or ac- countants of his own selection at the expense of the applicant. If the Act 297, §§ 62-64 general laws. 896 superintendent of banks shall find from such inrestigation that the bonils or securities so presenteil come within and fully conform to all the re- quirements of any of said paragraphs of subdivision (3) of section 61 of this act, and is satisfied from such investigation as to such franchise conditions, he shall so certify, otherwise a certificate shall be refuse!. The superintendent of banks shall keep an official list of all bonds and securities certified by him. [New section approved May 6, 1913; Stats. 1913, p. 168.] Savings banks not to trade in real property. Savings banks borrowing money. § 62. No savings bark 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 liabil- ity, for any purpose whatever than for deposits, except as in this section] provided. Savings banks may pay regular depositors, when requested by them, by draft upon deposits to the credit with their banks, and charge cur- rent rate of exchange for such drafts. No savings bank shall borrow money, or pledge or hypothecate any' of its securities, except to meet the immediate demands of its owni 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 ^yes 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, counties,, cities and counties, and towns and receive such public moneys on deposit; provided, also, that savings banks may in the manner authorized 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. [Amendment approved April 21,' 1911; Stats. 1911, p. 1013.] Time and condition of repayment of deposits. Reserve fund. § 64. Each savings bank must prescribe by its by-laws, or by con- tract with its depositors, the time and conditions on which repayment is to be made to depositors, except as 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 withdraw 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 897 BANKS AND BANKING. Act 297, § 65 of call has ceased. 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 construed as prohibitory thereof. The assets of any such bank are a security to its depositors. Any such bank organized without capital stock, may provide by its by-laws for the disposal of any amount in its reserve 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. [Amendment approved May 6, 1913; Stats. 1913, p. 168.] No loan to officer. Record of loan. Loan to employee. Penalty. § 65. No loan shall be made, directly or indirectly, to any director or officer of any savings bank by such bank or on the indorsement, surety or guaranty of any such officer or director, 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 making 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, stock- holder, or director of the corporation 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 re- ported in writing by the cashier or secretary of such savings bank to the superintendent of banks. 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 loan, 57 Act 297, §§ 66, 67 general laws. 898 the rate of interest thereon, the time when the loan will become 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, «hall be guilty of a felony. In case of the neglect or fail- ure of the secretary or cashier of any such bank, to report to the superintendent of banks, as herein provided, any of the facts so re- quired to be reported, the bank shall be liable therefor and shall forfeit to the people of the state of California twenty-five dollars per day for each day, or part thereof, during which such neglect or failure con- tinues. [Amendment approved May 6, 1913; Stats. 1913, p. 169.] No loan exceeding fifty per cent of stock. Renewal of loan. § 66. No savings bank shall hereafter make any loans to any per- son, 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 saving* 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 twentj'-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 exceeding its paid-up capital and surplus, if each such loan in all other respects conforms to the provisions of this act. The renewal or extension 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 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. For the purposes of this section an indorser or guarantor shall be deemed to be a borrower. [Amendment approved May 6, 1913; Stats. 1913, p. 170.] Limitation on loans. § 67. 1. No savings bank shall loan money except on adequate secur- ity 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. Not more than five per cent in bonds. 2. 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 899 BANKS AND BANKING. Act 297. § 67 county, city and county, city or school district in this state, or bonds of any irrigation district such as are legal for investment by savings banks. Loans on bonds. 3. 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, unless such bonds shall have a market value of 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 sliall 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 property 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, unless 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. Loans on real estate. 4. No savings bank shall make any loan on the security of real estate, except it be a first lien, and in no event to exceed 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 sav- ings bank; provided, that a second lien may be accepted to secure the repayment of a debt previously contracted in good faith; and, pro- vided, also, that any savings bank holding a first mortgage or deed of trust on real estate may take or purchase and hold another and imme- diately 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. No loans on mining stock. 5. 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 Act 297, §§ 68, 681/2 GENERAL LAWS. 900 stock. Any president or managing officer who knowingly consents to a violation of any provision of this section shall be guilty of a felony. [Amendment approved May 6,^913; Stats. 1913, p. 170.] Reserve of savings banks. Deposits with commercial banks. § 68. 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 law- ful 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, however, that no savings bank or savings department shall be required to maintain in its own keeping a lawful money reserve in excess of four hundred thou- sand 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 any commercial bank, or commercial dcjiartment of a bank, on open account, to facilitate business transactions, as provided in this section, shall be permitted, 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 superintende-nt of banks. Not more than fifteen per centum of the deposits of any savings bank shall be deposited with all other banks, except with the consent of the superintendent of banks. No savings bank or savings department shall receive deposits of other banks other than savings deposits and such deposits sliall 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. [Amendment approved May 6, 1913; Stats. 1913, p. 171.] Also amended April 21, 1911 (Stats. 1911, p. 1007). Deposits of deceased persons may remain in savings banks. § 68|. 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 admin- istrator, 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 admin- istration. Such deposit, whether made by the decedent or a public administrator, shall relieve the public administrator from depositing the same with the county 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 901 BANKS AND BANKING. Act 297, § 80 judge of a superior court, when required for tlie purpose of administra- tion or otherwise. [New section approved April 21, 1911: Stats. 1911, p. 1007.] Loans of conmiercial banks. § 80. 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: Without security. 1. Ten per centum without security, except where such capital stock and surplus is less than twenty-five thousand dollars, in which event an amount not to exceed twenty per centum of such capital stock and surplus may be loaned without security, 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 dol- lars 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, With security. 2. Fifteen per centum, in addition to the amount that may be loaned under the provisions of subdivision 1 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 waj"^ within one note, or notes; or, With security. Loans on bills of lading, etc. 3. Twenty-five per centum upon security worth at least fifteen per centum more than the amount of its loans so secured; provided, how- ever, that when secured loans to this amount or anj" amount in excess of fifteen per centum are made, then no unsecured loans shall be per- mitted in addition to such secured loans. 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 actually owned by the person, firm, copartnership or corporation negotiating the same, an amount not exceeding 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. Act 297, § 82 GENER.\L LAWS. 902 and the discount of commercial or business paper actually owned by the person, firm, copartnership or corporation negotiating the same, shall not be considered as money borrowed by the person, firm, copartnership or corporation selling or discounting the same. [Amendment approved May 6, 1913; Stats. 1913, p. 172.] Also amended April 21, 1911 (Stats. 1911, p. 1014). Capital stock. § 82. Every commercial bank hereafter organized must have paid up in cash a capital stock of not less than, (a) Twenty-five thousand dollars if its principal place of business is located in any locality the population of which does not exceed five thousand persons; (b) 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; (c) One hundred 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) Two hundred thousand dollars if its principal place of business is located in any city the population of which is more than one hun- dred thousand persons but does not exceed two hundred thousand per- sons; (e) 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. Not applicable to existing 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 an}' 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 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 re-cjuired of banks in such citj^ 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 re- quired of banks doing a departmental business. The provisions of sec- tion 23 of this act, as to population, shall apply to any bank organized 903 BANKS AND BANKING. Act 297, § 83 under the provisions of this section. [Amendment approved May 6, 1913, Stats. 1913, p. 173. J Also amended April 21, 1911 (Stats. 1911, p. 1014). Loans to officers, etc. Credit to director. Particulars of loan reported. Penalty. § 83. No loan shall be made, directly or indirectly, to any officer of any commercial bank by such bank, or on the indorsement, surety, or guaranty of any such officer, except as hereinafter provided in this sec- tion. Loans to any director, agent, or other employee, or to any firm, copartnership, or corporation of which any director, officer, 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 authoriza- tion of, or confirmation within thirty days after making 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 con- firming 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 succeeding 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 employee, 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 author- ization 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. The fact of making such loan, the names of the directors authorizing such loan, the name of the director, agent, or employee, obtaining such loan, or the name of the firm, copartnership 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. Any officer, director, agent, or employee of a commercial bank, who knowingly procures a loan from such commercial Act 297, §§ 84-90 general laws. 904 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 California twenty-five dollars per day for each day, or part thereof, during which such neglect or failure continues. [Amendment approved May 6, 1913; Stats. 1913, p. 174.] Also amended April 21, 1911 (Stats. 1911, p. 1015). Investment in building. § 84. 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. [Amendment approved May 6, 1913; Stats. 1913, p. 175.] This section added April 21, 1911 (Stats. 1911, p. 1016). Trust companies. Capital. Deposits. Segregation of capital and surplus. Oaths. Not guardian of person. Powers of foreign corporations. § 90. Any corporation which has been or shall be incorjiorated under the general corporation 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 per- mitted 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 conducting business in an}' such capacity, or trust business of any character per- mitted 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, and any corporation which has been or shall be incorporated under the general corporation laws of this state, which is authorized by its articles of incorporation to act 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 permitted by law, which has its principal place of business iu 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. 905 BANKS AND BANKING. Act 297, § 90 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 char- acter 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. Any such trust company may, as provided in this act, accept 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 provided for in this act, or permitted by any law of this state, to be taken, accepted or executed by an individual. Any such trust company, if located in a city the population of which does not exceed 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 com- pany shall, under the provisions of sections 96 and 9S of this act, be re- quired to make the first additional deposit of securities with the state treasurer, such trust company must also apportion and set aside an addi- tional fifty thousand dollars of paid-up capital as security for the faith- ful 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, 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 execution of all private trusts accepted by it and must ^so 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; provided, that no such trust company shall at any time be required to apportion and set aside any portion of its surplus as security for the faithful performance of such private trusts, nor shall it be prohibited from so doing; 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 sepa- rate capital or capital and surplus of each respective kind or class of busi- ness, as though the same were conducted by separate and distinct cor- porations, 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 Act 297, § 91 GENERAL LAWS. 906 set aside. In all cases in wliich it is required that an executor, admin- istrator, 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 corporation 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 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 acting 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. No foreign corpora- tion shall have or exercise in this state the power to act as trustee under any mortgage, deed of trust, or other instrument securing 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 business under the laws of this state, for the following purposes with reference 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 cancel 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 exchanging registered bonds for coupon bonds. [Amendment approved May 6, 1913; Stats. 1913, p. 175.] Deposit of trust funds by executor, etc. § 91. Any court having jurisdiction 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 hav- ing 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 thereafter, 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 further care or responsibility therefor. Such deposit shall be paid out onlv upon the order of said court. [Amendment approved May 6, 1913; Stats. 1913, p. 178. J 907 BANKS AND BANKING. Act 297, §§ 92-95 Deposit of trust funds by public administrator. § 92. Any public administrator may deposit any or all moneys of any estate upon wliieh. he is administering, 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 administrator. 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 ad- ministrator from depositing with the county treasurer the moneys so deposited with such trust company. 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. [Amendment approved May 6, 1913; Stats. 1913, p. 178.] Court may order deposit. § 93. Any court having jurisdiction of any estate in process of ad- ministration, or any other proceeding, ma}', 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 trustee, 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, admin- istrator, guardian, assignee, receiver, depositary or trustee so selected or appointed, whether such person has duly qualified or not to deposit with any such trust company, 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 com- panv, under the order and direction of said court. [Amendment ap- proved May 6, 1913; Stats. 1913, p. 178.] No bond required. § 94. Such trust company shall not be required to give any bond or security in case of any appointment or deposit of monej's 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. [Amendment approved May 6, 1913; Stats. 1913, p. 179.] Interest on deposits. § 95. Such trust company shall pay interest upon all moneys so de- posited with it at such rate as may be agreed upon at the time of its Act 297, § 96 GENERAL LAWS. 908 acceptance of any such deposit, or as shall be provided by the order of court and agreed to by such trust company. [Amendment approved May 6, 1913; Stats. 1913, p. 179.] Security deposit with state treasurer. Securities acceptable. Exchange of securities. § 96. Any such trust company, if its principal place of business is situated in a city the population of which docs 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 thou- sand 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 per- formance and execution of all private trusts accepted by it; and when- ever 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 with the state treasurer an additional fifty thousand dollars as security for the faithful performance and execution 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 ac- cepting any such appointment or deposit, shall deposit with the state treasurer, as herein provided at least one hundred 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 one hundred thousand dollars as security for the faithful performance and execution of all private trusts accepted by it. 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 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 worth at least double the amount of such lien. Such money or securities shall be first approved by the superintendent of banks and, upon his written order, deposited with the state treasurer for the respective purposes herein specified, and said treasurer shall give his receipt therefor, and thereafter, subject to the provisions of this act, shall hold such deposits of money or securities 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 dcpositetl, 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. Said securities or money so deposited maj-, with the approval of the superintendent of banks, be withdrawn or exchanged 909 BANKS AND BANKING. Act 297, §§ 97, 98 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 securities and money shall be subject to sale and transfer, and to the disposal of the proceeds by said state treasurer, only on tbe order of a court of competent jurisdiction and for tlie benefit respectively of the beneficiaries of that class of trust business for the security and protection of which the same were deposited. [Amendment approved May 6, 1913; Stats. 1913, p. 179.] Also amended April 21, 1911 (Stats. 1911, p. 1015). Mortgage of building. § 97. Any such trust company, having a capital and surplus of two hundred thousand dollars or more apportioned and set aside as security for the faithful performance 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 per- mitted by the superintendent of banks to mortgage such lot and build- ing to the state treasurer 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 in- cluded in the amount of securities herein required to be deposited with said treasurer as security for the faithful performance of all such court trusts. [Amendment approved May 6, 1913; Stats. 1913, p. ISO.] Wlien trust funds exceed five hundred thousand dollars. When trust funds exceed one million dollars. Treasurer's receipt. "Trust funds" defined. Penalty. Validity of facts. § 98. 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 persons, receives from court trusts accepted by it, trust funds, as herein defined, to the amount of five hundred thou- sand dollars, it shall forthwith notify in writing the superintendent of banks of puch fact, and within thirty days thereafter shall deposit with the state treasurer additional money or securities of the character men- tioned and defined in section 96 of this act, approved as therein pro- vided, 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 further notify in writing the superintendent of banks of such fact and within thirty days thereafter shall deposit with the state treasurer additional money or securities of the character men- tioned 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 Act 297, §99 GENERAL LAWS. 910 deposit in the amount of twenty-five thousand dollars of such money or securities, or of securities provided for in section 97 of this act likewise approved, shall be made, within thirty days thereafter, by such trust companj' with said state treasurer. The treasurer shall give his receipt for any money or securities so deposited and each and all of said de- posits 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 se- curity and protection of which same were deposited. The state shall be responsible for the custody and safe return of any money or securities so deposited with said state treasurer. 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. Any trust company failing to comply with the provisions of this section shall forfeit to the state of California one hundred dollars a day for each day during which such failure or default shall continue. Upon making a request in writing to the superintendent of banks, any such trust company shall be entitled to withdraw from the state treas- urer, from time to time, a suflicient amount of such securities so that at all times the amount of such securities 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 writing, and satisfactory proofs of the facts warranting such witlidrawal, it shall be the duty of the superintendent of banks to forthwith deliver to the state treasurer a written order di- recting 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. The validity or legality of any act or proceeding clone or taken by any such trust company, relating to or in connection with the administration 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 pro- visions 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 oc- curred. [Amendment approved May 6, 1913; Stats. 1913, p. ISl.] Abstract of title. Fees. § 99. 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 un- limited certificate of title or a policy of title insurance prepared or 911 BANKS AND BANKING. Act 297, §§ 100-102 issued by a person, company or corporation 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 examined and approved by or under the direction of said superintendent 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 dol- lars for each mortgage or deed of trust. [Amendment approved May 6, 1913; Stats. 1913, p. 182.] Paid-up capital required. § 100. [Repealed May 6, 1913; Stats. 1913, p. 182.] Classification of trusts. Court trust. Private trust. § 101. 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. A court trust is one in which any such trust company acts under ap- pointment, order or decree of any court, as executor, administrator, guardian, assignee, receiver, depositary or trustee, or in which it receives on deposit from a public administrator, under any provision of this act, or from any executor, administrator, guardian, assignee, receiver, de- positary or trustee, under any order or decree of any court, money or property. Any other trust is a private trust. The inspection and super- vision of the superintendent of banks shall extend only to court trusts as herein defined. Private trusts shall not be subject to the inspection or supervision of the superintendent of banks, his attorneys, examiners or other assistants. 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 description of the court trusts held by it, the source of appointment thereto, the authority by which the appointment or deposit was made, and the amount of real or personal property held by such trust company by virtue thereof. [Amendment approved May 6, 1913; Stats. 1913, p. 182.] Discontinuance of trust business. § 102. Any corporation which desires to withdraw from and discon- tinue 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 re- turn to said corporation 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 Act 297, §§ 103-106 general laws. 912 not be permitted to use and shall not use the word "trust" in its cor- porate name or in connection with its business. [Amendment approved May 6, 1913; Stats. 1913, p. 183.] Secrecy of communications concerning private trusts. § 103. Any trust company e-xercisiug the powers and performing the duties provided for in this act, shall, cxcejit as herein otherwise provided, keep inviolate all communications and writings made to or by said trustee touching the existence, condition, management 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 touching the existence, condition, management or administration of any such trust, the court wherein the same is pendinjf may require disclosure of anv such communication or writing. [Amend- ment approved May 6, 1913;"^Stats. 1913, p. 183.] Word "trust" prohibited to whom. Effect of use of word "trust." § 104. [Repealed May 6, 1913; Stats. 1913, p. 183.] Investment of capital, etc. § 105. 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 rela- tive to the investment or loan of funds deposited with savings baaks, unless a specific agreement to the contrary is made between the trust company and the party creating the trust, or unless it is otherwise or- dered by the court, in connection with any court trust. [Amendment approved May 6, 1913; Stats. 1913, p. 183.] Trust company doing commercial business. § 106. 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. Any title insurance company author- ized 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 extent as though each such de- partment or class of business was conducted by a separate bank, trust company or title insurance company, instead of as separate depart- 913 BANKS AND BANKING. Act 297, §§ 107-121 ments or classes of business. Any trust company and any title insur- ance company doing a departmental business as above provided shall fomply with the provisions of this act governing each of such depart- ments and with the provisions of any law governing each such class of business as to its deposits, reserve, surplus, investments and loans. [Amendment approved May 6, 1913; Stats. 1913, p. 184.] Departmental business as title insurance company and as trust company. § 107. Any corporation doing a departmental business as a title insurance company and as a trust company, shall, as to its trust depart- ment, be subject to the supervision and inspection of the superintendent 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 corpora- tion shall also be subject to, and shall have the benefit of all other ])rovisions 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 department of this state apf>licable to trust companies. The proportionate 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 cap- ital and surplus' of such corporation apportioned to its trust department. [Xew section approved May 6, 1913; Stats. 1913, p. 181.] State banking department superintendent appointed by governor. § 120. 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 commercial 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 controller. He shall, within fifteen days from the time of notice of his appointment, take and sub- scribe 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 by the governor of the state, condi- tioned for the faithful discharge of the duties of his office. [Amend- ment approved February 6, 1911; Stats. 1911, p. 7.] Employees of superintendent of banks. Compensation. In case of va- cancy. Not to borrow from banks. § 121. 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 assistants or attorney shall -be interested in any bank in this state as director, stockholder, officer or employee, and they 58 Act 297, § 123 GENERAL LAWS, 914 shall perform such duties as he shall assign to them. He shall fix the compensation of the chief deputy, attorney, examiners and other assist- ants, which compensation shall be paid monthly on his certificate and on the warrant of the controller out of the state treasury. 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 ex- perience, either as an executive officer or employee of some bank in tliis 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 sure- ties to be approved by the controller and treasurer of the state, condi- tioned for the faithful discharge of the duties of the superintendent while such deputy acts as superintendent, and upon filing such bond such deputy shall have all the power and duties of superintendent of banks, until the inability of the superintendent shall be removed, or until a new superintendent of banks shall have been appointed by the governor. No superintendent of banks, chief deputy, or bank exam- iner, shall be or shall become indebted, directly or indirectly, either as borrower, indorser, surety, or guarantor, to any bank nnder his super- vision or subject to his examination. [Amendment approved May 6, 1913; Stats. 1913, p. 184.] Also amended April 21, 1911 (Stats. 1911, p. 1017). State banking fund created. Revolving fund. § 123. A fund is hereby created to be known as the state banking fund, and out of said fund shall be i)aid all the expenses incurred in and about the conduct of the business of the banking department, in- cluding the salary of the superintendent, chief deputy, attorney, exam- iners and other assistants, traveling expenses, furnishing of rooms and rent. Each bank shall pay annually its share of eighty-seven thousand five hundred dollars, to be determined by the proportion which the capital and surplus which shall include all reserve and contingent funds, of any incorporated bank or the surplus, reserve and contingent fund> of any bank organized without a capital stock bear to the capital, sur- plus, reserve and contingent 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 collected 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 here- tofore paid into the state treasury by any of the bank commissioners or the superintendent of banks, shall be retained and become a part of s^id fund; provided, however, that the superintendent shall have author- 915 BANKS AND BANKING. Act 297, § 124 ity to retain in his possession and under his control the sum of five lumdred dollars to be used by him as a revolving fund for the benefit of the state banking department until the end of the fiscal }-ear 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. [Amendment approved May 6, 1913; Stats. 1913, p. 185.] Also amende4 April 21, 1911 (Stats. 1911, p. 1015). Inspection of banks. Extra examinations. May administer oaths. Audit. § 124. Every bank and trust department of every title insurance companj'- doing a trust business, shall be subject to the inspection of the superintendent of banks. 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 ex- amine every bank at least once each fiscal year. On ever}' such examination inquiries shall be made by him as to the condition 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 complied with in the administration of its affairs, and as to such other matters as the superintendent may prescribe. Whenever, in the judgment of the super- intendent 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. 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 purpose 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 superintendent may prescribe. The superintendent, chief deputy, and every such examiner shall have the power to administer an oath to any person whose testimony he may require on the examination of any bank, or on the examination of any agency of any foreign bank or banking corporation, and to compel appearance and attendance of any such person for tlie purpose of any such examination. 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 author- ized to employ appraisers at the expense of such bank to appraise said 1 Act 297, §§ 127, 128 general laws. 916 securities, at a compensation to be fixed by the superintendent of banks. 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. Nothing herein shall be deemed to authorize or require the superintendent of banks to inspect or super- vise the private trust business or title insurance business of any cor- poration doing a trust business. [Amendment ai)proved May 6, 1913; Stats. 1913, p. 186.] Also amended April 21, 1911 (Stats. 1911, p. 1016). Certificate to transact business. § 127. 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 legitimate objects contemplated by this act or whenever he has reason to believe that the public convenience and advantage will not be promoted by the opening of such bank, or whenever he has reason to lielieve that the corporate name assumed by such bank, by reason of the use by it of an}' 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. Before issuing such certificate the superin- tendent of banks shall examine, or cause an examination to be made, in order to ascertain whether the requisite caiiital of such bank has been paid up in cash or the requisite reserve or surplus fund has been ac- cumulated. The superintendent of banks shall not authcfiize such banks 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 accumulated 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. [Amendment approved May 6, 1913; Stats. 1913, p. 187.] Issuance of certificate. § 128, 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 superintendent of banks, provided he has not withheld granting his cer- tificate for any of the reasons set forth in section 127 hereof, shall ascer- tain, 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 917 BANKS AND BANKING. Act 297, § 130 bank is proposed to be located, and, if so satisfied, he shall, within sixty days after such application has been made to him, issue, under his hand and official seal, the certificate of authorization required by this act. The superintendent of banks shall transmit a duplicate of such certificate of authorization to the county clerk of the county in which the principal place of business of such bank is located, and he shall file the same in his office. The superintendent of banks shall also file a duplicate of such certificate in his own office. [Amendment approved May 6, 1913; Stats. 1913, p. IS".] Report to superintendent of banks. § 130. 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 superintendent, and shall specify the follow ing: • 1. The amount of its capital stock and the number of shares into which it is divided. 2. The names of the directors and the number of shares of stock held by each. 3. The total amount of capital actually paid in, in cash, and the total amount of surplus, reserve and any other funds. 4. The total amount due the depositors. 5. The total amount and character of any other liabilities it may have. 6. The amount at which the lot and building occupied 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, m what counties situated, and in what name the title is vested, if not in the name of the bank itself. 7. 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 ease 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. The amount invested in bonds, designating the name and amount of each particular kind. 9. The amount loaned on stocks and bonds, designating each par- ticular class and the amount thereof. 10. The amount of money loaned on other securities, with a particular designation of each class and the amount loaned on each. 11. The amount and kind of money on hand or deposited in any other bank or place, with the name of the place where deposited and the amount in each place. Act 297, §§ 130a, 131 general laws. 918 12. Any other property held, or any amount of money loaned, de- posited, invested 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. The date on which examination 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. 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 superintendent of banks. 15. Any overdrafts and any loans, investments, acts or omissions viola- tive of or not in conformity with any provision of this act which may be specifically called for. 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 corporation in 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 au-« thorized oflScers or managers residing in this state. The oaths of the officers and the statements above required shall state that they and ear-h of them have a personal knowledge of the matters therein contained, and that they believe every allegation, statement, matter, and thing therein contained is true. Any willful false statement in the premises shall be perjurv and shall be punished as such. [Amendment approved May 6, 1913'; Stats. 1913, p. 188.] Special reports. § 130a. In addition to the information contained from the report re- quired 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 ruch special report is necessary to inform him fully of the actual financial condition and aflfairs of such bank. Any willful false statement in the premises shall be perjury and shall be punished as such. [New section approved May 6, 1913; Stats. 1913, p. 189.] Three reports each year. § 131. The su]ierintendcnt of banks shall call for the rejKirts specified by section 130 of this act at least three times each year. The "past day designated by the supcriulendeut" of banks under the provisions of sec- tion 130 of this act shall be as nearly as possible the day designated by the controller of currency of the United States for reports of national banking associations. [Amendment approved Mav 6, 1913; Stats. 1913, p. 189.] 919 BANKS AND BANKING. Act 297, § 133 When capital is impaired. Assessment. Public sale. Private sale. § 133. Whenever it shall appear from the report of an)' 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 deficiency so appearing within sixty ilays after the date of such requisition. The directors of every such bank, upon which such requisition shall have been made, shall levy an assessment upon the stock thereof to repair such deficiency, and shall cause notice of such requisition to be given to each stockholder of the bank and of the amount of the assessment which he must pay for the purpose of making good such deficiency, by a written or printed notice mailed to such stockholder at his last known address or served personally upon him. If any stockholder shall refuse or neglect to pay the assessment speci- fied in such notice within thirty days from the date of mailing or serv ing 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 principal place of business 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 daj' fixed for such sale; or 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 personally 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 assessment 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 stockholder; 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 determination 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 per- son or persons whose stock has thus been sold. A sale of stock as herein provided shall effect an absolute cancellation of the outstanding certifi- cate 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 Act297, §§ 134-135a general laws. 920 purchaser thereof. [Amendment approved May 6, 1913; Stats. 1913, p. 189.] Also amended April 21, 1911 (Stats. 1911, p. 1016). Violation of law by bank. § 131. 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 conducting business in an unsafe or injurious manner, he may, in like manner direct the discontinuance of any such unsafe or injurious practices. Such order shall require such bank to show cause, before the superintendent of banks, at a time and place to 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 conduct- ing 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. Such bank shall have ten days after any such order is made final in which suit may be commenced to restrain en- forcement of such order, and unless such action be so commenced 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. [Amendment approved May 6, 1913; Stats. 1913, p. 191.] Superintendent of banks may call stockholders' meeting. § 135. Whenever 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. AH necessary expense incurred in the serving of such notice shall be borne by the bank whose stockholders are required to convene. [New section approved May 6, 1913; Stats. 1913, p. 191.] § 135 as originally enacted was repealed May 6, 1913 (Stats. 1913, p. 191). Action to dissolve bank violating law. § 135a. 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 examiner, or if any officer thereof shall lefuse to be examined upon oath touching 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 examination or report provided for by this act the superintendent of banks shall conclude that such bank is in an unsound or unsafe comli- 921 BANKS AND BANKING. Act 297, § 136 tion to transact the business for which it is organizefl, or that it is un- safe and inexpedient for it to continue business, an action to procure a judgment dissolving such corporation may be maintained by the super- intendent of banlvs. [New section approved Mav 6, 1913: Stats. 1913, p. 191.] Superintendent of banks may take possession of bank violating law. Resumption of business. Collection of debts. Action against stock- holders. Lictuidation. § 136. 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 unau- thorized manner, or if the capital of any bank is impaired, or if any bank shall refuse to submit its books, papers and concerns to the inspec- tion of any examiner, or if any officer thereof shall refuse to be exam- ined upon oath touching 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 forth- with take possession of the property and business of such bank and re- tain such pdlsession until such bank shall resume business, or its aifairs be finally liquidated as herein provided. On taking possession of the property and business of any such bank the superintendent of banks shall forthwith ^ive notice of such fact to any and all banks, trust com panies, 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, ad- vance or clearance 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. Such bank may, with the consent of the superintendent of banks, resume business upon such conditions as may be approved by him. Upon tak- ing possession of the property and business of any such bank the super- intendent 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 herein- after provided. 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 improbable that recovery thereon can be had and that the costs of actions to en- force collection of the same would probably be lost, the court may direct Act 297, § 136 GENERAL LAWS. 922 that suits thereon need not be brought. On like order he may sell any real or personal property of such bank on such terms as the court shall direct; and may, if necessary to pay the debts of such bank, enforce the constitutional individual liability of stockholders by action to be brought within three years after the date of his taking possession of the affairs of such bank. The superintendent of banks shall determine the neces- sity of such action and the amount necessary to recover from the stock- holders to fully pay all liabilities of such bank. Such action may be in equity and against all stockholders iipon 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 whom service of process cannot be had within the state, in any court of the United States or of any state or country. Any judgment so obtained by the superintendent of banks against such or any of such stockholders which 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 no- tice of pendency of action in the county recorder's office of the county where such action is brought. 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 en- titled to share in the proceeds resulting from such action brought by the superintendent of banks. For the purpose of executing and performing any of the powers and duties hereby conferred upon him, the superin tendent of banks may, in the name of the delinquent bank or in his own name, prosecute and defend any and all suits and other legal proceed- ings and may, in the name of the delinquent bank or in his own name as trustee execute, acknowledge and deliver any and all deeds, assign- ments, releases and other instruments necessary and proper to effectuate any sale of real or personal property or sale or comiiromise or com- pound authorized by order of the court as herein pr6vided; 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 application 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 eale to be filed in the office of the recorder of the county in which the said real property is located. The superintendent of banks may, under i 923 BANKS AND BANKING. Act 297, § 136 his hand and official seal, appoint one or more special deputy superin- tendents 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 appointment to be filed in the office of the superintendent of banks, and a certified copy in the office of the clerk of the count}' in which the principal office of such bank is located. The superintendent of banks may from time to time, bj' a certificate of appointment under his hand and official seal, specifying the powers conferred, authorize a special deputy superintendent to perform such duties connected with such liquidation and distribution as the super- intendent of banks ma\' deem proper. Such certificate 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. The superintendent of banks may employ such counsel and procure such expert assistance and advice as may be neces- sary 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 assistants such security for the faithful discharge of their duties as he may deem proper. 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. If the superintendent of banks doubts the justice 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. Any action upon a claim so rejected must be brought within six months after such service. Claims presented after the expiration of the time fixed in the notice to creditors shall be entitled to share in the dis- tribution only to the extent of the assets in the hands of the superintend- ent of banks equitably applicable thereto. 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 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; upon the expiration of the time fixed for the presentation of claims the superintendent of banks shall make in duplicate a full and complete list of the claims presented, in- cluding and specifying such claims as have been rejected by him, one tc be filed in the office of the superintendent of banks, and one with the Act 297, § 136 GEXERAL LAWS. 924 papers in said proceeding in the office of the clerk of the county in which the principal office of such bank is located. 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, includ- ing 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 bank. Such in- ventory and list of claims shall be open at all reasonable times to in- spection. The compensation of the special deputy superintendents, counsel and other employees and assistants, and all expenses of super- vision and liquidation, shall be fixed by the superintendent of banks and shall upon the certificate of the superintendent of banks be paid out of the funds of such bank in the hands of the superintendent of banks. All such expenses must be reported 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. The monej's collected by the superintendent of banks shall be from time to time deposited in one or more state banks of deposit, sav- ings banks or trust companies, and, in case of the suspension or in- solvency of the depositary, such deposits shall be preferred before all other deposits. 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 dei-lare out of tlie 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 court of the county in which the principal office of such bank is located. Objections to any claim not rejected by the superintendent of banks may be made by anj' 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 lime of the next appli- cation to declare a dividend. The court to which such applicatinn 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 judgment of a court of competent jurisdiction. The court must make proper provision for unproved or unclaimed deposits. Should any bank at the time the superintendent of banks takes posses- sion 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 pajiers or other valuable personal prop- erty or should it have rented any vaults, safes or safe deposit boxes or any portion thereof for the storage of property of any kind, the superin- 925 - BANKS AND BANKING. Act 297, § 136 tendent of banks may at any time thereafter cause to be mailed to the person claiming to be or appearing upon its books to be the owner of such projierty, or the person in whose name the safe, vault or box stands, a notice in writing in a securely closed, postpaid registered letter, directed to such person at his postofRee 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 per- sonal 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 determine, 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 property be not removed within the time fixed by the notice, the superintendent of banks may maka such disposition of said property as the superior court, upon application thereto, shall direct. And the superintendent of banks may cause any safe, vault or box to be opened in his presence or in the pres- ence 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 superintendent of banks, and the contents thereof, if any, to be scaled up by such notary public in a package upon which such notary public shall distinctly 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. "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 such taking 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 application or enjoin the siiperintendent tot banks from, further proceedings, and direct him to surrender such business and property to such bank. 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 (Jivil Pro- cedure. "Whenever the superintendent of banks shall have paid to each and every depositor and creditor o4 such bank whose claim or claims as ■^ueh 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 Act 297, § 136 GENERAL LAWS. 926 meeting of the stockholders of such bank giving notice thereof for thirty days in one or more newspapers published in the county where the prin- cipal office of such bank is located. At such meeting 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. In case it is determined to continue the liquidation under the superintendent of banks, he shall com- plete 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 manner and upon such notice as may be directed by the superior court. In case it is de- termined to appoint an agent or agents to liquidate, the stockhoMers shall thereupon select such agent 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 execute and file with the superintend- ent of banks a bond to the people of the state in such amount, with such sureties and in such form as shall be approved by the superintend- ent 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 and un- collected or other assets of such bank then remaining in his hands; and upon such transfer and delivery, the said superintendent 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 distribu- tion of the property of said bank as is herein provided in the case of dis- tribution 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. 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 succe«or, 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 in the hands of the superintendent of banks for six months after the order for final distribution shall be by him deposited with the state treasurer in the same ma'nner and subject to the same disposition as provided for in section 1234 of the Code of Civil Procedure. The super- intendent of banks may pay over tfee 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 927 BANKS AND BANKING. Act 297, §§ 136a-137 directing the payment thereof. ['Amendment approved May 6, 1913; Stats. IdU, p. 192.] Bank ceasing to exist. § 136a. Any bank which has ceased to do a banking business whether through voluntary action on its part or through expiration of its cor- porate existence, shall immediately liquidate its affairs and any un- claimed 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 conduct 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 property of such bank and liquidate its affairs in the same manner as provided in section 136 of this act. Whenever any bank of whose property the superintendent of banks has 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 pro- ceedings. [New section approved May 6, 1913; Stats. 1913, p. 198.]^ Jurisdiction In superior court. § 136b. In any nlitant the amount of not less than one regular monthly pavment, in accordance with its table of rates as provided by its constitution and laws, and shall issue to each such applicant, a receijit for the amount so collected. But no such society shall incur any liability other than for such »d- 935 BENEFIT SOCIETIES. Act 313, § 12 vaneed payments, nor issue any benefit certificate nor pay or allow, or offer or promise to pay or allow, to any person any death or disaVillity benefit until actual bona fide applications for death benefit certificates have been secured upon at least five hundred lives for at least one thousand dollars each, and all such applicants for death benefits shall have been regularly examined by legally qualified practicing physicians, and certificates of such examinations have been duly filed and approved bj' the chief medical examiner of such society, nor until there -shall be established ten subordinate lodges or branches into which said five hundred apjilicants have been initiated, nor until there has been sub- mitted to the insurance commissioner, under oath of the president and secretary, or corresponding officers of such society, a list of such appli- cants, giving their names, addresses, date examined, date approved, date initiated, name and niimber of the subordinate branch of which each applicant is a member, amount of benefits to be granted, rate of stated j)erioJical contributions which shall be sufficient to provide for meeting the mortuary obligation contracted, when valued for death benefits upon the basis of the national fraternal congress table of mortality, as adopted by the national fraternal congress August 23, 1899, or any higher standard at the option of the society, and for disability benefits by tables based upon reliable experience and for combined death and permanent total disability benefits by tables based upon reliable experience, w^ith an interest assumption not higher than four per cent per annum, nor until it shall be shown to the insurance commissioner by the sworn statement of the treasurer, or corresponding officer of such Boeiety, that at least five hundred applicants have each paid in cash at least one regular monthly payment as herein provided per one thousand dollars of indemnity to be effected, which payments in the aggregate shall amount to at least twenty- five hundred dollars, all of which shall be credited to the mortuary or disability fund on account of such applicants, and no part of which may be used for expenses. Said advanced payments shall, during the period of organization, be held in trust, and, if the organization is not completed within one year as hereinafter provided, returned to said applicants. The insurance commissioner may make such examination and require such further information as he deems advisable, and upon presentation of satis- factory evidence that the society has complied with all the provisions of law he shall issue to such society a certificate to that effect. Such certifi- cate shall be prima facie evidence of the existence of such society at the date of such certificate. The insurance commissioner shall cause a record of such certificate to be made and a certified copy of such record may be given in evidence with like effect as the original certificate. No prelim- inary certificate granted under the provisions of this section shall be valid after one year from its date, or after such further period, not exceeding one year, as may be authorized by the insurance commissioner upon cause shown, unless the five hundred" applicants herein required have been secured and the organization has been completed as herein provided, and Act 313, §§ 13, 14 GENER-VL LAWS. 936 the articles of incorporation and all proceedings thereunder shall become null and void in one year from the date of said preliminary certificate, or at the expiration of said extended period, unless such society shall have completed its organization and commenced business as herein provided. When any domestic society shall have discontinued business for the period of one year, or has less than four hundred members, its charter shall be- come null and void. Every such society shall have the power to make a constitution and by-laws for the government of the society, the admission of its members, the management of its affairs and the fixing and readjust- ing of the rates of contribution of its members from time to time; and it shall have the power to change, alter, add to or amend such constitu- tion and by-laws and shall have such other j owers as are necessary and incidental to carrying into effect the objects and purjioses of the society. Powers retained. § 13. Any society now engaged in transacting business in this state may exercise, after the passage of this act, all of the rights conferred thereby, and all of the rights, powers and privileges now exercised or possessed by it under its charter or articles of incorjioration not incon sistent with this act, if incorporated; or, if it be a voluntary association, it may incorporate hereunder. But no society alrcadj' organized shall be required to reincorporate hereunder, and any such society may amend its articles of incorporation from ti:ue to time in the manner provided therein or in its constitution and laws and all such amendments shall be filed with the insurance commissioner, and shall become operative upon such filing, unless a later time be provided in such amendments or in its articles of incorporation, constitution or laws. Mergers and transfers. § 14. No domestic society shall merge with or accept the transfer of the membership or funds of any other society uii-less such merger or trans- fer is evidenced by a contract in writing, setting out in full the terms and conditions of such merger or transfer, and filed with the insurance commissioner of this state, together with a sworn statement of the finan- cial condition of each of said societies, by its president and secretary, or corresponding officers, and a certificate of such officers, duly verified under oath of said officers of each of the contracting societies, that such merger or transfer has been approved by a vote of two-thirds of the members of the supreme legislative or governing body of each of said soei City Treasurer of the City of . Said bonds shall be payable to the bearer and no mistake or error in the description in the bond of the lot assessed shall affect the validity or lien of the bond, unless the mistake or error is such that the lot can- Act 390 §§5-9 GENERAL LAWS. 954 not be identified, and in sueh event the holder of such bond mav have the same corrected upon application to the city treasurer and the oflBcers or board who or which made the assessment to rei)resent which such bond is issued. Records of bonds issued. § 5. The city treasurer shall enter in a book kept for that purpose in his office, a record of each bond issued hereunder, specifying the date of its issue, the amount for which issued, to whom delivered, its dura- tion and a description of the lot against which issued. Payments of principal and interest on account of any bond issued hereunder shall be made to the city treasurer, who shall keep a separate account of all such payments (entering the same in the record herein required to be kept), and place the same in appropriate funds for the payment of principal and interest of the bonds on account of which paid, and who shall, upon the surrender of the coupons attached to said bond, pay to the holder thereof, or his order, the amount called for by said coupons out of the funds in his possession applicable thereto. Validity of proceedings. § 6. Improvement bonds issued hereunder shall by their issuance be conclusive evidence of the rcKularity and validity of all proceedings thereto. The amount due upon any such bond shall be a lieu upon the lot described in such bond superior to all other liens, charges, and encumbrances except the liens of prior assessments and of municipal, state and county taxes. Sale of bonds. Advertisement. § 7. Improvement bonds or any number of such bonds, issued here- under, except as otherwise provided in section 9 hereof, shall be sold to the highest cash bidder, after advertisement for bids, which advertise- ment shall be published for at least three times in a daily newspaper published and circulated in said city, or if there be no such daily news- paper, then such advertisement shall be published once in a weekly or semi-weekly newspaper so published and circulated; provided, however, that said bonds shall not be sold for, less than jiar. If any bond be sold for an amount in excess of par sueh excess shall be paid" into the gen- eral fund of the city. Proceeds of sale. § 8. The proceeds of the sale of such improvement bonds shall be paid into the fund of the proceeding to represent assessments in which said bonds were issued. City may advance funds. § 9. It shall be competent for the city to advance to the appropriate fund the par value of all or any part of said bonds, in which case said city shall have the same rights in rcsnect to the enforcement and col- 955 BONDS. Aet390,§§ 10-12 lection theroof as other puicliascis. Where the city advances raonej' as in this section provided it shall have full authority at any time to sell said bonds to reimburse itself therefor. Holder of bond may demand sale of lot when payment is not made. § 10. Whenever, through the default of t'ne owner of any lot or parcel of land u])on which such bond is issued to represent the assessment, pay- ment, either of the principal or of the interest, is not made when the same has become due, and the holder of the bond thereupon demands,- in writing, that the city treasurer proceed to advertise and sell said lot or parcel of land as herein provided, then the whole bond or its unpaid remainder, with its accrued interest, as expressed in said bond, shall be- come due and payable immediately, and on the day following shall become delinquent. Procedure of sale. Prior to sale owner may pay whole amount due. § 11. Upon the application of the holder of any bond that is now or shall hereafter become delinquent as hereinbefore provided, the said city treasurer shall publish twice in a newspaper of general circulation, to be designated by him, published in the city where his office is situated, a notice which must contain the date, number, and series of the delin- quent bond, a description of the property mentioned in said bond, and the name of the owner of such property (if Tinown), and if unknown, the fact shall be so stated, the amount due thereon, and a statement that unless the amount of said bond and the interest due thereon, to- gether with the cost of publication of such notice are paid, the real property described in said bond will be sold at public auction on a day to be therein fixed, which shall not be less than fifteen nor more than thirty daj'S from the day of the first publication of said notice, and the place of such sale, which must be the office of the said city treasurer. A like notice shall not less than fifteen days before the day of sale so fixed be served upon any such owner if known either personally or by deposit- ing the same in the postoffice at such city addressed to such owner at his address if known with the postage thereon prepaid. At any time prior to the sale, the ow^ner or person in possession of any real estate offered for sale under the provisions of this act may pay the whole amount of said bond then due, with costs, and such bond shall thereupon be can- celed; but in case such payment is not made by such owner or person in possession, or by someone in behalf of such owner, or person in posses- sion, the property subject thereto shall be sold at public auction to the bidder offering to pay the amount due on the bond with costs for the least portion of such lot or parcel of land offered for sale. Evidence of publication of notices. § 12. The citv treasurer, before the day of sale hereinafter provided for, must file with the city clerk a copy of the publication, with an affidavit of the publisher o"f such newspaper, or someone in his behalf, attached thereto, that it is a true copy of the same; that the publication Act 390, §§ 13-18 GENERAL LAWS. 956 was made in a newspaper, stating its name and place of publication and tlie date of each appearance in which such publication was made, which affidavit is prima facie evidence of all the facts stated therein. Costs collected. § 13. The city treasurer must collect, in addition to the amount due on such bond, the cost of the publication of such notice, and fifty cents for the certificate of sale delivered to the purchaser as hereinafter pro- vided. Record of certificates of sale by city treasurer. § 14. The city treasurer, before delivering any certificate of sale must, in a book kept in his office for that purpose, enter the date, number and series of the bond, a description of the land sold correspondinji with the description in the certificate, the date of sale, purchaser's name, the amount paid, regularly number the descriptions on the margin of the book, and put a corresponding number on each certificate. Such book must be open to public inspection during office hours when not in actual use, and he shall enter on the recorrior to the maturity thereof, as hereinabove provided, and for no other purpose. From what fund payable. § 4. The amount fixed by such legislative body to be paid in lieu of interest, accrued but not due, on bonds, as provided in section 2 of this act, shall be paid by the municipality out of the fund provided in its treasury for meeting sums coming due for interest on such bonds, and, at the time of the payment of such bonds, said amount, together with all interest due and unpaid thereon, shall be paid by the municipality upon presentation and surrender of all outstanding coupons for interest on such bonds. ACT 391e. An act authorizing counties, cities and counties and municipalities to levy a tax necessary to pay principal and interest on bonds autlior- ized and unsold at the time the annual tax levy is made. [Approved June 4, 1913. Stats. 1913, p. 446.] Tax levy for interest on unsold bonds. § 1. The legislative body of any county, city and count}' or munici- pal corporation, at the time of the fixing of the annual tax levy shall estimate the amount of money required to meet the payment of the princi- pal and interest on any bonds the issuance of which may have been authorized by the electors, and which have not been sold but which in the judgment of the legislative body will be sold prior to the making of the next subsequent tax levy, and may levy a tax sufficient to raise the money to pay the principal and interest so estimated. In case any bonds are declared invalid- or for any reason are not issued, any tax levied as herein provided shall be refunded. ACT 391f. An act to provide for the registration of bonds issued bv the state of California, or any county, city and county, municipal corporation, or other public corporation. [Approved April 14, 1913. Stats. 1913, p. 23.] Registration of bonds. Transfer of bonds. Statement. § 1. Whenever the owner of any coupon bond, or of anv bond par- able to bearer, already issued or hereafter issued by the state of Caii 963 BONDS. Act 391f, §§ 2, 3 fornia, or any county, city and county, municipal corporation, or other public corporation, now or liereafter existing in this state, shall present any such bond to the treasurer or other officer of such corporation, who by law performs the duties of treasurer, with a request for the con- version of such bond into a registered bond, such treasurer, or such other officer, shall cut off and cancel the coupons of any such coupon bond so presented, and shall stamp, print, or write upon such coupon bond, or such other bond payable to bearer, so presented, either upon the back or upon the face thereof, as may be convenient, a statement to the effect that the said bond is registered in the name of the owner, and that there- after the interest and principal of said bond are payable to the registered owner. Thereafter, and from time to time any such bond may be trans- ferred by such registered owner in person, or by attorney duly author- ized on presentation of such bond to such treasurer, or such other officer, and the bond be again registered as before, a similar statement being stamped, printed or written upon any such bond may be in substantially the following form: (Date, giving month, year, and day.) This bond is registered pursuant to the statute in such cases made and provided in the name of (Here insert name of owner) and the interest and principal thereof are hereafter payable to such owner. Treasurer (or such other officer.) After any bond shall have been registered as aforesaid, the principal and interest of such bond shall be payable to the registered owner. Such treasurer, or such other officer, shall keep in his office a book or books which shall at all times show what bonds are registered and in whose names respectively. Act applicable to all issues. § 2. Whenever under any statute of this state or any charter of any municipal corporation in this state, any bonds are issued, whether the pro- ceedings for the issuance of such bonds have been had in whole or in part prior to the enactment of this statute, or whether the same have been had in whole or in part after the enactment of this statute, such bonds may be issued either in the form of coupon bonds, or in the form of registered bonds, or some in the form of coupon bonds, and some in the form of registered bonds, as has been or hereafter may be. provided in the proceedings for the issuance of such bonds and notwithstanding any language or provision to the contrary contained in any such statute or charter authorizing the issuance of the bonds, or in any other law of the state. The provisions of section 1 of this act shall apply to coupon bonds so issued, as well as to other coupon bonds, or other bonds pay- able to bearer. Fee of registering. § 3. The state treasurer or other treasurer or official performing the duties of treasurer shall be entitled for so registering a bond or bonds Act 391g, §§ 1, 2 GENERAL LAWS. 964 to charge and collect a fee of fifty cents for every one thoneand dollars of tlie par value thereof for the purposes of providing the additional supplies and clerical help necessary in complying with this act. ACT 391g. An act authorizing the state treasurer, upon the approval of the governor and the board of control, to enter into agreements to pay commis- sions on the sale of certain bonds of the state of California, appro- priating money for such purpose and providing for the transfer of money from the San Francisco harbor improvement fund to the general fund of the state treasury. [Approved June 16, 1913. Stats. 1913, p. 1155.] Commissions, sale of harbor bonds. Not greater than ten per cent. § 1. The state treasurer, upon the approval of the governor and the board of control, is hereby authorized to enter into .Tgreemcnta to pay commissions for services rendered in the procuring of bids for all or any portion or portions of the state bonds issued under the provisions of an act entitled, "An act to provide for the issuance and sale of state bonds to create a fund for the improvement of San Francisco harbor by the construction by the board of state harbor commissioners of wharves, piers, state railroad, spurs, betterments and appurtenances and necessary dredging and filling in connection therewith in the city and county of San Francisco; to create a sinking fund for the payment of said bonds; to de- fine the duties of state officers in relation thereto; to make an appropria- tion of five thousand dollars for the expense of printing said bomls; and to provide for the submission of this act to a vote of the people," ap- proved March 20, 1909. No agreement shall be entered into by the state treasurer to pay a greater commission than ten per cent of the par value of the bonds sold, and no commission shall be paid for services rendered except to one who has procured and effected the sale and not until the money from the sale of such bonds has been paid into the state treasury. Appropriation. § 2. There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of five hundred thousand dollars to be used for the purposes of this act; provided, that when any money herein appropriated is used to pay a commission on the sale of such bonds, a like amount of money shall be transferred from the San Francisco harbor improvement fund to the general fund of the state treasury within five years from the date of payment of said commission, and the state treasurer and state controller are hereby authorized and directed to complete such transfer in equal yearly installments, the first of such installments being payable one year from the date of payment of such commission and so on until all the installments are paid. 9G5 BONDS. Act 391 h, § 1 Extra collections authorized. § 3. The board of state harbor commissioners arc Tiereby authorized and directed by the collection of dockage, tolls, rents and cranage, to collect a sum of money sufficient for the purposes of this act, over and above the amount limited by section 2526 of the Political Code of the state of California. ACT 39111. An act to provide for the issuance and sale of state bonds to be known as "state building bonds," to provide a fund for the erection and equipment of state buildings in the city of Sacramento for state pur- poses, creating a commission to determine the amount to be ex- pended for furnishing and equipping said buildings and accepting a suitable site, creating a sinking and interest fund vfor the payment of interest on said bonds and the redemption of the same, making an appropriation therefor, making an appropriation of five thousand dollars for the expenses of printing and lithographing said bonds and providing for the submission of this act to a vote of the people. [Approved June 5, 1913. Stats. 1913, p. 389.] Bonds for state buildings. Three million dollars. Interest. Run fifty years. How signed. § 1. For the purpose of creating and providing a fund for the in- debtedness hereby authorized to be incurred, as hereinafter provided, the state treasurer shall immediately after the issuance of the proclamation of the governor, provided for in section 10 hereof, prepare six thousand suitable bonds of the state of California, in the denomination of five hundred dollars each. The whole issue of said bonds shall not exceed the sum of three million dollars and said bonds shall bear interest at the rate of four per centum per annum from the date of issuance thereof, and both principal and iuterest shall be payable in gold coin of the present standard value, and they shall be payable at the office of the state treas- urer, at the expiration of fifty years from their date. Said bonds shall bear date the second day of July, 1915, and shall be payable on the second day of July, 1965. The interest accruing on such of said bonds as are sold shall be due and payable at the office of the state treasurer on the second day of January and on the second day of July of each year after the sale of the same. At the expiration of fifty years from the date of said bonds ail bonds sold shall cease to bear interest, and the state treas- urer shall call in, forthwith pay and cancel the same out of the moneys in the sinking and interest fund provided for in this act. All bonds issued shall be signed by the governor, and countersigned by the controller, and shall be indorsed by the state treasurer, and the said bonds shall be so signed, countersigned, and indorsed by the officers who are in office on the second day of July, 1915, and each of said bonds shall have the seal of the state impressed thereon. The said bonds signed, countersigned, in- dorsed and sealed as herein provided when sold shall be and constitute Aet391h, §§ 2-4 general laws. 966 a valid and binding obligation upon the state of California, though the sale thereof be made at a date or dates after the person signing, counter- signing and indorsing, or any or either of them, shall have ceased to be the incumbents of such office or offices. Interest coupons. Accrued interest not paid to purcliaser. § 2. Interest coupons shall be attached to each of said bonds, so that such coupons may be removed without injury to or mutilation of the bond. Said bonds shall be consecutively numbered, and shall bear the lithographed signature of the state treasurer who shall be in office on the second day of July, 1915. But no interest on any of said bonds shall be paid for any time which may intervene between the date of any of said bonds and the issue and sale thereof to a purchaser, unless such accrued interest shall have been, by the purchaser of said bond, paid to the state at the time of such sale. Appropriation. § 3. The sum of five thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated to pay the expenses that may be incurred by the state treasurer in having said bonds prepared. Sale of bonds. Published notice. Further notice. "State buildings fund." § 4. When the bonds authorized to be issued under this act shall be duly executed, they shall be sold by the state treasurer at public auction to the highest bidder for cash in such parcels and numbers as shall be directed by the governor of the state; but the state treasurer must reject any and all bids for said bonds, or for any of them, which shall be below the par value of said bonds so offered plus the interest which has accrued thereon between the date of sale and the last preced- ing interest maturity date and he may, by public announcement, at the place and time fixed for the sale, continue such sale, as to the whole of the bonds offered, or any part thereof offered, to such time and place as he may select. When a sale is continued, as hereinabove provided, no notice need be given other than the public announcement of the con- tinuance, as hereinabove provided. Before offering any of said bonds for sale, the said treasurer shall detach therefrom all coupons which have matured before the date fixed for such sale. Due notice of the time and place of sale of all bonds must be given by said treasurer by publication in one newspaper published in the cit}- and county of San Francisco, and also by publication in one newspaper published in the city of Oakland, and by publication in one newspaper published in the city of Los Angeles, and by publication in one newspaper published in the city of Sacramento, once a week during four weeks prior to such sale. In addition to the notice last above provided for the state treasurer must give such further notice as he may deem advisable, but the expenses and costs of such ad- 967 BONDS. Act391hJ§5, 6 ditional notice shall not exceed five hundred dollars for each sale so advertised. The costs of such publications shall be paid out of any moneys in the state treasury not otherwise api)ropriated ou controller's ■warrants duly drawn for such purpose. The proceeils of the sale of such bonds, excojit such amount as may have been paid as accrued interest thereon, shall be forthwith paid over by said treasurer into the state treasury, and must be by him kept in a separate fund, to be known and designated as the "state buildings fund" which fund is hereby established. Any and all sums which may have been paid as accrued interest shall be forthwith paid over by said treasurer into the state treasury, and must be by him kept in a separate fund to be known and designated as the "state buildings sinking and interest fund," which fund is hereby es- tablished. To construct state buildings in Sacramento. Board. Site to be donated. § 5. Any and all moneys derived from the sale of the bonds provided for in this act are hereby appropriated and shall be used exclusively for the following purpose to wit: The constructing and equipping of state buildings in the city of Sacra- mento, state of California, for the various officers, boards and commissions of the state, at a cost not to exceed the total sum of three million dollars, such portion of said sum of three million dollars to be used for the furnishing and equipping of said state buildings as may be deter- mined by a board consisting of the governor, the presiding justice of the supreme court, and the state librarian, which board for such purpose is hereby created; provided, however, that no moneys provided for by this act shall be used for such purpose until a site suitable for such purpose, and acceptable to the state board last above created, shall be donated or given to the state, the title thereto to be free and clear of all liens and encumbrances; the number of buildings and their location on the lands to be donated shall be determined by said board in this subdivision of this section mentioned; the plans and specifications for said buildings, and each of the same, shall be prepared under the direction and control of said board in this subdivision of this section provided for. Annual interest appropriation. Annual principal appropriation. State revenue to be collected. Semi-annual transfer of funds. Investment of funds. Payment of principal and interest. Annual report of con- troller and treasurer. § 6. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of fifty thousand (50,000) dollars annually, to pay the principal of the bonds issued and sold pur- suant to the provisions of this act. Said annual appropriation to con- tinue until the same, together with the accrued interest on the invest- ment thereof, shall be sufficient to pay the principal of said bonds at the maturity thereof. There is also hereby appropriated from any moneys in the state treasurj' not otherwise appropriated such sum annually as will be Act 3911l, § 7 GENERAL LAWS. 968 necessary to pay the interest on the bonds issued and sold pursuant to the provisions of this act. There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the other revenues of the state, as shall be required to pay the principal and interest on said bonds as herein provided and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of said revenue to do and perform each and every act which shall be necessary to collect such additional sum. On the 2d day of January and on the 2d day of July of each year, after the sale of any bonds as herein provided for, the state treasurer and state controller shall transfer from the moneys hereby appropriated to the state buildings sinking and interest fund, a sufficient sum of money to pay all interest due and payable on any bonds sold and said transfer shall continue to be so made up to the date of maturity of such bonds and it shall be the duty of the state treasurer to pay the same when the same falls due. On the first Monday in July of each year, after the sale of any of the bonds as in this act provided the state controller and state treasurer are hereby authorized and directed to transfer the moneys hereby appropriated for the payment of the principal of said bonds to the said state buildings sinking and interest fund. The moneys so trans- ferred to the said state buildings sinking and interest fund fur the pay- ment of the principal of said bonds, shall be invested from time to time by the state treasurer in United States or state bonds. All interest pay- able on such bonds so invested shall be paid into the said state buildings sinking and interest fund and be applied and held for the payment of the principal of said bonds or reinvested in other bonds for the payment of such principal, as herein provided. The principal of all of said bonds sold shall be paid at the time the same becomes due, from the "state buildings sinking and interest fund" and the interest on all bonds sold shall be paid at the time said interest becomes due from said fund and the faith of the state of California is hereby pledged for the payment of the principal of said bonds so sold and the interest accruing thereon. The state controller and the state treasurer shall keep full and partic- ular account and record of all their proceedings under this act, and they shall transmit to the governor an abstract of all such proceedings there- under, with an annual report, to be by the governor laid before the legis- lature biennially; and all books and papers pertaining to the matter pro- vided for in this act shall at all times be open to the inspection of any party interested, or the governor, or the attorney general, or a com- mittee of either branch of the legislature, or a joint committee of both, or any citizen of the state. Redeemed bonds destroyed, § 7. When the bonds provided for by this act are redeemed, the state treasurer shall mark the same canceled, and shall, in the presence of the governor destroy the same by burning the said bonds. 969 BONDS. Act 391i, § 1 In effect December 31, 1914. § 8. This act, if adopted by the people, shall take effect, on the thirty-first day of December, 1914, as to all its provisions excepting those relating to and necessary for its submission to the people, and for re- turning, canvassing and proclaiming the votes, and as to said excepted provisions this act shall go into effect ninety days after the final ad- journment of the session of the legislature passing the same. Submitted to people. Ballots. § 9. This act shall be submitted to the people of the state of Cali- fornia for their ratification at the next general election to be holden in the month of November, nineteen hundred and fourteen, and all ballots at said election shall have printed thereon the words "For the state's building bonds" and such other designation as may be necessary to properly identify this act. In a square immediately below the square containing said words there shall be printed on said ballot the words "Against the state buildings bonds." Opposite the words "For the state buiklings bands" and "Against the state buildings bonds," there shall be left spaces in which voters may make or stamp a cross to indicate whether they vote for or against this act, and those voting for said act shall do so by placing a cross opposite the words "For the state build- ings bonds" and those voting against said act shall do so by placing a cross opposite the words "Against the state buildings bonds." The gover- nor of this state shall include the submission of this act to the people as aforesaid, in his proclamation calling for said general election. Canvass of votes. § 10. The votes cast for or against this act shall be counted, re- turned and canvassed and declared in the same manner and subject %o the same rule as votes cast for state officers; and if it appear that said act shall have received a majority of all the votes cast for and against it at said election as aforesaid, then the same shall have effect as here- inbefore provided, and shall be irrepealable until the principal and inter- est of the liabilities herein created shall be paid and discharged, and the governor shall make proclamation thereof; but if the majority of the votes cast aforesaid are against this act then the same shall be and become void. ACT 3911. An act to provide for the establishment of a fiscal agency for the state of California in the city of New York, in the state of New York, and prescribing the duties of such fiscal agency and the duties of the public officers in relation thereto. [Approved June 6, 1913. Stats. 1913, p. 675. In effect immediately.] Designation of fiscal agency In New York city. § 1. The governor of the state of California is, upon the recommenda- tion of the state treasurer, authorized to designate some well known and Act391i, §§ 2-4 GENERAL LAWS. 970 responsible banking firm or association in the city of New York, or some well known and responsible incorporated banking institution in the city of New York in the state of New York, having a paid-up capital and surplus of not less than one million dollars ($1,000,OClP) as the fiscal agency for the paj^ment of bonds and coupons issued by the state of California. Such banking firm or association, or incorporated banking institution designated by the governor as the fiscal agency under the terms of this act, shall thereafter continue to be the said fiscal agency until the like designation of another banking firm, association or in- corporated institution as such fiscal agency. Any banking firm or associa- tion, or incorporated banking institution so designated as such fiscal agency, may be required by the state treasurer, at his discretion, and subject to the ai)proval of the governor, to execute a bond or bonds, to the state of California, conditioned for the faithful performance of its duties as such fiscal agency, in such amount or amounts as may from time to time be fixed by the state treasurer with the approval of the governor. Bonds payable at agency. § 2. Any and all bonds and coupons heretofore issued by the state of California, or hereafter to be issued, which by their terms are made payable at the office of the state treasurer, without further designation of a place of payment, shall at the option of the holder thereof abo be payable at the fiscal agency to be designated by the governor under the terms of this act. Remittances to agency. § 3. The controller of the state of California shall draw his warrant on the treasury for, and the state treasurer shall, out of any funds in the treasury available and appropriated for the payment of the principal and interest of the said debt, transmit or remit to the said fiscal agency, in the form of check or draft payable in the said city of New York, at such time as may be arranged bv the state treasurer with such fi.scal agency, subject to the approval of the governor, as hereinafter provided, sufficient funds out of any funds in the hands of such state treasurer, or other officer, applicable to such purposes for the redemption of such bonds and coupons; provided, however, that the time when such funds shall he transmitted or remitted to such fiscal agency shall be not less than thirty days before the maturity of any such bonds or coupons. Express charges and postage shall be a proper charge against the state and shall be paid said fiscal agency and be allowed the state treasurer or other proper officer in his settlement. Receipt for funds sent. § 4. On receipt of any funds by the said fiscal agency, it shall be the duty of such agency to notify the officer from whom received of the receipt thereof and immediately on the payment of such bonds anil coupons for which funds were transmitted or remitted said bonds and 971 BONDS. Act391i, §§5-8 coupons shall he canceled and returned to the state treasurer or officer from whom such funds were received. The fiscal agency is hereby au- thorized to redeem such bonds and coupons when duly presented to it by the holder, whether the certificate herein provided for has been attached to said bonds or not. Certificate attarganized the said board, it shall take possession of and assume the control and management of the girls' department of the Whittier State School, and the board of trustees of the Whittier State School shall turn over to the board of trustees of the California school for ^irls hereby created, the custody and management of said girls' department, includ- ing the buildings now occupied by, and all property, records and papers now used by or belonging to, said girls' department or any of its inmates. "When the said school for girls is located and the buildings constructed ready for occupancy, the board of trustees of said school for girls shall remove all girls from the said girls' department of the Whittier State Act 512 GENERAL LAWS. 1012 School, whereupon all buildings and property, except such personal prop- erty as has been purchased for the express use of the girls, shall revert to the Whittier State School. Controller's warrant. § 16. The controller of the state is hereby directed on requisition of said board, dul}' audited by the state board of control, to draw his war- rant on the state treasurer in favor of said board for any moneys duly appropriated to pay for the necessary expenditures in the establishment and maintenance of said school, and the said treasurer is directed to pay the same from the appropriations provided therefor. Construction of act. Pay to Inmates authorized. § 17. This act shall be construed in conformity with the intent as well as the express provisions thereof, and shall confer upon the board authority to do all those lawful acts which it deems necessary to promote tfte prosperity of the school and the well-being and education of its in- mates, including the organization of trade schools, purchase of materials for use therein, the doing of all other things, not prohibited, which are required to carry out the purposes of this act. The board is further au- thorized to pay those committed to said school small weekly or monthly sums in lieu of, clothing and other necessary articles, if in its judgment, such a course would better promote discipline and training. Nothing herein contained however, shall permit said board to incur any indebted- ness in excess of the appropriations allowed by law for the establishment of said school. Girls' department at Whittier superseded. § 18. It is the purjiose of this ;ict that the school hereby established shall supersede and supplant the girls' department of the Whittier State School and that all commitments of girls authorized by law shall be made to the California school for girls, but girls so committed shall be kept under the control of the said California school for girls at the present girls' department of the Whittier State School until the school provided for by this act is ready for the reception of girls. TITLE 73b. CALIFORXTA STATE REFORMATORY. ACT 512. An act to establish the California State Reformatory; to provide for purchase of land therefor; and the construction of buildings and other improvements in connection therewith; to provide for the com- mitment and transfer of prisoners thereto and therefrom; to provide for the equipment, conduct and management thereof; and to make an appropriation therefor. [Approved April 24, 1911. Stats. 1911, p. 10S8.] 1013 CALIFORNIA STATE REFORMATORY. Act 512, §§ 1-5 California State Reformatory. § 1. There is hert'l)y establiehef"! a reformatory for the confinement, discipline and instruction of prisoners committed thereto as hereinafter provided, to be known as the California State Eeformatory. Who may be sent to reformatory. Penal Code, section 1588, not appli- cable. § 2. Any male person not less than sixteen and not more than thirty years of age at the time of sentence, convicted of felony for the first time may be sentenced to confinement in said reformatory, when in the judgment of the court said person is capable of reformation and said sentence is compatible with the general welfare, and the sentence shall designate the minimum and maximum term prescribed by law for the particular offense, but shall fix no other term; provided, however, that if no minimum is fixed by law the court shall fix a minimum of one year. The provisions of section 1.5S8 of the Penal Code relating to credits for good conduct shall not apply to prisoners in the state reformatory. Prison directors to manage. Superintendent. § 3. The state board of prison directors shall manage and maintain said reformatory when ready for occupanc}'^ as hereinafter provided. Said board shall employ a superintendent, who shall be the executive head of said reformatory, and shall establish such other positions as the needs of the service may from time to time require. Such positions shall be filled by the superintendent in the manner provided by law. The board may consolidate or abolish such positions and may fix and change the salaries to be paid. Rules. Prisoners examined. § i. The board of prison directors shall establish the rules under which the reformatory shall be conducted for the purpose of reformation of those committed to it; and shall adopt such methods as the board may deem expedient to restore them to freedom as self-supporting and self- respecting members of the state. Such rules shall include provision for keeping records of the facts known of each prisoner on entrance and of his conduct and progress at such intervals as the board may fix. Each prisoner on entrance shall be thoroughly examined by a competent physi- cian for physical or mental defects or abnormalities, and shall be pro- vided such physical and surgical treatment as may be necessary to over- come such defects, so far as practicable. Grades for prisoners. § 5. The board of prison directors shall, by rule, establish not less than three grades for the prisoners committed to the reformatory, one of which shall be the entering grade. The board shall so far as prac- ticable establish rules by which each prisoner shall be promoted to a higher grade or reduced to a lower grade in accordance with his con- duct. Act 512, §§6-9 GENERAL LAWS. 1014: Parole. § 6. The board of prison directors shall make and enforce rules pov- erning the release of prisoners on parole and their conduct while on parole and their final discharge, and it is hereby declared the policy of the law that prisoners in said reformatory shall be given their liberty whenever in the judgment of the said board such release is compatible with the public welfare, and said prisoner will conform to its rules con- cerning prisoners on parole and support himself by honest industry; pro- vided, that no prisoner shall be released before the expiration of the minimum term fixed by law for the offense of which he was convicted, but nothing herein contained shall be construed to restrict the power of the governor to pardon any prisoner. Return of paroled prisoner whose conduct is not satisfactory. § 7. Whenever the governor of the state, the superintendent of said reformatory, or any member of the state board of prison directors is dissatisfied with the conduct of a paroled prisoner he may issue a writ- ten order, reciting the commitment and parole of said prisoner and his dissatisfaction with the conduct of said paroled prisoner, and directing his arrest and return to said institution, and said order shall be a sufB cieut warrant for any parole, probation or peace oflieer named therein to arrest and deliver said prisoner to any officer of said reformatory for return thereto, and it is hereby made the duty of all such officers to execute any such order in like manner as a warrant of arrest for felony. At the next meeting of said board it shall determine whether or not the order by which such prisoner was placed on parole shall be revoked. If any prisoner on parole shall leave the state without per- mission from said board he shall be held to be an escaped prisoner and shall be arrested as such. Final release of prisoner. § 8. The board of prison directors may give a final release to any prisoner who has fulfilled the conditions required of him in the reform- atory and upon parole, when in the judgment of the board he is fitted to take his place as a free citizen of the state, and shall have power, by so providing in the order of release, to restore said prisoner to all the rights of citizenship. When any prisoner shall have served the maximum term provided by law for the offense of which he was con- victed he shall thereupon be discharged. No petition or other form of application for the parole or release of a prisoner shall be entertained by the board, except the application made by the prisoner himself. Incorrigible prisoner may be removed to prison. § 9. The board of prison directors may establish rules by which any prisoner appearing to be incorrigible may be removed to any one of the state prisons. Such prisoner shall serve the maximum term establi.shod by law for the offense of which he was convicted, including the time served in the reformatory, with such deductions for good conduct during I 1015 CALIFORNIA STATE REFORMATORY. Act 512, §§ 10-14 his incarceration in such prison as the law and the rules of the prison may allow. Prisoner may be transferred from prison to reformatory. § 10. The board of prison directors may transfer from the state prisons to said reformatory any prisoner serving his first term for felony who in their judgment can be reformed and restored to a life of honest industry. Provided, that the consent of the prisoner to be bound by the terms of this act, and for the maximum period fixed by law for the offense of which he was convicted unless sooner discharged, shall be first procured in writing. Said prisoner shall thereafter be treated in all respects as though originally committed to said reformatory. Prison laws applicable to reformatory. § 11. The laws governing the state prisons of this state in relation to expenses of transportation of prisoners to and from the same, es- capes, prevention of escapes, suppression of riots, revolts, mutinies, or insurrections, and the punishment of crimes committed therein, are hereby made applicable to the reformatory. Instruction in reformatory. § 12. The discipline of the reformatory shall include instruction in the elementary school courses and in pursuits by which the prisoners may support themselves when released. Said instruction shall chiefly be given in agriculture and horticulture by the best methods as developed by the University of California and the department of agriculture of the United States. Instruction in other forms of labor may be established in the discretion of the board of prison directors; provided, that the prisoners shall be distributed among the various trades and employments so that no excessive number be directed to any trade or employment. Disposition of products. § 13. Products of said reformatory shall so far as possible be supplied for state, county, municipal, school or other public use, and the reforma- tory shall collect or be credited with the fair market price therefor. No manufactured product shall be supplied, sold, exchanged or given away for priv'ate use or profit. Probation ofl&cers to co-operate in getting employment for paroled pris- oners. § 14. The probation officers of the state shall co-operate with the state board of prison directors and the state parole officer, in procuring employment for and supervising paroled prisoners and the probation officers of ea;:-h county shall act as parole officers for all prisoners on parole living within the limits of their county, under such general rules as may be established by the state board of prison directors and under the supervision of the state parole officer. Act 512, §§ 15-17 GENERAL LAWS. 1016 Earnings of prisoners. § 15. The board of prison directors may allow to prisoners such pro- portion of their earnings above the cost of their maintenance as the board may deem proper. Commission to locate reformatory. Purchase of land. Biiildincs. § 16. A commission consisting of the governor of the state of Cali- fornia, the lieutenant-governor of the state and three other persons, to be selected by the governor of the state, is hereby constituted a commis- sion for the location and construction of said reformatory as herein- after more particularly provided. Said commission, as soon after the passage of this act as possible, shall select a suitable site for said re- formatory of not less than six hundred acres. The said commission is directed to secure land susceptible of irrigation if necessary and suit- able for the agricultural and horticultural work to be carried on by the prisoners. When a suitable site is selected by said commission they are hereby authorized and empowered to purchase the land so selected, to gether with water and water rights appertaining thereto, and if neces- sary shall purchase additional water rights or make provision for the development of water for use on said land. The purchase' price of said land may be made payable in installments out of the appropriations here- inafter provided, as may be agreed between said commission and the owner or owners of said land. Title to the land shall be taken in the name of the state of California and first payment therefor shall be made at the time of the delivery of deed or deeds by the owner or owners to the governor of the state of California for and on behalf of the state. The said commission shall adopt plans for the buildings to be erected upon said land for said reformatory to accommodate not less than one thousand prisoners, and may employ architects or engineers or both in the preparation of said plans, anil in the construction of said buildings. The said commission is authorized to emjiloy and fix the compensation of such free labor and skilled assistants as may be needed in the erection of such buildings and shall so far as possible utilize the labor of pris- oners in said construction as hereinafter provided. Prisoners to aid in constructing reformatory. Temporary buildings. Supervision of prisoners at work. Compensation of prisoners. Prison directors to provide food, etc. Appropriation. § 17. The state board of prison directors shall on the request of the said commission furnish a list of not less than one hundred (100) nor more than three hundred (300) prisoners in San Queutin and Kolsom state prisons, who would be available for use in the construction of said reformatory. In the selection of such men for said list the board of prison directors shall name those men who are skilled in buibling and who have shown themselves active and energetic, and so far as possible shall name those who under the rules of the said board of prison directors would be entitled to parole on or before the completion of the 1017 CALIFORNIA STATE REFORMATORY. Act 512, § 18 biiiklings of said reformatory, as estimated, and who would be suit- able for transfer to said reformatory upon its completion. From this list so submitted as aforesaid, the state board of prison directors shall desijjnate those to be employed in constructing the buildings of said reformatory, and upon such designation said board of prison directors shall cause to be transported to the location selected for said reforma- tory said prisoners in such numbers and at such times as may be re- quired by said commission. Temporary buildings may be erected for housing said prisoners while engaged in said work of construction. The state board of prison directors is authorized and directed to employ a superintendent and necessary guards while engaged in said construc- tion and particularly to have charge of them during the hours they are not actually engaged upon the buildings of the said reformatory. During the hours that said prisoners are actually engaged in work of construction of said building they shall be under the supervision and direction of those oflSeers and foremen employed by said commis- sion to erect said buildings. At any time during the progress of said work, prisoners engaged therein who have shown themselves unfit to work under the conditions herein provided, shall be returned to the state penitentiary on order of the board of prison directors, and any prisoner who makes his escape from such employment shall be returned to the state prison from which he was originally transferred. The state board of prison directors shall have the same jurisdiction to parole prisoners engaged in this work as any other prisoners in any other state prison, and shall make such rules concerning their custody and discipline while engaged in said work as maj' be necessary. The state board of prison directors may fix the compensation to be paid to said prisoners for their work while constructing said buildings, not to exceed twenty-five cents per day, such money to be paid to said prisoners upon their parole or final discharge, from the money herein- after appropriated, unless the board declares said amount forfeited by bad conduct. The state board of prison directors shall provide the necessary food, clothing and transportation for said prisoners -nhile engaged in said work, to be paid upon their order by the state board of examiners from the moneys heTein appropriated for the construction of said reformatory buildings. ^ There is hereby appropriated for the purpose of carrying into eff&ct the provisions of this law the sum of one hundred and fifty thousand dollars; five thousand dollars to be available July 1, 1911, and one hun- dred and forty-five thousand dollars to be available July 1, 1912. Governor to publish proclamation when reformatory is ready to receive prisoners. Termination of commission. § 18. Whenever the buildings are so far completed as in the judg- ment of said commission to be available to receive prisoners committed by the court, a proclamation to that effect shall be published by the Acts 513-546 general laws. lOlS governor and thereafter the courts may commit prisoners to the said reformatory in the manner hereinafter provided, and during the progress of said worlf shall be treated in the same manner as the prisoners trans- ferred Ly [from] the state prisons as herein provided; Provided, further, that on January 1, 1915, the commission herein- before provided shall terminate. Thereupon the state board of prison directors shall take charge^ of said reformatory and be vested with the powers hereinbefore conferred upon the said commission, and thereafter all further construction and expenditure shall be under their direction and control. § 19. This act shall take effect immediately. TITLE 74. CALIFOENIA STATE TRADES AND TRAINING SCHOOL. ACT 513. An act to authorize the establishment of the California State Trades and Training School for dependent orphans, half orphans, abandoned children and children committed by court and placed under guardian- ship of the board of trustees, the appointment of a board of trustees, the purchase of a site, the preparation of plans and specifications for grounds and buildings, and to make the necessary appropriation therefor. [Approved April 14, 1909. Stats. 1909, p, S87,] Repealed June 14, 1913 (Stats. 1913, p. 947). TITLE 77. CANAL COKPORATIONS. ACT 525. Citations. Cal. 159/754. ACT 526. Citations. Cal. 159/754. TITLE 80. CEMETERIES. ACT 545. Citations. App. 17/GO, 62, 66; (§1) 17/62; (§§ 3-6) 17/63. ACT 546. An act to provide for public cemetery districts. [Approved March 6, 1909. Stats. 1909, p. 156.] Amended 1911 (Stats. 1911, p. 605), as follows: 1019 CEMETERIES. Act 547, §§ 1-4 Cemetery district trustees. Term. § 2. SiK'h jiublic cemetery district shall be manacrcd by three trustees, apjjointed by tho board of supervisors from the electors residing therein; but if a majority of the resident electors shall, in their petition, designate the names of the trustees whom they shall desire to be appointed, the board of supervisors shall appoint for the first term, the persons so named. The trustees shall hold office for four years, and their successors shall be appointed in the same manner as other appointments are made by said board. [Amendment approved April 5, 1911; Stats. 1911, p. 605.] ACT 547. An act providing for the removal of human remains from cemeteries in any city or city and county in this state and repealing all acts in conflict therewith. [Approved April 24, 1911. Stats. 1911, p. 1099.] Trustees may order removal of human remains from cemeteries within city limits. § 1. The governing or legislative body of any city, or city and county, in this state may, by ordinance duly passed, and under such lawful rules and regulations which it may adopt, provide for the exhuming, taking up, and removal from cemeteries within the boundary lines of such city, or city and county, or from cemeteries owned and controlled by such city, or city and county, that may have been located without its boundaries (and in which such cemeteries no interments of human remains have been made for a period of not less than live years), of any or all the human remains interred in such cemeteries. Owner of cemetery lot may file statement with county recorder. § 2. Any person claiming ownership of any cemetery lot may file in the office of the county recorder, in which such cemetery is situated, a verified statement describing the lot so claimed by him, together with a statement of his name and of the place at which the notice referred to in section 3 of this act may be served upon him. No fee shall be charged by the county recorder for filing such statement. Notice to owner of lot before exhuming remains. § 3. In the rules and regulations provided for in section 1 of this act, it shall, among the other matters therein set forth, be provided that no human remains shall be exhumed, taken up, or removed from any such cemetery unless notice of the intended action shall have been given to the person claiming ownership of the cemetery lot in which said human remains are interred, by serving such notice upon him personally in the same manner as summons in a civil action is served. Remains may be removed if owner of lot cannot be found. § 4. If no person has filed the statement provided for in section 2 of this act, or if the person who has filed such statement cannot be Acts 548, 549 general laws. 1020 found at the place therein designated by him, or if said notice is served, and the person so notified does not within thirty days, after the service of said notice, complete the removal of said human remains, the persons in charge of said cemetery may without cost to the owner of said lot, remove said human remains and reintcr the same in a careful and re- spectful manner, at a place to be designated in the rules and regulations aforesaid, and the remains of no more than one person shall be interred in one grave, and a headboard shall be placed on said grave. Eecord filed with coroner. § 5. luinudiatcly after said remains are so interred, the person caus- ing the same to be done shall file in the office of the coroner of said citj^ and county, or of the county, in which said city is situated, a state- ment of the name of the person whose remains are so removed, together with all other data available concerning said remains, and also a descrip- tion of the place where said remains are reinterred. § 6. Nothing herein contained shall authorize the taking of private property without due compensation first made. § 7. All acts or parts of acts in conflict herewith are hereby repealed. ACT 548. An act relating to the opening of streets through cemeteries. [Approved April 24, 1911. Stats. 1911, p. 1100.] Opening streets through cemeteries. § 1. No streets, alleys or roads shall be oj)ened or laid out within the boundary lines of any cemetery located in whole or in part within the lines of any city or city and county of this state, where burials have been had within five years prior thereto, without the consent of the corporation or association owning and controlling such cemetery. TITLE 81. CEMETERY CORPORATIONS. ACT 549. Authorizing incorporation of rural cemeterj' corporations. [Stats. 1S39, p. 2S1.] Amended 1863-64, p. 12; 1891, p. 264; 1899, p. 36; 1911, p. 1099. The amendment of 1911 is as follows: Cemetery lands exempt from taxes. § 10. The (oniottMy lands and property of any association, formed pursuant to this act, shall be exempt from all jiublic taxes, rates, and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any individual proprietors. But the pro- 1021 CHARITIES AND CORRECTIONS. Act573, §§1, 2 l)rietors of lots, or plots, in such cemeteries, their heirs, or devisees, may hold the same exempt therefrom, so long as the same shall remain dedicated to the purposes of a cemetery. [Amendment approved April 24, 1911; Stats. 1911, p. 1099.] TITLE 85. CHARITIES AND COERECTIOlSrS. ACT 573. An act to create a state board of charities and corrections, prescribing its duties and powers, and appropriating money therefor. [Approved March 25, 1903. Stats. 190», p. 482.] Amended 1911, Stats. 1911, p. 1334. The amendments of 1911 are as follows: State board of charities created. Women eligible. Vacancies. § 1. A state board of charities and corrections is hereby created of six members, to be appointed by the governor, with the advice and con- sent ol the senate, Tiot more than three of whom shall be of the same political party. Such members shall hold office for a period of four years and until their successors are appointed and qualified; provided, that the terms of the three members who were appointed February 17, 190S, shall expire February 17, 1912, and the other three terms shall expire February 17, 1914, and thereafter the terms of three members of said board shall expire on February 17th of each even-numbered year. Women may be appointed members of said board or hold any position in the appointment of said board. Xo person shall be appointed a mem- ber, or continue to act as such, while he is a trustee, manager, director, or other administrative officer of an institution, subject to the provisions of this act. Appointments to fill vacancies before the expiration of such terms shall be for the residue of terms in the same manner as original appointments. The governor shall be ex officio a member of said board. [Amendment approved May 1, 1911; Stats. 1911, p. 1334.] No compensation. Secretary. Limit of expenditures. Appropriation. Bond of secretary. Meetings. Failure to attend. § 2. The members of said board shall act without compensation, but shall be allowed their actual necessary expenses. The said board may appoint a secretary and such other employees as it may deem necessary to carry out the provisions of this act, and shall determine their salaries. All the expenses of said board, including salaries, shall not exceed the sum of ten thousand dollars, in any one year; provided, that any unex- pended part of an appropriation for any year may be carried over and made available for the succeeding year, and the said sum of ten thousand dollars is hereby appropriated annually out of any moneys in the state treasury, not otherwise appropriated, for the use of said board under this act. The secretary of said board shall execute a bond in the sum Act 573, §§ 3-5 GENERAL LAWS. 1022 of five thousand ($3,000) dollars and take the oath of oflBce prescribed by the Political Code for the executive oflBcers of this state. The board shall provide itself with an office in the city and county of San Francisco. Meetings of the board may be held at such times and in such places in the state of California as said board may deem fit. It may make such rules and orders for the regulation of its own proceedings as it may deem necessary, and may fix the number of members necessary to constitute a quorum. The failure -of a member to attend three con- secutive meetings of said board during an/ calendar year, unless ex- cused by formal vote of the board, may be construed by the governor as a resignation of said nonattending member. [Amendment approved May 1, 1911 J Stats. 1911, p. 133.5.] Powers and duties. Forms of records. Plans of buildings submitted. § 3. The board is hereby eni]>owered and authorizetl, and it shall be its duty as a whole, or by committee, or by its secretary, or other agent whom it may authorize, to investigate, examine, and make reports upon the charitable, correctional, and penal institutions of the state, includ- ing the state hospitals for the insane, of the counties, cities and counties, cities, and towns of the state, and such public officers aa aro iu any way responsible for the adniinistratiou of public funds used for the relief or maintenance of the poor. All the persons or officers in charge of or connected with such public institutions, or with the administration of said funds, are hereby required to furnish to the board or its com- mittee or secretary such information and statistics as they may request or require, and allow said board, committee, or secretary free access to all departments of such institutions and to all of their records. In order to secure accuracy, uniformity, and completeness in such statistics and information, the board may prescribe such forms of report and rec- ords by the state commission in lunacy regarding the state hospitals for the insane and by such other officers, boards, or institutions as it may deem necessary, and also such forms of registration at all public institu- tions referred to in this section as it may require. The state commission in lunacy, on behalf of the institutions under its charge, and the officers of all other institutions, and all officers in any way responsible for public funds used for the relief of the poor or the maintenance of any inmates of said public institutions, are hereby required to follow such forms, rec- ords, and registration so prescribed; provided, that the intent of this law is that, so far as possible, the board shall make use of the forms of re- port, record, and registration now obtaining in the state commission of lunacy and other state boards and institutions. All plans of new buildings, or parts of buildings for any of the public institutions coming under provi- sions of this section, or any additions or alterations in such buildings, shall, before their adoption by the proper officials, be submitted to the board for suggestions and criticism. [Amendment approved May 1, 1911; Stats. 1911, p! 1335.] § 5. This section was renumbered as § 7: Stats. 1911, p. 1336. 1023 CHARITIES AND CORRECTIONS. Act 573, §§ 5-10 A new § 5 was added in 1911 as follows: Investigate institutions receiving state aid. § 5. The board is hereby empowered and authorized, and it shall be its duty as a whole, or by coniniittee, or by its secretary, to investigate, examine, and make reports upon all institutions or persons receiving any state aid for the care of orphan, half-orphan, abandoned or de- pendent children, and may prcscrilje forms of record thereof to be kept, and require reports thereof. [New section approved May 1, 1911; Stats. 1911, p. 1336.] § 6. This section was renumbered as § 8, and amended: See post. A new § 6 was adopted in 1911 as follows: Refusing to furnish information. § 6. Any public officer, superintendent, manager or person in charge of any said public institution, or with the administration of said funds, who refuses or neglects to furnish said board, its committee or secretary, the information and statistics which they may request or require shall be subject to a forfeiture of fifty dollars, to be recovered as provided in section 4 of this act for disobedience of a subpoena. [New section approved May 1, 1911; Stats. 1911, p. 1336.] § 7. Section 5 of the original act was renumbered as § 7 in 1911: Stats. 1911, p. 1336. The original § 7 was renumbered as § 9: Stats. 1911, p. 1336. § 8. This section was renumbered as § 10 in 1911: Stats. 1911, p. 1336. Section 6 of the original act was renumbered as § 8 in 1911 and amended to read as follows: Biennial report. § 8. Two months prior to each regular session of the legislature, the board shall make a full and complete report to the governor of all its transactions during the preceding two years, showing fully and in detail all expenses incurred and moneys paid out by it, and giving a list of all officers and agents employed, and the actual condition of all institutions under its supervision, with such suggestions as it may deem necessary and pertinent, and with recommendations for legislative and executive action. [Eenumbered and amended May 1, 1911; Stats. 1911, p. 1336.] § 9. The original § 7 of the act was renumbered as § 9 in 1911: Stats. 1911, p. 1336. § 10. Section 8 of the original act was renumbered as § 10 in 1911: Stats. 1911, p. 1336. Act 574, § § 1-6 GENERAL LAWS. 1024 ACT 574. An act providing for the supervision and control by the state board of charities and corrections of the placing of dependent children into homes and for the supervision of all societies or organizations engaged in such work and known as children's home finding societies. [Approved April 24, 1911. Stats. 1911, p. 1087.] Unlawful to place dependent children in homes without permit. § 1. It shall hereafter be unlawful for any organization, society or person to engage in the work of placing dependent children into homes in this state without first obtaining a permit therefor, duly executed in writing, from the state board of charities and corrections. Board of charities may investigate societies. § 2. The said state board of charities and corrections may investigate, or cause to be investigated, the books, records, and methods of such organizations, societies, or persons, and the disposition of the children coming into their custody; and it may make such rules and regulatious as it may deem best for the government and regulation of such societies or persons, and may require such reports as it may desire. Permit may be withdrawn. § 3. The said state board of charities and corrections is hereby au- thorized and empowered to withdraw and cancel any permit to engage in the work of placing children into homes for any failure to observe the rules and regulations established for thoir government, or the failure to report as required, or for any failure on their part to perform their work as required by the best interests of the state, but no permit shall be canceled or withdrawn without due notice and hearing. Misdemeanor to engage in work without permit. § 4. It is hereby made a misdemeanor for any person or persons, either as individuals or officers of any association or society, to engage in the work of placing children into homes, or the soliciting of funds therefor, in this state without a permit duly executed in writing by the state board of charities and corrections, authorizing said persons or such association or society to engage therein, or to engage in such work after any permit has been canceled. Not applicable to orphan home. § 5. This act shall not be construed as applying to any regularly established orphan home or any officer or official thereof acting for or on behalf of such home receiving aid from the state for the care of orphans, half-orphans or abandoned children in any effort such institution or its officers may make to procure the adoption into homes or any officer or official thereof acting for or on behalf of such home of any such chil- dren. § 6. This act shall take effect immediately. 1025 CIVIL. SERVICE COMMISSION. Acts 575, 606 ACT 575. An act making it the duty of the state board of charities and corrections to prescribe forms of record for the use of county hospitals and almshouses, county jails and city prisons; and authorizing such board to furnish such records; and making the neglect or failure on the part of superintendents and jailers in charge thereof to keep such records a misdemeanor. [Approved June 11, 1913. Stats. 1913, p. 682.] Form of records for county hospitals, jails, etc. § 1. It is hereby made the duty of the state board of charities and corrections to prescribe forms of record for the use of the superintendents of count}' hospitals and almshouses, and jailers in charge of county jails and city prisons, in keeping the records of persons received into or dis- charged from such county hospitals, almshouses, jails and city prisons. Cost of printing. § 2. Books of record for the records so prescribed by said state board of charities and corrections may be printed at the expense of said board and furnished to such county hospitals and almshouses, county jails and city prisons, at the cost thereof. Duty of superintendents to keep records. § 3. It shall be the duty of the superintendent in charge of any such county hospital or almshouse and the jailer in charge of any such jail or city prison to keep the records prescribed by the state board of chari- ties and corrections as fully and completely as possible, and any such superintendent or jailer who neglects and fails to keep the records thus prescribed shall be guilty of a misdemeanor. TITLE 90A. CIVIL SERVICE COMMISSION. ACT 606. An act to provide for a general system, based upon investigation as to merit, efficiency and fitness, for appointment to and holding during good behavior of office and employment under state authority and, in that behalf, to create a state civil service commission, to prescribe its powers and duties, to make the willful violation of the provisions of this act a misdemeanor, to repeal all acts and parts of acts incon- sistent herewith in so far as they may be inconsistent with the pro- visions of this act, and to make an appropriation therefor. [Approved June 16, 1913. Stats. 1913, p. lt)35.] "Commission." § 1. First — The term "commission" as used in this act means the "state civil service commission" herein created, and the term "commis- 65 Act 606, §§ 2, 3 GENERAL LAWS. 1026 sioiier" as uged in this act means one of the three members of that com- mission, all unless such terms are plainly used with some other meaning. "Position." Second — The terms "position" and "positions" as used in this act in- clude all offices and employments under state authority, whether there be any salarj^ 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 hereafter provided by virtue of or under article 8 of the constitution of the state, and except county 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 conjunction with others in any way whatsoever, either by nomination or confirmation or as a board or com- mission 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 moans of selecting and employing anyone to hold any position as that term is so used in this act. Civil service commission created. Salary. § 2. 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 constituted if there is not more than one vacancy in such commission. The commission shall be first constituted by three commissioners 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 ap- point 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. The com- missioners shall each receive a salar}' of three thousand 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 expenditures and obligations made, authorized and incurred by the commission shall not exceed the sums appropriated therefor by law. Employees. § 3. 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 1027 CIVIL SERVICE COMMISSION. Act 606, §§ 4, 5 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 provisions 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 services 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 persons 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. Headquarters. § 4. The commission is authorized to secure in the city of Sacramento suitable and convenient rooms and accommodations and cause the same to be furnished, heated and lighted, for carrying on the work of the commission and the commission may order the necessary stationery, postage stamps, and official seal and other articles to be supplied, and the necessary printing to be done for its official use. § 5. The commission shall: Classify and grade positions. First — Classify positions to be held under state authority in accord- ance with the provisions of this act and in accordance with the duties attached to such positions. The commission 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 commis- sion, 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 fit- ness of applicants for positions, and prepare properly classified eligible lists from applicants so examined. All questions 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 desig- nated to perform such service. Enforce act. Third — Enforce the provisions of this act and prescribe, and enforce suitable rules and regulations for carrying the same into effect and from time to time amend and repeal the same. Keep minutes. Fourth — Keep minutes of its own proceedings, and records of its examinations and other official actions. Act 606, § 5 GENERAL LAWS. 1028 Efficiency records. Fifth — Records of indivicliial efficiency of holders of positions in per- forming 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 regulations as the com- mission 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 regulations may be removed from their positions by the commission proceeding sulistan- tially 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 provisions of this act anower to adopt by-laws not in conflict with general laws; to appoint an executive com- mittee with such powers as shall not be in conflict with general laws; to employ engineers and others to survey, plan, locate and estimate the cost of the works necessary for the drainage of the lands of the dis- trict; to thereafter, at any time, in its discretion, modify or change such original plan or plans, or adopt new, supplemental or additional plan or plans, when in its judgment the same shall have become neces- sary; provided, that said board of drainage commissioners must report to the reclamation board such original plan or plans of the work and every new, supplemental or additional plan, if any, together with the estimates of the cost of the works necessary for the drainage of the lands of the district, in pursuance of any such plan or plans, together with an estimate of incidental expenses; to acquire from private per- sons, reclamation, swamp land, levee or other public agencies or pro- tection districts, or corporations, all rights of way, easements, property and material, whether outside or within the limits of the district, necessary or requisite for levees, canals and other drainage works, by donation, contract, purchase or by proceedings under the provisions , of title 7, part 3 of the Code of Civil Procedure, of the state of Cali- fornia for condemnation thereof in the name of the district or any other provision of law in relation to the right of emin-ent domain; to sue and be sued in the name of said drainage district and to do all other acts or things necessary or requisite for the full exercise of its powers or necessary for the promotion of the drainage of lands within said drainage district. It shall be the duty of said board of drainage commjssio-ners to take such steps as may be necessary to open a cut through Knight's Landing ridge in Yolo county, and to construct canal leading from said cut foj the purpose of draining and disposing of the waters of Colusa basin by carrying the same to the head of the proposed Yolo by-pass in section 8, township 10 north, range 3 east, M. D. B. and M., in said county of Yolo, as defined by and in accordance with the general plan of the California deliris commission, transmitted to the spoaker of the house of representatives of the United States, bv the secretary of war, on the twenty-seventh day of June, 1911, with such 1071 DRAINAGE. Act 977, § 6 modifications or amendments as may hereafter be adopted by said recla- mation board, and in accordance with such plan as shall be approved by said reclamation board, or made in accordance with law and in the manner hereinafter provided. The said canal sliall be of such size and the embankments thereof of sufficient strength and dimensions as to prevent the waters therein from overflowing its banks. No water shall be permitted to flow through any cut or excavation in said ridge pro- vided to be made in this act until the canal to be constructed as here- inbefore provided shall have been completed so as to convey the waters flowing or to flow through said cut to the head of said proposed Yolo by-pass in said section 8, in a manner satisfactory to the said reclama- tion board. Said reclamation board shall have power to direct the method of the construction of said cut, canal and levees. Said drainage commissioners shall also have power to construct such gates in said canal or ridge, or in or near Sycamore slough where the same enters the Sacramento river above said ridge, as may be necessary to cany out such plan. If required by the said reclamation board, such gates must be constructed before such ridge is cut or excavated. Assessors. Assessment lists. Objections. Order approving assessment. Action to correct. § 6. The said reclamation board shall upon receipt of plans and estimates, as above set forth, appoint three assessors, who shall be disinterested persons, and who shall have no interest in any real estate within said drainage district, and each of whom, before entering upon his duties, shall make and subscribe an oath that he is not in any man- ner interested in any real estate within said district, directly or indi- rectly, and that he will perform the duties of an assessor to the best of his ability. Said assessors must assess upon the land within said drainage district the said sum so estimated by the board of drainage commissioners, and shall apportion the same according to the benefits that will accrue to each tract of land in said district, respectively, by reason of the expenditure of said sums of money. Said assessors shall make a separate list of the lands so assessed in each county, which list shall contain a description of the tracts of land assessed, by swamp land surveys, legal subdivisions, or other boundaries or references sufficient to identify the same; the name of the owner, if known, or if unknown, that fact;" the amount of the charge assessed against eacb tract. No mistake in the name of the owner or supposed owner, of any real estate shall invalidate the assessment. Said lists, when completed, shall be filed with the clerk of the board of supervisors of the county of Yolo, state of California. The said board of supervisors shall appoint a time when it will meet for the purpose of hearing objections to said assessment, and notice of such hearing shall be given by publication for four weeks in a newspaper of general circulation published in the county of Yolo, and in a newspaper of general circulation published in the county of Colusa. At any time before the date of suck hearing any person interested in Act 977, § 7 GENERAL LAWS. 1072 any land upon which any charge has been assessed may file written objec- tions to such assessments with the clerk of said board of supervisors stating the grounds of such objections, which said statement shall be verified by the affidavit of such person, or some other person who is fami liar with the facts. At said hearing the said board of supervisors shall hear such evidence as may be offered in support of said written objec- tion, and may modify or amend the assessment in any particular, or make a reapportionment of the entire assessment. If the amount of any assess- ment in said list shall be changed, the said board of supervisors shall set a day for hearing objections to said assessment as changed, and shall give notice thereof by publication for four weeks in a newspaper of general circulation published in the county of Yolo, and in a newspaper of general circulation published in the county of Colusa. At such hear- ing objections in writing may be made by any person interested, and the board of super%'isors shall proceed to hear thip same in the same manner as upon the original hearing. If the amount of any assessment shall again be changed, the said board of supervisors shall proceed as before to give notice and to hear objections thereto, and shall proceed in a similar manner until the amount of each assessment shall be finally fixed and approved. The said board of supervisors shall then make an order approving said assessment, and shall indorse such order upon such assessment list, which said indorsement shall be signed by the chairman of said board of supervisors and attested by the clerk thereof, and such decision of said board of supervisors shall bo final, and thereafter said assessment list shall be conclusive evidence that the said assessment has been made and levied according to law, except in an action commenced, as hereinafter provided. Immediately after the approval of said assess- ment the order approving same shall, by the clerk of said board of super visors, be deposited in the oflSce of the county treasurer of Yolo county, and a copy thereof shall be certified to by said clerk and deposited by said clerk in the office of the treasurer of Colusa county. Any person aggrieved by the decision of the said board of supervisors may com- mence an action in the superior court of the county in which the greater part of said district is situated, to have said assessment corrected, modi- fied or annulled. Such action must be commenced within thirty days after said assessment list has been filed in the ofl^ce of the county treas urer of the county in which the land affected is situated. If said action shall not be commenced within said thirty days, no action or defense shall thereafter be maintained attacking the legality of said assessment in any respect. Charges lien on property. Return of lists. Delinquent installments. Sale of property. Redemption. Deed. Lands omitted. Correction of mistakes. § 7. From and after the filing of the list with the treasurer of each re- spective county, the charges assessed upon any tract of land within the said county shall constitute a lien thereon and shall impart notice thereof 1073 DRAINAGE. Act 977, § 7 to all persons. No subsequent act or conduct of the commissioners shall invalidate said assessment or lien, but such commissioners may be com- pelled by mandate or other proper proceeding to perform their duties, as required by law. The list thus prepared and filed must remain in the offices of the respective treasurers for thirty days from such filing, or longer if ordered by the board of drainage commissioners, and during the time they so remain, any person may pay the amount of the charge assessed against any tract of land to the treasurer of the county in which such tract is situated in gold coin of the United States, or in warrants of the district. At the end of thirty days, the treasurers must return the lists to the board of commissioners of the district, and all unpaid assessments shall thereafter bear interest at the rate of seven per cent per annum, and shall be collected and paid in separate installments, of such amounts, and at such time, respectively, as the board, from time to time, in its discretion, may, by order entered in its minutes, direct; if any such installment shall remain unpaid at the expiration of thirty days from the date of the order, then said installment shall become delinquent, together with the accrued interest thereon, and ten per cent of the amount of said installment and interest shall be added thereto, and collected for the use of the district; provided, further, that the com- missioners must on the first day of January of each year, except when bonds shall have been issued on the assessment, order the collection of a sufficient amount of said assessment to pay all warrants that have been issued and outstanding for a period of two years or more, together with the interest on such warrants. Immediately after the said installment has become delinquent, the board of drainage commissioners must pub- lish a notice at least once each week for three weeks in some newspaper of general circulation published in the county or counties in which any land upon which such installment may be delinquent is situated, which notice shall contain a description of the property assessed, the name of the person to whom it is assessed, or a statement that it is assessed to unknown owners, if such be the fact; the amount of the delinquent in- stallment, the amount of the interest at the date of delinquency, the amount of the penalty that has been added as above provided, and a notice that the property assessed will be sold on a date therein stated, at such place in said district as the board of commissioners may in said notice designate, to pay said installment with accrued interest and the penalty hereinbefore specified. At the time stated in said notice, or such other time to which said sale may have been postponed, the com- missioners must sell said property to the highest bidder for gold coin of the United States. Out of the proceeds of said sale the commissioners must pay the amount of said installment with the accrued interest thereon and the penalty herein provided for to the county treasurer of the county of Yolo who shall place the same in the proper funds of said district, and the commissioners must pay to the owner of said property any surplus remaining after such payment to said county treasurer. The commis- 68 Act 977, § 7 GENERAL LAWS. 1074 sioners may postpone said sale from time to time by a written notice posted at the place of sale. If no bid is made for said property equal to the amount of said installment, accrued interest and penalty, the dis- trict shall become the purchaser, and the said property must be struck off to the district for the amount of said installment, accrued interest and penalty. A certificate of such sale shall be executed by the commissioners to the purchaser, or to the district, if the property shall have been struck off to the district, and said certificate of sale shall be recorded in the ofiice of the county recorder of the county in which the land sold is situ- ated, or if situated in two counties, then in the office of the county recorder of each thereof. Any person interested in said property may redeem the same at any time within one year after the date of said sale, by paying to the county treasurer of Yolo county the amount of said installment with the accrued interest and penalty, and interest on the said sums at the rate of two per cent per month from the date of said sale. If no redemption shall be made within said one year, the purchaser, or the district, if said property shall have been sold to the district, shall be entitled to a deed executed by said commissioners, and the effect of such deed shall be to convey said property free of all liens and encum- brances, excepting state, county and municipal taxes, and the liens of assessments now levied or whicli may hereafter be levied by any of the reclamation districts situate within said drainage district, and the unpaid balance of said assessment, which said balance must be called in and collected in the same manner as other assessments; provided, that where said property shall have been deeded to the district and shall not have been sold by the commissioners, the same shall not be offered for sale for subsequent installments of said assessments so long as the district shall remain the owner of said property, but the commissioners may sell said property at any time at public auction after notice given for the same period and in the same manner as is herein provided for sales for delinquent installments, but not for a sum less than all delinquent unjiaid installments with accrued interest and penalties, and the deed executeil in pursuance of such sale shall convey said property free of all encum- brances, except state, county and other municipal taxes, the lien of any assessments levied or which may hereafter be levied by any reclamation district within said drainage district and the unpaid balance of said assessment. In all cases where an assessment shall hereafter be levied for drainage purposes on the lauds embraced within said drainage district, if, for any reason, any tract or tracts of land shall not have been charged with said assessment, then such tract or tracts of land shall be charged in any sub- sequent assessment with such proportion of the former assessment as the benefits derived by said lands from the drainage works, for which said former assessment was levied, bears to the whole amount of said former assessment; or a subsequent reassessment of such tract or tracts of land may be made separately for the purpose of charging said land with its 1075 DRAINAGE. Act 977, § 8 proper proportion of the costs of drainage. Such reassessment shall be made by assessors appointed by the reclamation board, as provided by this act and must be made and approved in the same manner as other assessments. The assessors appointed by the reclamation board must make a list of the charges assessed against each tract of land; and, if there be any error or mistake in the description of the land or in the. name of the owner, or if any land which should be assessed has been, or shall be, omitted from the list, or if there is any error or mistake in any other respect, the said assessors may amend or correct the same at any time before the filing of such list with the clerk of the board of super- visors as hereinbefore provided. Where payment is made in warrants of the district, legal interest must be computed thereon from the date thereof to the time of such payment, when said warrants must be sur- rendered to the county treasurer of the county of Yolo and by him canceled. Pasonent of warrants. Cancellation of warrants. Writ of mandate. Notice to pay warrants. § 8. The warrants drawn by the commissioners must be presented to the treasurer of the county of Yolo, and if they are not paid on presenta- tion, such indorsement must be made thereon and they must be registered and bear interest from the date of such warrants at the rate of seven (7) per cent per annum and shall be payable in the order of their registra- tion. Such warrants are, and shall be, considered as contracts in writing, for the payment of money, and the period prescribed for the commence- ment of an action based upon the said warrants, or connected therewith, is, and shall be, the term of four (4) years from the date of their issu- ance. Any owner of land in the district may, at any time, pay any as- sessment thereon, excepting an assessment upon which bonds have been issued, or any part thereof, with w^arrants of the district. No warrant shall be paid or received on an assessment, except within four (4) years after the date of its issuance. The board of drainage commissioners and the county treasurer of Yolo county must cancel all warrants not paid within four (4) years after the date of issuance; provided, that any war- rant not paid or received on assessment within four (4) years after date of the issuance may, before the expiration of such four (4) years, upon the demand of the owner or holder, be extended for a like period of four (4) years upon the presentation of the same to the board of com- missioners of the district, such extension being indorsed thereon by the said board and a record thereof filed with the county treasurer of Yolo county. Said warrants may also thereafter be renewed from time to time in the same manner. In case an action or proceeding, based upon any warrant or connected therewith, be commenced within four (4) years from the date of issu- ance of such warrant and final judgment be obtained in favor of the owner or holder thereof, such warrant shall be paid or received on assess- ment in like manner as if it had been paid or received on assessment Act 977, § 9 GENERAL LAWS. 1076 before the expiration of said four (4) years from the date of its issuance. In any proceedings for a writ of mandate to compel the board of drain- age commissioners to issue a warrant, if a controversy arises as to the amount that may be due to the plaintiff, the court must determine the same in the manner provided for determining controversies in other civil actions and shall cause a writ to issue for such sum as may be found to be due. At any time after the issuance of a warrant the holder or owner thereof with the consent of the board of drainage commissioners may surrender the said warrant, and a new warrant for the face thereof and accrued interest thereon shall thereupon be issued to the owner or holder in the same manner as the original warrant. Whenever there shall be sufficient moneys in the county treasury of Yolo county to the credit of said drainage district to pay any warrant or warrants which have been registered and drawing interest, the said county treasurer must give notice by a written notice posted in a conspicuous place in his office, stating therein that he is ready to pay such warrants. From and after the date of posting such notice, such warrants shall cea«e to draw interest. Issuance of bonds. Election. § 9. Whenever in said Knight's Landing ridge drainage district any assessment has been levied and assessed upon the lands of said district, which remains unpaid in whole or in part, and where in the judgment and opinion of the board of drainage commissioners of said district it would be for the best interests of said district or the land owners therein to issue bonds for the purpose of obtaining money to pay the cost of drainage, the indebtedness of the district or any other legal charge, or when a petition signed by the owners of more than one-half of the land in the district is filed with the secretary of the board, the board of drain- age commissioners of said district shall by ord<'r entered upon the records of said board order a special election to be lieM at some place in said district to be designated by said board of drainage commissioners, at which said special election shall be submitted to the owners of land in said district the question of whetlier or not bonds of said district shall be issued in an amount equal to the amount of such indebtedness or the part of such assessment remaining unpaid, which said amount shall be entered by said board of drainage commissioners in its records and stated by them in the order for such special election. After the making of such order no part of the assessment or assessments so designated shall be paid until after said election shall have been held, and if the vote of said election shall be favorable to the issuance of such bonds, said assessment or assessments shall be paid or collected only when demanded for the purpose of redeeming said bonds. Notice of such special election must be given by said board of drainage commissioners by posting notices thereof in at least three public places in the district, at le.ist twenty days prior thereto, and also by publication for the same length of time in some newspaper of general circulation published in each of said coun- ties of Yolo and Colusa, and such notice must specify the time and place 1077 DRAINAGE. Act 977, § 9 of holding such election, the amount of bonds proposed to be issued, and the names of three landholders of the district to act as a board of elec- tion. Affidavits of publication and posting of such notice must be filed with the secretary of said board of drainage commissioners. At such election each owner of lands in the district shall be entitled to vote in person or by proxy, and shall have the right to cast one vote for each dollar's worth of real estate owned by him in the district, the value thereof to be determined from the next preceding assessment-roll of the county where the same is situated. The board of drainage commissioners shall, prior to the election, procure from the assessor of the said counties of Yolo and Colusa, respectively, a list certified by such assessors, respec- tively, containing a description of all the lands of the district situated in such county, the name of the person to whom such tract is assessed and the value thereof, as it appears from the last prior assessment-roll of said counties, which said list shall be furnished to and be used by the said board of election in determining the number of votes each voter is entitled to cast. Executors, administrators, special administrators and guardians may cast the votes of the estates represented by them. Where a tract of land is situated partly within and partly without the bound- aries of such district and the assessment-roll contains a valuation of said tract of land as a whole, the same must be apportioned according to the number of acres lying within and without the boundaries of said district. No person shall vote by proxy at such election unless authority to cast such vote shall be evidenced by an instrument in writing duh^ acknowl- edged and certified in the same manner as grants of real property and filed with the board of election. The ballots cast at such election shall contain the words: "Bonds — Yes," or the words: "Bonds — No," and also the name of the person casting the ballot with the number of votes cast by him. A list of the ballots cast shall be made by the board of election, containing the name of the voter and, if the ballot be east by proxy, the name of the person casting it, the number of votes cast and whether the same be cast for or against the issuing of the bonds. If the persons, or any of them appointed and specified in the notice of election as the board of election fail to attend at the time and place appointed for the election, the voters present at the time for opening the polls may appoint any land owner of the district then present to fill the place of any absent member thereof. Each member of such board of election must, before entering upon his duties as such, take an official oath as such member of the board of election, which said oath may be administered by any officer authorized to administer oaths or by any land owner in the district. The polls shall be kept open for the re- ception of votes from 10 o'clock A. M. until 4 o'clock P. M. At the close of the polls the board of election shall at once proceed to canvass the votes and declare the result and shall forward a certificate, showing the same and the number of votes cast for and against the issuing of bonds, to the secretary of said board of drainage commissioners. Any person interested may contest such election within twenty days after Act 977, § 9 GENERAL LAWS. 1078 the result thereof has been declared by filing a complaint in the superior court of the county of Yolo, and if no contest shall be commenced within said time, the declaration of the result by the board of electjon shall be final and conclusive. If a majority of the votes cast at such election are in favor of the issuance of bonds, the board of drainage commissioners of said district shall cause bonds in the amount stated in the order for the election to be executed and delivered together with the assessment list, to the treasurer of the county of Yolo. Said bonds shall be of the denomination of not less than one hundred dollars nor more than one thousand dollars; they shall be signed by the president of the board of drainage commissioners of said district and attested by the secretary of said board, and shall be numbered consecutively as sold, and bear date at the time of their execution, and shall bear interest at such rate as may be fixed by said board of drainage commissioners, but not to exceed the rate of seven per centum per annum, payable semi-annually on the first day of January and the first day of July in each year, at the office of said county treasurer of Yolo county upon the presentation of the proper coupons therefor. If any coupon shall not be paid when presented because there are no funds, said county treasurer shall indorse such coupon "not paid for want of funds," and thereafter the amount due on such coupons shall bear interest at the rate of six per centum per annum, compounded semi-annually. Coupons for each installment of interest shall be at- tached to said bonds and shall be numbered with the same number as the bonds, and attested by the facsimile signature of the secretary of said board. The principal of said bonds shall be payable at such times as said board of drainage commissioners may prescribe, which time must be expressed in said bonds; but not less than ten per centum of the whole amount of bonds issued, according to their consecutive numbers, shall be paid in ten years from the date of their issue, and no less than five per centum thereof each succeeding year thereafter until all are paid. All bonds must be made payable either on the first day of July or the first day of January. If any bond shall not be presented for payment when the same becomes due, it shall cease to draw interest, but, if pre- sented at such time and not paid for want of funds, the said county treasurer shall so indorse it and thereafter such bond shall draw interest until paid at said rate therein provided, until funds shall have been provided for its payment, which bonds shall be substantially in the fol- lowing form: No. Knight's Landing ridge drainage district, in the counties of Colusa and Yolo, state of California, for value received, promises to pay the holder hereof at the otHce of the treasurer of the county of Yolo, state of California, on the first day of , 19 — , the sum of dollars, in gold coin of the United States with interest in like gold coin at the rate of per centum per annum, payable at the office of said treasurer semi-annually on the first days of January and July in each year, on 1079 DRAINAGE. Act 977, § 9 presentation and surrender of the interest coupons hereto attached. This bond is issued by authority of an act of the legislature of the state of California, approved , 1913, and found in chapter of the statutes of the state of California for the year 1913, and pursuant to an election held in said drainage district on the. day of , 19 — , authorizing its issuance, and is based upon an assessment levied in said district and filed in the office of the county treasurer of said county on the day of , 19 — . In testimony vrhereof, the said district, by its board of drainage com missioners, has caused this bond to be signed by the president of said board, and attested by the secretary of said board, this day of , 19—. > President of said board. Attest: » Secretary of said board. ' And the interest coupons shall be in substantially the following form: "No. The treasurer of the county of Yolo, state of California, vt'ill pay the holder hereof, on the day of , 19 — , at his office in the town of Woodland, county of Yolo, state of California, dollars, gold coin, out of the funds of Knight's Landing ridge drainage district for interest on bond numbered of said district. Attest: Secretary of the board of drainage commissioners of Knight's Landing ridge drainage district." The treasurer of said county of Yolo shall place the bonds prepared pursuant to this act to the credit of said district and shall, when directed by the board of drainage commissioners of the district, sell any of said bonds for the best price obtainable therefor. Before making a sale of said bonds, notice shall be given by said county treasurer that he will sell a specified amount of said bonds, and stating the day, hour and place of such sale. Such notice shall state that sealed proposals will be re- ceived by him for the purchase of said bonds or any part thereof till the day and hour named in the notice. Such notice shall be given at least twenty days before such sale, by publication in a newspaper of general circulation published in the eo\inty of Yolo, and in such other newspaper or newspapers as the board of drainage commissioners may designate. At the time appointed said county treasurer and board of drainage commissioners shall open the bids and award the purchase of the bonds to the highest and best responsible bidder. Said board may reject any and all bids. In case no bid is received and accepted, as herein provided, or a sufficient amount of bonds shall not be sold to carry on the work of construction as contemplated, the board of drainage Act 977, § 9 GENERAL LAWS. 1080 commissioners of said district may enter into and make contracts for constructing the drainage works of said district, jiayable in said bonds, at par, and may use such bonds in payment for labor or services per- formed for, or materials or property furnished to, said district, for the purpose of constructing the drainage works thereof and the expenses necessarily incident thereto; and in making such payments in bonds, the board of drainage commissioners of said district may draw orders upon said county treasurer, payable in bonds, to the amount therein named, for such labor, materials or services so rendered, which order shall thereafter be paid with bonds at par by said county treasurer, upon presentation, to the amount therein provided for, if such bonds then re- maining in the treasury be suflBcient to pay the same. Any money de- rived from the sale of said bonds by said county treasurer shall be placed in the treasury of the county of Yolo to the credit of said dis- trict and a proper record of such transaction shall be placed upon the books of said county treasurer. The board of drainage commissioners of said district may draw orders upon the said county treasurer to pay any legal charge against said district out of the funds provided by sale of said bonds, which orders must be paid by said county treasurer out of any money, excepting the bond redemption fund, then remaining in said treasury to the credit of said district, and no order upon the said county treasurer shall be issued by the board of drainage commissioners unless there are sufficient funils in said treasury to the credit of said district to pay said order. The principal of said bonds and the interest thereon shall be paid by revenue derived as follows: Ninety days before any sum or sums shall become due or payable on account of the prin- cipal or interest or both of said bonds, the board of drainage commis- sioners of the district shall direct that such installment of the assess- ment theretofore levied on the lands of said district and upon which the bonds were issued, as may be necessary to pay the same, shall be collected in the manner hereinabove provided and paid into the county treasury to the credit of the bond fund of said district. Should default be made in the payment of any such installment hereinbefore provided for, or any part thereof, the same shall be collected in the manner provided for by law, and the laws providing for the collection of reclama- tion assessments, or for installments thereof, are hereby made applicable to and available for the collection of the installments herein provideil for. No part of the money collected upon the assessment or assess- ments, for which said bonds were issued, shall be used for any purpose other than the payment of the principal and interest of said bonds, and all sums received by the treasurer from said assessments shall be set apart as a separate fund to be known as the bond fund for the payment of said bonds and the interest thereon, such payments must be made upon the principal of said bonds in the order of their maturity. All sums to be paid to the treasurer of any county, other than the treasurer of the county in which the greater part of said district is situated, shall immediately be paid by said treasurer to the treasurer 1081 DRAINAGE. Act 977, § 10 of the county in -which the greater part of the district is situated, who ^hall place the same to the credit of the district, as hereinabove provided. Upon a sale of any of said bonds, said county treasurer is hereby au- thorized to accept valid outstanding warrants of such district, with the accrued interest thereon, in payment for said bonds. No county as- sessor, tax collector, auditor or clerk shall receive any fee for any ser- vice required to be performed by them under the provisions of this act. All expenses necessarily incurred in carrying out the provisions of this act shall be paid out of any funds in the county treasury, excepting the bond fund, to the credit of said district, upon the order of the board of drainage commissioners of said district. The bonds of said Knight's Landing ridge drainage district, issued pursuant to this act, may be lawfully purchased or received in pledge for loans by banks, trust com- panies, guardians, executors, administrators and special administrators, or by any public officer or officers of this state, or of any county, city, or city and county, or other municipal or corporate body within this state having or holding funds which they are allowed by law to invest or loan. If the assessment in said district, upon which bonds may have been issued, proves inadequate to provide funds to pay the principal and in- terest of said bonds in full, or if any deficiency arises, another assess- ment must be made upon the lauds in such district sufficient to pay such deficiency and assessments must be made from time to time to meet any deficiency arising in the payment of such bonds. If the drainage com- missioners deem it advisable, they may order a special election to be held prior to the making of an assessment, to determine whether or not bonds shall be issued for an amount to be stated in the order for such election, but no bonds shall, in such instance, be issued until an assess- ment for the amount of the bonds authorized at such election shall have been made and filed with the county treasurer. If the authority to issue bonds shall be determined at such special election held prior to making the assessment, the bonds may be issued for the amount of the assess- ■nent remaining unpaid after the lists are returned to the board of drainage commissioners by the county treasurers of the respective coun- ties, or for any less sum. Should, at any time, the amounts realized from the sale of bonds be inadequate to pay the cost of the works re- quired by the plans of drainage, then the said board of drainage com- missioners may dispense with the further sale of bonds and proceed to collect the unpaid assessments in installments as hereinbefore provided in this act. Districts not interfered with. § 10. Nothing in this act shall be construed to in any way authorize or empower said board of drainage commissioners to in any way inter- fere with the management or control of reclamation districts Nos. 108, 730 and 7S7, or any other reclamation districts situate within the bound- aries of said district, or to supersede the powers of such districts. Act 977, §§ 11, 12 GENERAL LAWS. 1082 Should reclamation board be abolished. § IL In case the reclamation board shall at any time be abolished by the repeal of the act creating the same, or in any other way, or in case said reclamation board shall for any reason be unable to act under the powers and duties conferred and required of it by this act, all powers and duties vested in it by this act shall be vested in the board of drainage commissioners of said Knight's Landing ridge drainage dis- trict, except that as to the first election provided in section 3 hereof for five commissioners to be held forty days after this act goes into effect, the .board of supervisors of Yolo county shall have jurisdiction and perform all acts and duties enjoined on said reclamation board. Validity of bonds. Costs. § 12. The board of drainage commissioners may, at any time after the issue of any bonds or the levy of any assessment herein provided for, bring an action in the superior court of the county of Yolo, to de- termine the validity of any such bonds of such levy of assessments; such action shall be in the nature of a proceeding in rem, and juris- diction of all parties interested may be had by publication of summons at least once a week for three weeks in some newspaiM?r of general circulation published in said county of Yolo, such paper to be desig- nated by the court having jurisdiction of the proceedings. Jurisdiction shall be complete within ten days after the full publication of such summons in the manner herein provided. Anyone interested may at any time before the expiration of said ten days appear and by proper pro- ceedings contest the validity of such bonds or assessments. Such action shall be speedily tried and judgment rendered declaring such matter so contested either valid or invalid. Either party may have the right to appeal to the supreme court at any time within thirty days after the rendition of such judgment, which appeal must be heard and determined within three months from the time of taking such apj.eal. If no such proceeding shall have been brought by the board of drainage commis- sioners, then, at any time within thirty days after the levy of any assessment or issue of bonds under the provisions of this act, any district assessment payer may bring an action in the superior court of the county of Yolo, to determine the validity of any such assessment or such bonds. The board of drainage commissioners shall be made parties defendant and service of summons shall be made on the members of the board personally. Said board shall have the right to appear and contest such action. Such action shall be speedily tried, with right of appeal, to either pkrty within the time and manner herein provided for the bring- ing of actions by the board of drainage commissioners to determine such matters. Such appeal shall be heard and determined in the man- ner and within the time therein provided. If more than one action shall be pending at the same time concerning similar contests in this act provided for, they shall be consolidated and tried together. The court hearing any of the contests herein provided for, in inquiring into the 1083 ELECTIONS. Acts 979-1009 ref^ilarity, legality, or correctness of such proceedings, must disregard any error, irregularity, or omission which does not affect the substantial rights of the parties to said action or proceeding. The rules of pleading and practice provided by the Code of Civil Procedure, v\-hich are not in- consistent with the provisions of this act, are applicable to all actions or proceedings herein provided for. The motion for a new trial of any such action or proceeding must be heard and determined within ten days from the filing of the notice of intention. The costs of any hearing, or contest herein provided for, may be allowed and apportioned between the parties, or taxed to the losing party, in the discretion of the court. No contest of any thing or matter herein provided shall be made other than within the time and manner herein specified. § 13. All acts and parts of acts inconsistent- with the provisions of this act are hereby repealed. ACT 979. An act to create a drainage district to be called "Sacramento drainage district," to promote drainage therein; to provide for the election ahd appointment of officers of said drainage district; defining the powers, duties and compensation of such officers and providing for the creation, division and management of reclamation, swamp land, levee drainage and protection districts within said Sacramento drain- age district, and providing for levying and collecting assessments upon the lands within said drainage district. [Stats. 1905, p. 443.] Amended 1907, pp. 736, 903; repealed 1911, p. 5. ACT 980. Citations. Cal. 155/147. TITLE 147. ELECTIONS. ACT 1009. An act to provide for and regulate primary elections, and providing the method whereby electors of political parties may express their choice at such primary elections for United States senator, and to repeal an act entitled an act to provide for and regulate primary elections, and providing the method whereby electors of political parties may express their choice at such primary elections for United States senator, approved March 24, 1909. [Approved April 7, 1911; Stats. 1911, p. 769.] ' Amended Stats. Ex. Sess. 1911, p. 66. Repealed June 16, 1913; Stats. 1913, p. 1413. See post. Act 1010. Citations. App. 16/728, 729; 18/716, 717, 718, 720; (subd. D of subd. 5, § 5) 16/727, 728; (subd. 6, § 5) 16/724. Act 1010, § 1 GENERAL LAWS. 108-1 ACT 1010. An act to provide for and regulate primary elections, and providing a method for choosing the delegates for political parties to state conventions and for nominating electors of President and Vice- President of the United States, and providing for the election of party county central committees, and to repeal the act approved April 7, 1911, known as the direct primary law, and also to repeal the act approved December 24, 1911, amending sections 1, 3, 5, 7, 10, 12, 13, 22, 23, and 24 of the said direct primary law, and also to repeal all other acts or parts of acts inconsistent with or in con flict with the provisions of this act. [Approved June 16, 1913. Stats. 1913, p. 1379.] Definitions. Qualification as political party. CoBStruction of act. In counties having registrar. § 1. Words and phrases where used in this act shall, unless such con- Btruetion be inconsistent with the context, be construed as follows: 1. The words "primary election," any and every primary nominating election provided for by this act. 2. The words "August primary election," the primary election held in August to nominate candidates to be voted for at the ensuing No- vember election or to elect members of a party central committee or delegates to a party convention. 3. The words "May presidential primary election" any such primary election, held in May of each year of the general November election at which electors of President and Vice-President of the United States are to be chosen, as shall provide for the indication of preference in the several political parties for party candidates for President of the United States through the election of delegates to national party con- ventions. 4. The word "election," a general state, county, city or city and county election as distinguished from a primary election. 5. The words "November election," either the presidential election, or the general state, county, or city and county election held in No- vember of each even numbered year. 6. The words "judicial officer," any justice of the supreme court, jus- tice of a district court of appeal, judge of the superior court, justice of the peace, or justice of such inferior court as the legislature may establish in any county, township, incorporated city or town, or city and county; and the words "judicial office," the office filled by any of the above judicial officers. • 7. The words "school officer," the superintendent of public instruc- tion and the superintendent of schools of a county or city and county; and the words "school office," the office filled by any of the above school officers. 8. The words "county officer," any officer elected within the bound- aries of any county or city and county, except a member of the state 1085 ELECTIONS. Act 1010, § 1 senate or assembly or a member of the house of representatives of the con- gress of the United States or a member of any party county central com- mittee or delegate to a state convention from a hold-over senatorial district; and the words "county oflfiee," the office filled by any county officer. The words "township officer," any such county officer as is elected within the boundaries of any judicial township that is now or may be here- after provided by law; and the words "township office," the office filled by any township officer. 9. The word or words "political party," "party," "political organization," or "organization," a jjolitical party or organization of electors which has qualified, as hereinafter provided, for participation in any primary election; and such party or organization shall be deemed to have so qual- ified when any one or more of the three following conditions have been complied with: a. If at the last preceding November election there was polled for any one of its candidates who was the candidate of such party only for any office voted on throughout the state, at least three per cent of the entire vote of the state, or for any one of its candidates who was the joint candidate of such party and any other party for any office voted on throughout the state, at least six per cent of the entire vote of the state; or b. If on or before a date which shall be the fiftieth day before any primary election, there shall have registered within the state, as in- tending to affiliate with such party or organization as shall have been designated in their affidavits of registratioii, qualified electors equal in number to at least three per cent of the total number of electors registered throughout the state for the last preceding November elec- tion; the number of such registered qualified electors to be determined by the secretary of state from the statements transmitted to him as required by subdivision 1 of section 4 of this act; or c. If on or before a date which shall be the fiftieth day before any primary election, there shall be filed with the secretary of state a peti- tion signed by registered qualified electors of the state, whether reg- istered as intending to affiliate with any political party or not, equal in number to at least three per cent of the entire vote of the state at the last preceding November election, declaring that they represent a political party or organization the name of which shall be stated therein, which party said electors desire to have participate in such primary election; such petition to be circulated, signed, and the signa- tures thereon of the registered electors certified to and transmitted to the secretary of state by the county clerks substantially as pro- vided in section 5 of this act, for the circulation, signing, certification, and transmission of nomination papers for state officers; providing, however, that no electors or organization of electors shall assume a party name or designation which shall be so similar to the name of an existing party or organization as to mislead Toterg. Act 1010, §§ 2, 3 -GENERAL LAWS. 1086 This statute shall be liberally construed, so that the real will of the electors shall not be defeated by any informality or failure to comply with all the provisions of law in respect to either the giving of any notice, or the conducting of the primary election or certifying the results thereof. In each county and city and county in this state, having a registrar of voters or registrar of voters and a board of election commissioners, the powers conferred and the duties imposed in this statute upon a county clerk and his deputies, and other oflBcers, in relation to matters of election and polling places, shall be exercised and performed by suth registrar of voters or his deputies, or registrar of voters or his deputies and board of election commissioners; and all nominating papers, lis^t of candidates, expenses, and oaths of office, required by this statute to be made to county clerks, shall be filed with the registrar of voters. Nomination of candidates. § 2. All candidates nominated at a primary election for elective public offices shall be nominated by direct vote at such election held in accordance with the provisions of this act; provided, that electors of President and Vice-President of the United States shall be nomi- nated as provided in subdivision 2 of section 24 of this act. Party candidates for the office of United States senator shall have their names placed on the official primary election ballots of their respective parties and shall be in all respects nominated in the manner herein provided for state officers. This act shall not apply to special elec- tions to fill vacancies; nor to the nomination of officers of municipalities, counties, or cities and counties whose charters provide a system for nominating candidates for such officers; nor the nomination of officers for any district not formed for municipal purposes; nor to the nomi- nation of freeholders to be elected for the purpose of framing a char- ter; nor to the nomination of officers for cities of the sixth class; nor to the nomination of school district offi'?er8. August primary. Legal holidays. § 3. The 'August primary election shall be held at the legally des- ignated polling places in each precinct on the last Tuesday in August, for the nomination of all candidates to be voted for at the ensuing November election. The day of the August primary election and the day of the May presidential primary election are hereby declared to be holidays within the meaning of section 10 of the Political Code. Any person entitled to vote at such August or May primary elections shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed, for the period of two consecutive hours, between the time of opening and the time of closing the polls; and such voter shall not, because of so absenting himself, be liable to any penalty, nor shall any deduction be made, on account of such absence, from his usual salary or wages. 1087 ELECTIONS. Act 1010, § 4 Any primary election other than the August primary election, or May presidential primary election shall be held on Tuesday, three weeks next preceding the election for which such primary election is held. Statement of electors registered. .Notice of offices. § 4. 1. On the first Monday in February, on the Monday which is the fiftieth day before the first Tuesday in May, on the first Monday in June, and on the Monday which is the fiftieth day before the last Tuesday in August, in each even-numbered year, the county clerk or registrar of voters of each county or city and county shall transmit a statement to the secretary of state of the total number of electors registered in his county since the first day of January next preceding, together with the number so registered under each of the several po- litical affiliations, and also the number declining or failing to declare such affiliation. ' At least forty days before the time of holding the August primary election in 1914 and biennially thereafter, the sec- retary of state shall prepare and transmit to each county clerk and to the registrar of voters in any city and county a notice in writing des- ignating the officers for which candidates are to be nominated at such primary election, together with the names of the political parties quali- fied to participate in such election. Publication of notice. 2. Within ten days after receipt of such notice such county clerk or registrar of voters in any city and county shall publish once in each week for two successive weeks in not more than two newspapers pub- lished in such county or city and county so much thereof as may be applicable to his county, including a statement of the number of mem- bers of the county central committee to be elected by each political party in each supervisorial or assembly district, as the case may be, according to the provisions of subdivision 4 of section 24 of this act. Publication of notice. August primary. 3. In the case of August primary elections for the nomination of candidates for city or city and county officers to be voted for at the November election in the odd-numbered years, the city clerk or secre- tary of the legislative body in any such city or the registrar of voters in any such city and county shall cause the publication of notice of such primary election, together with a complete statement of the offices for which candidates are to be nominated, once in each week for two successive weeks in not more than two newspapers of general circula- tion published in such city or city and county, the last publication to be made not more than forty and not less than fourteen days before such primary election. Publication of notice of other primaries. 4. In the case of primary elections other than the August primary elections the city clerk or secretary of the legislative body of the political subdivision for which such primary election shall be held Act 1010, § 5 GENERAL LAWS. 1038 shall cause one publication of such notice to be given, such publication to be not more than forty and not less than fourteen days before such primary election. Method of getting name on ballot. § 5. 1. The name of no candidate shall be printed on an official bal- lot to be used at any primary election unless at least forty daj-s prior to the primary election, if the candidate is to be voted for at the August primary election or the May presidential primary election, and at least twenty days prior to the primary election, if the candidate is to be voted for at a primary election other than the August or May primary election, a nomination paper shall have been filed in his be- half as hereinafter provided by this act. Verification deputies. Form of document. Additional deputies. 2. (a) The candidate may appoint verification deputies to serve within the county or city and county in which such deputies reside in securing signatures to his nomination paper for nomination to the office for which he is a candidate, and the verification deputies thus appointed shall be recognized as the duly authorized verification dep- uties to secure signatures to the nomination paper of such candidate in such county or city and county. The document in which such veri- fication deputies are appointed as herein provided shall be filed with the county clerk of the county or city and county in which such verifica- tion deputies reside, at or before the time the nomination paper of the candidate is left with the county clerk for filing or for examination as provided in subdivision 4 of this section. Said document shall be in substantially the following form: I, the undersigned, a candidate for the party nomination for the office of , which nomination is to be made by direct vote at a primary election to be held on the day of August. 19 — , do hereby appoint the following registered qualified electors of the county of , as verification deputies to obtain signatures in said county to a nomination paper placing me in nomination as a candidate of said party for said office of . Verification Deputies. Names. Besidence. etc. etc. (Signature) (Residence) 1089 ELECTIONS. Act 1010, § 5 Filed in the office of the county clerk of county this day of , 19-, ■ , County Clerk. By , Deputy. In case it is desired to appoint additional verification deputies to secure signatures to the nomination paper of such candidate, one or more similar documents may be filed to supplement the first document. When the office for which the candidate is proposed is a judicial office, school office, county office, or township office, the words " party," and the words "of said party," shall be omitted from said docu- ment. Or, as an alternative to the foregoing portion of this section and subdivision, verification deputies may be appointed in behalf of a candidate as follows: Five electors may propose candidate. Consent of candidate. Form of document. Additional deputies. (b) Any five qualified electors of any county or city and county who are registered as intending to affiliate with the same political party may join in proposing a candidate of such party for nomination to any office to be voted on in such county or city and county at the next ensuing primary election, and in appointing verification deputies to serve within such county or city and county in securing signatures to the nomination paper of such candidate for such office. If the office is an office the candidate for which is to be voted on in more than one county, he may be proposed for nomination as herein provided by five of the registered qualified electors in each of the counties in which such electors may desire to circulate a nomination paper in his behalf. The signatures of the said five qualified electors shall be verified free of charge before any officer authorized to administer an oath, and the document containing such signatures shall be filed with the county clerk of the county or city and county in which said five qualified electors reside, at or before the time the nomination paper of the candidate is left with the county clerk or regi&trar of voters for filing or for exam- ination as provided in subdivision 4 of this section. In said document the five signers shall make affidavit that the candidate therein named for the office therein specified has given his consent to be thus proposed for nomination to such office, and shall also state that the verification deputies therein appointed are duly registered qualified electors of said county or city and county; and the verification deputies therein ap- pointed shall be recognized as the duly authorized verification deputies to secure signatures to the nomination paper of such candidate in such county or city and county. Said document shall be substantially in the following form: 69 Act 1010, § 5 GENERAL LAWS. 1090 State of California, County of , — ss. We, the undersigned, do solemnly swear (or affirm) that we are each qualified electors of the county of , state of California, and that we are each registered as intending to affiliate with the party; and we do hereby propose , who resides (at No. , street in the city of) or (in the town of , county of ), as a candidate for the nomination of such party for the office of , to be voted for at the primary election to be held on the day of August, 19 — ; and we do solemnly swear (or affirm) that said has consented to this proposal of his name as candidate for the nomination for said office. We hereby appoint the following registered qualified electors of this county as verification deputies to obtain signatures in this county to the nomination paper of said to said office of . Verification Deputies. Names. Besidence. etc. • etc. (Signed) Names. Besidence. Subscribed and sworn to before me this day of , 10 — . (Seal) , Notary public (or other official). In case it is desired to appoint additional verification deputies to secure signatures to the nomination paper of said candidate, one or more similar documents may be filed, to supplement the first document. When the office for which the candidate is proposed is a judicial office, school office, county office, or township office, the provisions of this sub- division shall apply, except that the five qualified electors shall make no statement of their party affiliation and may be affiliated with differ- ent parties or with no party; and the candidate proposed for nomina- tion shall not be so proposed as the candidate of any party. .1091 ELECTIONS. Act 1010, § 5 Obtaining signatures to nomination papers, 3. Verification deputies appointed as provided in subdivision 2 of this section to obtain signatures to the nomination paper of any candidate for any office to be voted for at any primary election, may, at any time not more than seventy days nor less than forty days prior to such election, obtain signatures to such nomination paper of such candidate for such office. Each signer of a nomination paper shall sign but one such paper for the same office; provided, that prior to primary elections other than August primary elections or May presidential primary elec- tions, signatures may be obtained not more than forty nor less than twenty days prior to such election. He shall also declare his intention to support such candidate for nomination, and shall add his place of residence, giving his street and number if any. His election precinct shall also appear on the paper just preceding his name, and the date of his signature shall appear at the end of the line just after his residence. Any nomination paper may be presented in sections, but each section shall contain the name of the candidate and the name of the office for which he is proposed for nomination. Each section shall bear the name of the city or town, if any, and also the name of the county or city and county, in which it is circulated, and only qualified electors of such county or city and county, registered as intending to affiliate with the political party in which the nomination is being made, shall Toe com- petent to sign such section. Any section circulated within any incor- porated city or town shall be signed only by registered qualified electors of such city or town. Each section shall be prepared with the lines tor signatures numbered, and shall have attached thereto the affidavit of the verification deputy who has obtained signatures to the same, stating that all the signatures to the attached section were made in his presence, and that to the best of his knowledge and belief, each signature to the section is the genuine signature of the person whose name it purports to be; and no other affidavit thereto shall be required. The affidavit of any verification deputy obtaining signatures hereunder shall be verified free of charge by any officer authorized to administer an oath. Such nomination paper so verified shall be prima facie evi- dence that the signatures thereto appended are genuine and that the persons signing the same are registered qualified electors, unless and until it is otherwise proven by comparison of such signatures with the affidavits of registration in the office of the county clerk or registrar of voters. Each section of the nomination paper, after being verified, shall be returned by the verification deputy who circulated it to one of the five electors by whom the said verification deputy was appointed; and in this manner all the sections circulated in any county shall be collected by said five electors of that county and shall be by them arranged for filing or for examination, as provided in subdivision 4 of this section. In case said verification deputy was appointed directly by the candidate according to tlie provisions of subdivision 2 (a) of this section, the collecting and arranging of the sections of the nomina- Act 1010, § 5 GENERAL LAWS. 1092 tion paper shall he done by the candidate instead of by the "five electors" as hereinbefore provided. Each section of the nomination paper shall be in substance as follows: County of city (or town) of (if any). Nomination paper of , candidate for party nomination for the office of . State of California, County of , — ss. Signer's Statement. I, undersigned, am a qualified elector of the city (or town) of , county of , state of California; and am registered as intending to affiliate with the party; and I hereby nominate who resides at No. street, city of , county of , state of California, as a candidate for the nomination of such party for the office of to be voted for at the primary election to be held on the day of August, 19 — . I have not signed the nomination paper of any other candidate for the same office, and I further declare that I intend to support for such nomination the candidate named herein. No. Precinct. Signature. Residence. Date. 1 sr — 3 4 5 Etc. Verification Deputy's Affidavit. I, , solemnly swear (or affirm) that I have been appointed according to the provisions of subdivision 2, section 5, of the direct primary law, as a verification deputy to secure signatures in the county of to the nomination paper of as candidate for the nomina- tion of the party for the office of ; that all the signatures on this section of said nomination paper, numbered from 1 to inclu- sive, were made in my presence, and that, to the best of my knowledge and belief, each of said signatures is the genuine signature of the per- son whose name it purports to be. (Signed) , Verification deputy. Subscribed and sworn to before me this dav of , 19 — . (Seal) ' . Notary public (or other official). In the case of a nomination paper for any candidate for a judicial office, school office, county office, or township office, the provisions of 1093 ELECTIONS. Act 1010, § 5 this subdivision sliall apply, except that no such nomination paper nor any section thereof shall contain the name of any political party, of any signer thereto, nor shall the candidate be referred to as a candidate for the nomination of any partyj and any nomination paper for any candidate for a judicial office, school office, county office, or township office may be signed by any registered qualified elector of the county or city and county, whether registered as being affiliated with any, or with no, political party. Arrangement prior to filing. Papers for candidates voted for in more than one county. Examination. Verification. Statement. 4. Prior to the filing of a nomination paper for any candidate, the sections thereof must be numbered in order and fastened together by cities or towns or portions of the county not included in such cities or towns, substantially in the manner required for the binding of affidavits of registration by the provisions of section 1113 of the Political Code; provided, that the sections of the nomination paper shall be preceded by an index of precincts, arranged by cities, towns or outside territory in the numerical or alphabetical order of such precincts for each such city, town or outside territory and showing after the name or number of such precinct the numbers of the section pages on which the names of the electors registered in such precinct are to be found, and after the number of each page, the number (in parentheses) of times such names are to be so found on such section page. Such index shall be in substantially the following form: City of . No. of precinct. 1 2 etc. Numbers of section pages containing voters of precinct. 1 (3 times) 2 (5 times) 3(7 times) etc. 1 (4 times) 2 (0 times) 3 (6 times) etc. etc. Town of , etc. etc. And provided, further, that for all nominations of candidates to be voted for in more than one county, or throughout the entire state, the nomination papers, properly assembled, may be consolidated and fastened or bound together by counties; but in no case shall nomination papers signed by electors of different counties be fastened or bound up together. The county clerk of any county or registrar of voters of any city and county shall examine all nomination papers herein provided for which purport to have been signed by electors of his county or city and county, and shall disregard and mark "not sufficient" any name appear- ing on such paper or papers which does not appear in the same hand- writing on an affidavit of registration in his office, or which (except in Act 1010, § 5 GENERAL LAWS. 1091: the ease of nomination papers of candidates for judicial, school, county, or township offices the signers of which may be registered as of any or no party) does not appear on said affidavit as intending to affiliate with the party named in such nomination papers. Such officer shall affix to all nomination papers a certificate reciting that he has exam- ined the same and stating the number of names signed thereto which have not been marked "not sufficient" as hereinabove provided. All nomination papers which by this act are required to be filed in the office of the secretary of state, shall be left with the county clerk or regis- trar of voters for examination, as above provided, at least forty days prior to- the August primary election or the May presidential primary election, and shall, with such certificate of examination attached, within five days after being so left, be forwarded by such county clerk or registrar of voters to the secretary of state, who shall receive and file the same. The verification of signatures to nomination papers shall not be made by the candidate, nor by any county clerk, or registrar of voters, nor by any of the deputies in the office of such county clerk or registrar of voters, nor within one hundred feet of any election booth, polling place, or any place where registration of electors is being con- ducted. Each candidate on or before the thirty-fifth day prior to the August primary election or the May presidential primary election, shall file in the place where his nomination pajier is required to be filed, as provided in section 6 of this act, his affidavit, stating his residence, with street and number, if any; his election precinct; that he is a qualified elector in the election precinct in which he resides; the name of the office for which he desires to be a candidate; and that if nomi- nated he will accept such nomination and not withdraw, and that he will qualify as such officer if nominated and elected; and he shall also make the statement required in subdivision 5 of section 6 of this act. Noth- ing in this act contained shall be construed to limit the rights of any person to become the candidate of more than one political party for the same office upon complying with the requirements of this act, but no person sliall be entitled to become a candidate for more than one office at the same election. Number of signatures required. 5. Except in the case of a candidate for nomination to a judicial office, school office, county office, or township office, nomination papers shall be signed as follows: If the candidate is the candidate for an office to be voted on throughout the state, by not less than one-half of one per centum and not more than two per centum of the vote or registration constituting the basis of percentage as defined iu sub- division 6 of this section of the party of the candidate seeking nomina- tion, within the state; if the candidate is the candidate for an office to be voted on in some political subdivision of the state, but not through- out the state, by not less than one per centum nor more than two per centum of the vote or registration constituting the basis of per- 1095 ELECTIONS. Act 1010, § 5 centage, as defined in subdivision 6 of this section, of the party of the candidate seeking nomination within said political subdivision in which such candidate seeks nomination. Basis of percentage. Separate party ticket. 6. Except in case of a candidate for nomination to a judicial office, school office, county office, or township office, the basis of percentage in each case shall be the highest vote polled by the party for any such candidate as may have been the candidate of such party only, at the preceding general election, or, if there was no candidate who was the candidate of such party only, the basis of percentage shall be the low- est vote received by any candidate who was the joint candidate of such party and of one or more other parties; and if the candidate is the candidate of a party which had no candidate at the preceding gen- eral election, then the basis of percentage shall be upon the number of qualified electors who, on or before the fiftieth day prior to the primary election, shall in registering have declared their intention to affiliate with such party. Every political party qualified to participate in the primary election by the provisions of subdivision 8 of section 1 of this act, whose membership or members shall comply with the provisions of this act by filing nomination papers for one or more candidates, shall be entitled to a separate party ticket at the primary election; but all such party tickets must be alike in the designation of candidates for judicial, school, county, and township offices. In case of change of political subdivisions. 7. Whenever by rearrangement of political subdivisions of the state by any legislature, board of supervisors or other legislative body, the boundaries of such political subdivisions are changed, the highest vote polled by each party in each of the new political subdivisions shall be determined as follows: If the change occurs wholly within any county or city and county, the county clerk or registrar of voters of such county or city and county shall determine as nearly as possible the highest vote of each party in the new political subdivision by adding together for each party the highest vote ia each of the former precincts which now are combined to make up such new political subdivision. If the change occurs outside the limits of any county or city and county, the secretary of state shall determine the highest vote of each party in such new political subdivision by adding together for each party the highest vote in the counties which now are combined to make up such new political subdivision. In the same way that the highest vote for each party in each new political subdivision is ascertained, shall also be ascertained the total vote of all parties, as is required to be done by the provisions of subdivision 9 of this section. Independent candidates. 8. Nothing herein shall be construed as prohibiting the independent nomination of candidates as provided by section IISS of the Polltitu.] Act 1010, § 6 GENERAL LAWS. 1096 Code, as said section was enacted at the fortieth session of the legisla- ture of the state of California; except that a candidate who has filed nomination papers as one of the candidates for nomination to any office on the ballots of any political party at a primary election held under the provisions of this act, and who is defeated for such party nomina- tion at such primary election, shall be ineligible for nomination to the same office at the ensuing general election, either as an independent candidate or as the candidate of any other party, and no person shajl be permitted to file nomination papers for a party nomination and an independent nomination for the same office, or for more than one office at fhe same election. Nor shall any person whose name has been writ- ten in upon any ballot or ballots for any office at any primary elef'tion, have his name placed upon the ballot as a candidate for such office at the ensuing general election, except under the provisions of section 1188 of the Political Code, unless at such primary election he shall have received for such office votes equal in number to the minimum number of nomination papers which would have been required to be filed to have placed his name on the primary ballot as a candidate for nomination to such office. Percentage in case of judicial officers, etc. 9. In the case of a candidate for nomination to a judicial office, school office, county office, or township office, nomination papers shall be signed by not less than one-half of one per centum, nor more than two per centum of the total vote cast by all political parties at the last elec- tion in the state or political subdivision thereof in which such candidate for judicial or school, county, or township office seeks nomination. Record of nominations. 10. The officer with whom nomination papers are filed shall keep a record in which he shall enter the names of all persons filing the same, the name of the office, the party, if any, and the time of filing. Office in which papers must be filed. § 6. All nomination papers provided for by this act shall be filed as follows: 1. For state officers. United States senators, representatives in con- gress, members of the state senate and assembly, delegates to state conventions from "hold-over senatorial districts" and all officers voted for in districts comprising more than one county, in the office of the secretary of state. 2. For officers to be voted for wholly within one county or city and county, except representatives in congress, delegates to "state conven- tions from "hold-over senatorial districts" and members of the state senate and assembly, in the office of the county clerk of such county or in the office of the registrar of voters in such city and county. 3. For city officers, in the office of the city clerk or secretary of the legislative body of such city or municipality. 1097 ELECTIONS. Act 1010, § 7 4. When a nomination paper or sections thereof shall have been received which contain a numhor of signatures equal to two per centum of the vote constituting the basis of percentage as provided in sub- divisions 5, 6 and 9 of section 5 of this act, the officer with whom such papers are required to be filed shall not receive or file further sections of the nomination paper for the candidate named therein. 5. No more signatures shall be secured for any candidate than a number equal to three per centum of the vote constituting the basis of percentage as provided in subdivisions 5, 6, and 9 of section 5 of this act: provided, that if, through miscalculation or otherwise, more signatures are secured than the said three per centum, all sections of the nomination paper containing signatures in excess of said three per centum must be sent to the candidate; and before any nomination paper is filed as provided in this section, the candidate must notify each signer of such excess sections that his name has not been used; and in the affidavit required to be filed in subdivision 4 of section 5 of this act, affiant must state whether he has complied with the provisions contained in subdivision 5 of section 6 of this act. Filing fees. § 7. 1. A filing fee of fifty dollars shall be paid to the secretary of state by each candidate for state office or for the United States senate. 2. A "filing fee of twenty-five dollars shall be paid to the secretary of state by each candidate for representative in congress or for any office, except member of senate and assembly, to be voted for in any district comprising more than one county. 3. A filing fee of ten dollars shall be paid to the secretary of state by each candidate for the state senate or assembly. 4. A filing fee of ten dollars shall be paid to the county clerk or registrar of voters in any city and county when the nomination paper or papers and affidavit of any candidate to be voted for wholly within one county or city and county are filed with such county clerk or regis- trar of voters. 5. A filing fee of ten dollars shall be paid to the city clerk or secre- tary of the legislative body of any municipality when the nomination paper or papers and affidavit of any candidate for a city office are filed with such clerk or secretary of such legislative body. 6. No filing fee shall be required from any person to be voted for at the May presidential primary election, or from any candidate for an office to the holder of which no^ compensation is required to be paid, or for township offices the compensation to the holder of which does not exceed the sum of nine hundred dollars per annum. 7. In no case shall the secretary of state, county clerk, registrar of voters, or city clerk, receive any nomination papers for filing until the requisite fee for such filing, as prescribed in this section, has first been paid to him. 8. When a person is nominated for an office by reason of his name having been written on a ballot that has been voted at any primary Act 1010, §§ 8-10 GENERAL LAWS. 1098 election provided for by this act, he must pay the same filing fee pro- vided for the same office to the same officer as would have been re- quired if nomination papers had been filed to place his name on the primary ballot; otherwise his name must not be printed on the ballot at the ensuing general election; provided, he is not the nominee of another party for the same office. Clerk to pay fees to treasurer. § 8. The county clerk shall immediately pay to the county treasurer and the registrar of voters in any city and county shall immediately pay to the city and county treasurer all fees received from candidates. The city clerk or secretary of the legislative body of any municipality shall immediately pay to the city treasurer all fees received fram can- didates. Within ten days after the primary election the secretary of state shall pay to the state treasurer all fees received from candidates and shall apportion the fees paid to him by each candidate equally among the counties within which such candidate is to be voted for, and certify such apportionment to the state controller, who shall issue warrants on the state treasurer for the amount due each county and the state treasurer shall pay the same. Expense of primary. § 9. The expense of providing all ballots, blanks and other supplies to be used at any primary election provided for by this act and all expenses necessarily incurred in the jireparation for or the conduct of such primary election shall be paid out of the treasury of the city, city and county, county or state, as the case may he, in the same manner, with like effect and by the same officers as in the case of general elec- tions. Secretary of state to transmit list of nominees. Publication by clerk. § 10. At least thirty days before any August primary election pre- ceding a November election or before any May presidential primary election the secretary of state shall transmit to each county clerk or registrar of voters in any city and county a certified list containing the name and postoffice address of each person for whom nomination papers have been filed in the office of such secretary of state, including the candidate for delegate to a state convention, if any, from a "hold-over senatorial district" and who is entitled to be voted for in such county at such primary election, together with a designation of the office for which such person is a candidate and except in the case of a judicial office, or a school office of the party or principle he represents. Such county clerk or registrar of votes shall forthwith, upon receipt thereof, publish under the proper party designation the title of each office (ex- cept a judicial oflice or a school office) which appears upon the certified list transmitted by the secretary of state as hereinbefore provided, together with the names and addresses of all persons for whom nomina- tion papers have been filed for each of said offices in the office of the 1099 ELECTIONS. ActlOlO, §§11, 12 secretary of state, and also the names of all candidates for the county central committee, filed in the office of the county clerk or registrar of voters. He shall also publish the title of each judicial office, school office, county office, and township office, together with the names and addresses of all persons for whom nomination papers have been filed for each of said offices, either in the office of the secretary of state or in the office of the county clerk or registrar of voters, and shall state that candidates for said judicial, scliool, county, and township offices may be voted for at the primary election, by any registered, qualified elector of the county, whether registered as intending to affiliate with any political party or not. He shall also publish the date of the primary election, the hours during which the polls will be open, and that the primary election will be held at the legally designated polling places in each precinct, which shall be particularly designated. It shall be the duty of the county clerk or registrar of voters in any city and county to cause such ijublication to be made once each week for two successive weeks prior to said primary election. Newspapers in which publication shall be made. § 11. Every publication required by this act shall be made in not more than two newspapers of general circulation published in such county or city and county, and one of such newspapers shall represent the political party that cast at the last preceding general election the highest number of votes in such county or city and county, and one of such newspapers, if any, shall represent the party which cast the next highest number of A'otes at such election. In any case where the pub- lication of the notices provided for by this act cannot be made as here- inbefore provided it shall be made in any newspaper having a general circulation in the city or county in which the notice is required to be published. Ballots. Nonpartisan ballot. § 12. 1. All voting at primary elections within the meaning of this act shall be by ballot. A separate official ballot for each political party shall be printed and provided for use at each voting precinct; but all such party ballots must be alike in the designation of candidates for judicial, school, county, and township offices. The ballots must have a different tint or color for each of the political parties participating in the primary election. There shall also be printed and provided a non- partisan ballot of a different tint and color from all the others (or white, if all the others are colored), which shall contain only, but in like manner, all the candidates for judicial, school, county, and township offices to be voted for at the primary election; and one of the nonparti- san ballots shall, at the primary election, be furnished to each regis- tered qualified elector who is not registered as intending to affiliate with any one of the political parties particijiating in said primary election; but to any elector registered as intending to affiliate with any political party participating in the primary there shall be furnished, Act 1010, § 12 GENERAL LAWS. 1100 not a nonpartisan ballot, but a ballot of the political party with which said elector is registered as intending to affiliate. It shall be the duty of the county clerk of each county or of the registrar of voters in any city and county to provide such printed official ballots to be used at any August j)rimary election for the nomi- nation of candidates to be voted for in such county or city and county at the ensuing November election and at any May presidential primary election. It shall be the duty of the city clerk or secretary of the legislative body of any municipality to provide such printed official ballots for any primary election other than the August primary election or the May presidential primary election. Such official ballots to be used at any primary election shall be printed on official paper, furnished by the secretary of state, in the manner provided by section 1196 of the Political Code, and in the form hereinafter provided. The nanios of all candidates for the respective offices for whom the prescribed nomination papers have been duly filed shall be printed thereon. Size. 2. Official primary election ballots used at any primary election for the nomination of candidates to be voted for at any presidential or gen- eral state election, except as provided in subdivision 5 of this section, shall be as long as the herein prescribed captions, headings, party desig- nations, directions to voters and lists of names of candidates, properly subdivided according to the several offices to be nominated for, may re- quire; and no official primary election ballot shall be less than six and one-half inches wide. How printed. 3. Across the top of the ballot shall be printed in heavy-faced gothic capital type, not smaller than forty-eight point, the words: "Official Pri- mary Election Ballot"; providing, that on a nonpartisan ballot said words may be printed in gothic capital type not smaller than twenty-four point. Beneath this heading shall be printed in heavy-faced gothic capital type, not smaller than twenty-four point, the party designation if it be a party ballot; or, in the case of a ballot containing the names of no candi- dates except candidates for a judicial, school, county, or township office, the words, "Nonpartisan Ballot." The instructions" to voters shall bo printed in ten point gothic type. In the case of official primary election ballots to be used at any primary election held for the nomination of candidates other than those to be voted for at a presidential or a gen eral state election, and on which, in accordance with the provisions of this act, the names of candidates may be printed in a single column or in two parallel columns, as the case may be, the words "Official Primary Election Ballot" shall be printed thereon in heavy-faced gothic capital type, not smaller than twenty-four point. The party or nonpartisan designation shall be printed in heavy-faced gothic "capital type, not smaller than eighteen point. The instructions to voters shall be printed in ten point gothic type. 1101 ELECTIONS. Act 1010, § 12 Instructions to voters. 4. At least three-eighths of an inch below the assembly district desig- nation and the date of the primary election shall be printed in ten point f;othic type, double leaded, the following instructions to voters: "To vote for a person whose name occurs on the ballot, stamp a cross (X) in the square at the right of the name of the person for whom you desire to vote. To vote for a person whose name is not printed on the ballot, write his name in the blank space provided for that purpose." Instructions. Candidates in parallel columns. Precedence. Tally sheets. 5. The instructions to voters shall be separated from the lists of candi- dates and the designations of the several offices to be nominated for by one light and one heavy line or rule. The names of the candidates and the respective offices shall, except as may be hereinafter otherwise provided, be printed on the ballot in four or more parallel columns, each two and one-half inches wide. The number of such parallel columns shall be exactly divisible by two, and such parallel columns shall be equally divided on the ballot for party and nonpartisan tickets by a solid black line, extending down from the printed lines separating the instructions to voters from the lists of names of candidates to the bottom margin of the ballot. In the case of a primary election for the nomination of candidates to be voted for at a presidential or general state election, the order of precedence shall be as follows, that is to say: In the column to the left, under the heading state shall be printed the groups of names of candidates for state offices, except judicial and school offices, and for members of the state board of equalization. In the second column, under the heading congressional shall be printed the group of names for United States senator in congress, if any, and for representatives in con- gress. Next, under the heading legislative shall be printed the groups of names for state senator, if any, for member of assembly, and for elec- tion as delegate to the state convention from a hold over senatorial dis- trict," if any. Finally under the heading county committee, shall be printed the names of the candidates for election to membership in the county central committee of the party. In the case of primary elections where state officers are not to be nominated, at the left of the solid black dividing line there may be only one column. In the parallel columns to the right of the solid black dividing line shall be printed the groups of names of candidates for nomination to judicial, school, county, and township offices in the following order: Under the heading judicial shall be printed all the names of candidates for judicial offices, in the order of chief justice supreme court, associate justices supreme court, judge of district court of appeals, judge of superior court and justice of the peace. Next, under the heading school shall be printed all the names of candidates for school offices in the order of state superintendent of instruction, superintendent of schools, and school district officers, if any. Next, under the heading county and township shall be printed the groups of candidates for all county and township offices except judi- Act 1010, § 12 GENERAL LAWS. 1102 cial or school oiBces. In the ease of primary elections where county ofiicers are not to be nominated, at the right of the solid black dividing line there may be only one column. The nonpartisan ballot provided for in subdivision 1 of this section shall be identical as to offices and names of candidates with that portion of the party ballot which is printed to the right of the solid black dividing line hereinabove described. The tally sheets furnished to election officers shall have the names of offices and candidates arranged in the order in which said names of offices an..«»< 1 .c. mc 1 ••"'• •■«->»- ~"-'-~ 1 .a<»Tcurn>a | l«..mi. TM0»A1C«E» MtTIrt ■WLA* «<»«1TO«. „,„ ,,^, -v^^ 1>U>_ '—'•"" 1 ■•••••••a HTt> . .U»0. •"" rm.«™ 1 ■»! II f "»" »«i.«.. 0_MI. M 1. 0_ '"'•■ "■■^" i "'" "" — T.«...r.».r». 1 — IMta WVlfI.*U*K s«isV.— ^ l.li... ' WIUJ«WPl-W^ . ..a.u» •—'"■- 1 ~ 1 ■ ■ fVtw — — '"» """• 1 """••••"• 1 i TMUtX^U 1 >i»Vm uunox " counr couarai »».»«». 1 — ••MowrMno ns- I >»! — • «euua Il-^o.^ ~^-"^1_ K».r...»..». '—'-•— •— -~ u-t. r ..i». > 1. ,u„.«. """"■•'~"" 1 , ' . tmLtrn ...nvo. -'" ■"-•»• 1 c.>.n T«...O.Ui. "»•>-"" CUWtlwutM Cil.>Ui..U» """" """■ I>i»>. w«H.n.™«.. >,.«t»i 1 »»»». • • nus 1 „.x,.™«. "'^•■~™ 1 « MlUV 1 "*"■ "~" 1 •""" •"•"" , MB^ >J,ti,><>.^ •->•. . .-.Aimm.. C.-.OC--. J -^ i^m 1 a. •••no cnxn Ml Tonw l.r».<» •ii« «»•_ ir>oun> 1 «,-«."" ' 'Ml.«i atlTuliOM .»UM. TMkUIMU. 1 |l,.a <•.!». 1 »».•>_> MBI. 1 > I irmuu lo...>«c» ft « Mkvu III^IUTT |D»..fTnvxM „ 1107 ELECTIONS. Act 1010, § 12 NON-PARTISAN BALLOT JUDiCIAL OPHlrCkrk TMtNOM OUrfjMUMtarOMn TtMbrOH . . U.LU.; r W«.T» W1L1»1 ,..U . M^-A., loiir. j<»iKi ...U.r C UTtlKI. r«o«u...TO. 1...U. >..■.<>. ^^^<^.rk;».;.i.i;. »K..»....l ..tu.. ...... .l.onu uurosfc. K)....r.TT.MO. U.UU.UO. ; r.ixu CMKl TAWMIT ,^u.a t tu... T»«. T....0- ^.l».'l>»rt.»»;-.i.-l r.«. T o. »u 1 ..,.<... ...... — --— - - - — — :f!lL°!fl .OM Aia*i.C« iWfc¥ 't(.IWU.<» W.LTU CAMP.ua > . rtr,,;. Ct.».Le . DAVIJ TKOHM MK*LL _^_-^ V teO^ ..VT. .UIO. .u>ri.u> ..ocm. >.C.UIU< THQMU JLHIVi* I 0. t.CP.- C-AL^. ™V,0. n.o.iu»<^.. SCHOOL •*"-■■— T'-"- ■ ■.'loua O..U.O . novu , . w.,^. """ - «»»*"• UTH». «,.t.IS -— ."^ ,A.U.nA2.U =— ••Wl"—* »-"<^ >CU»IC> T.«n«, .l«L«t « P ciLUaciu. l....»oua. CKA.l«CADOI. ..-w' ^ T-oTii 1 ~, „■„.,„", ~ B«I T>.I.O_ , . K,LLJV.. -..n^ 7.u»<» O..STU L U„« . P.TT.UO. l»AU^ ■ »o«A. ,r,m ,^..,^ ^1.^:1;;..., «.»,». »,.,Tt..~. I 0_UU. 7<.I.0_ ,<,.>T.O.C-. ...;.uu I 1 .u.inr 1 lOHn » m.u.0 1 ' Act 1010, § 13 GENERAL LAWS. 1108 Sample ballots. Mailed to voters. Printing of official ballot. In cities. § 13. At least twenty days before the August primary election or before the May presidential primary election each county clerk or reg- istrar of voters in any city and county shall prepare separate sam])le ballots for each political party, and a separate sample nonpartisan ballot, placing thereon in each case in the order provided in subdivision 7 of section 12 of this act, and under the appropriate title of each office, the names of all candidates for whom nomination papers have been duly filed with him, or have been certified to him by the secretary of state, to be voted for at the primary election in his county or city and county. Such sample ballots shall be printed on paper of a different texture from the paper to be used on the official ballot, and one sample ballot of the party to which the voter belongs as evidenced by his registration shall be mailed to each such voter entitled to vote at such August primary elec tion or May presidential primary election, as the case may be, not more than ten nor less than five days before the election. Not more than ten nor less than five days before the August primary election a nonjiartisan sample ballot printed on paper of a diflferent texture from the paper to be used on the official ballot shall be mailed to each registered qualified elector who is not registered as intending to affiliate with any of the parties participating in said primary election. Such clerk or registrar of voters shall forthwith submit the ticket of each political party to the chairman of the county committee of such party and shall mail a copy to each candidate for whom nomination papers have been filed with him or whose name has been certified to him by the secretary of state, to the posloffice address as given in such nomination paper or certification, and he shall post a copy of each sample ballot in a conspicuous place in his office. Before such primary election the county clerk or registrar of voters in any city and county shall cause the official ballot to be printed as provided by section 12 of this act, and distributed in the same manner and in the same quantities as provided in sections 1198, 1199 and 1201 of the Political Code for the distribution of ballots for elections; provided, that the number of party ballots to be furnished to any precinct shall be computed from the number of voters registered in such precinct as intending to affiliate with such party, and the num- ber of nonpartisan ballots to be furnished to any precinct shall be com- puted from the number of voters registered in such precinct without statement of intention to affiliate with any of the parties participating in the primary election. In the case of primary elections for the nomina- tion of candidates for city offices it shall be the duty of the city clerk. secretary of the legislative body of such city or municipality, or such other officer charged by law with the duty of preparing and distributing the otBcial ballots used at elections in such city or municipality, to pre pare and mail the sample ballot and to prepare and distribute the official primary election ballots, and so far as applicable and not otherwise pro- vided herein the provisions of this act shall apply to the nomination of all candidates for city offices. 1109 ELECTIONS. Act 1010, §§ 14-17 Polls open 6 A. M. to 7 P. M. § 14. The polls must be open at 6 o'clock of the morning of the day of primary election and must be kept open until 7 o'clock in the after- noon of the same day, when the polls shall be closed; provided, however, that if at the hour of closing there are any voters in the polling place, or in line at the door, who are qualified to vote and have not been able to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote. But no one who shall arrive at the polling place after 7 o'clock in the afternoon shall be entitled to vote, although the polls may be open when he arrives. No adjoHrnment or intermission shall be taken except as provided in the case of general elections. Election officers. § 15. The officers for primary elections shall be the same, and shall be appointed in the same manner, as provided by law for general elec- tions, and such officers shall receive the same compensation for their services at primary elections as provided by law for general elections. It shall be the duty of the proper officers to furnish the original affi- davits of registration and indexes for use at primary elections, which shall show the names of all voters entitled to vote at such primary elec- tions, and shall be numbered, for purposes of the primary election, in like manner as provided in section 1113 of the Political Code. And all the provisions of section 1096 of the Political Code, so far as they are consistent with the provisions of this act, are hereby made applicable to primary elections within the meaning of this act. Challenge of voter. § 16. Any elector oflFering to vote at a primary election may be chal- lenged by any elector of the city, city and county or county, upon either or all of the grounds specified in section 1230 of the Political Code, but his right to vote the primary election ticket of the political party desig- nated in his affidavit of registration, as provided in section 1096 of the Political Code, or his right to vote the nonpartisan primary ticket pro- viding no such party is so designated, shall not be challenged on any ground or subjected to any tests other than those provided by the con- stitution and section 1230 of the Political Code of this state. Qualified electors may vote. § 17. Any elector qualified to take part in any primary election, who has, at least thirty days before the day of such primary election, quali- fied by registration, as provided by section 1096 of the Political Code, shall be entitled to vote at such primary election, such right to vote being subject to challenge only as hereinbefore provided; and shall, on writing his name or having it written for him on the roster, as provided by law for general elections in this state, receive the official primary election ballot of the political party designated in his affidavit of regis- tration; (or the nonpartisan ballot, providing no such party was so desig- nated), and no other; provided, however, that no one shall be entitled Act 1010, §§ 18-21 GENERAL LAWS. 1110 to vote at any priman' election who has not been a resident of the state one year, and of the county ninety days, preceding the day upon which such primary election is held. He shall be instructed by a member of the board as to the proper method of marking and folding his ballot, and he shall then retire to an unoccupied booth and without undue delay stamp the same with the rubber stamp there found. If he shall spoil or deface the ballot he shall at once return the same to the ballot clerk and receive another. Designating choice. § 18. The voter shall designate his choice on the ballot by stamping a cross (X) in the small square opposite the name of each candidate for whom he wishes to vote. If he shall stamp more names than there are candidates to be nominated for any office, or if for any reason it be im- possible to determine his choice for any office, his ballot shall not be -counted for such office, but the rest of his ballot, if properly stamped, shall be counted. No ballot shall be rejected for any technical error which does not render it impossible to determine the voter's choice, nor even though such ballot be somewhat soiled or defaced. Folding ballot. § 19. When a voter has stamped his ballot he shall fold it so that its face shall be concealed and only the printed designation on the back thereof shall be visible, and hand the same to the member of the board in charge of the ballot box. Such foliled ballot shall be voted as ballots are voted at general elections and the name of the voter checked upon the register as having voted. No intermission between closing of polls and counting of votes. § 20. No adjournment or intermission whatever shall take place until the polls shall he closed and until all the votes cast at such polls shall be counted and the result publicly announced, but this shall not be deemed to prevent anj' temporary recess while taking meals or for th*^ purpose of other necessary delay; provided, that no more than one mem- ber of the board shall at any time be absent from the polling place. Canvass of votes. § 21. As soon as the polls are finally closed the judges must immedi- ately proceed to canvass the votes cast at such primary election. Tho canvass must be public, in the presence of bystanders, and must he con- tinued without adjournment until completed and the result thereof de- clared. Except as hereinafter provided, the canvass shall be conducted, completed and returned as provided by sections 12.53. 1254, 1255, 1256. 3257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267 and 1268 of the Political Code of this state; provided, however, that the ballots of each party must be sealed and returned in separate enveloj^es, and the nonpartisan ballots must be sealed and returned in another separate envelope. The number of ballots agreeing or being made to agree with 1111 ELECTIONS. Act 1010, § 22 the number of names on the lists, as provided by section 1255 of the Political Code, the board must take the ballots from the box, count those cast by each party, and string them separately; count all the votes cast for each party candidate for the several offices and record the same on the tally lists; and count all the votes on all the ballots, both party and nonpartisan, for the candidates for judicial, school, county, and township oflSces, and record the same on the tally lists. Canvass of returns. Declaration of result. Returns to secretary of state. Secretary to compile. § 22. The board of supervisors of each county, the board of election commissioners of any city and county, or, in the case of a city or municipal primary election, the officers charged by law with the duty of canvassing the vote at any city or municipal election in such political subdivision, shall meet at the usual place of such meeting, or at any other place permitted by law, at 1 o'clock in the afternoon of the first Thursday after each primary election to canvass the returns, or as soon thereafter as all the returns are in. When begun the canvass shall be continued until completed, which shall not be later than 6 o'clock in the afternoon of the sixteenth day following such primary election. The clerk of the board must, as soon as the result is declared, enter upon the records of such board a statement of such result, which state- ment shall contain the whole number of votes cast for each candidate of each political party for each candidate for each judicial, school, county, or township office, for each candidate for delegate, if any, to a state convention from a hold-over senatorial district, and for each can- didate for membership in the county central committee; and a duplicate as to each political party shall be delivered to the county, city and county or city chairman of such political party, as the case may be. The clerk shall also make an additional duplicate statement in the same form, showing the votes cast for each candidate not voted for wholly within the limits of such county or city and county. The county clerk or registrar of voters in any city and county shall forthwith send to the secretary of state by registered mail or by express one complete copy of all returns as to such candidates, and as to all candidates for the state assembly, state senate, representatives in congress, judicial officers, except justices of the peace, delegate, if any, to a state convention from a hold-over senatorial district, and as to all persons voted for at the May presidential primary election. The clerk shall also prepare a sepa- rate statement of the names of the candidates of each political party who have received the highest number of votes for the several offices to be voted for wholly within such county, city and county, or other political subdivision in which such primary election was held. The secretary of state shall, not later than the twenty-fifth day after any primary election, compile the returns for United States senator and for all candidates voted for in more than one county, and tor all candidates for the assembly, state senate, representatives in congress' and judicial Act 1010, § 23 GENERAL LAWS. 1112 offices, except justices of the peace, delegate, if any, to a state conven- tion from a hold-over senatorial district, and for all persons voted for at the May presidential primary election, and shall make out and file in his office a statement thereof. He shall compile the returns for the May presidential primary election not later than the twenty-first day after such election, and shall compile said returns in such a manner as to show, for each candidate, both the total of the votes received and the votes received in each congressional district of the state. Names which go on the hallot for the election. Certificates of nomi- nation. Lists of persons entitled to receive votes. § 23. Except in the case of a camiidate for nomination to a judicial office, school office, county office, or township office, the person receiving the highest number of votes, at a primary election as the candidate for the nomination ^f a political party for an office shall be the candidate of the party for such office, and his name as such candidate shall be placed on the official ballot voted at the ensuing election; provided, he has paid the filing fee required by subdivision 8 of section 7 of this act. The name of the person in each political party who receives at a pri- mary election the highest number of votes for United States senator shall also be placed on the official ballot under the heading "United States Senator." In the case of a judicial office, school office, county office, or township office, the candidates equal in number to twice the number to be elected to such office, or less, if so there be, who receive the highest number of the votes cast on all the ballots of all the voters participating in the primary election for nomination to such office, shall be the candidates for such office at the ensuing election, and their names as such candidates shall be placed on the official ballot voted at the ensuing election; provided, however, that in case there is but one person to be elected at the November election to a judicial office, school office, county office, or township office, any candidate who receives at the August primary election a majority of the total number of votes cast for all the candidates for such office shall be the only candidate for such office at the ensuing election. Of the candidates for election to member- ship in the county central committee, the candidates equal in number to the number to be elected receiving the highest number of votes in their supervisorial district or assembly district, as the case may be in accordance with the provisions of subdivision 4 of section 24 of this act, shall be declared elected as the representatives of their district to mem- bership in such committee. It shall be the duty of the officers charged with the canvass of the returns of any primary election in any county, city and county or municipality to cause to be issued official certificates of nomination to such party candidates as have received the highest number of votes as the candidates for the nomination of such party for any offices to be voted for wholly within such county, city and county, or municipality, and cause to be issued to such delegate a certificate of his election; and to cause to be issued official certificates of nomination 1113 ELECTIONS. Act 1010, § 24 to such candidates for .judicial, school, county, or township office as may be entitled thereto under the provisions of this section. It shall be the duty of the secretary of state to issue official certificates of nomination to candidates nominated under the provisions of this act for represen- tatives in congress, members of the state senate and assembly and offi- cers voted for in more than one county; and to issue certificates of elec- tion to all persons elected at the May presidential primary election as dele- gates to their respective national party conventions, and to notify each of said delegates of the total vote received by each of the persons voted for in his party at said election, under the heading "For Presiden- tial Nominee." Not less than thirty days before the November election the secretary of state shall certify to the county clerks or registrars of voters of each county and city and county within the state, the name of every person entitled to receive votes within such county or city and county at said November election who has received the nomination as a candidate for public office under and pursuant to the provisiops of this act, and whose nomination is evidenced by the compilation and state- ment required to be made by said secretary of state and filed in his office, as provided in section 22 of this act. Such certificates shall in addition to the names of such nominees respectively, also show sepa- rately and respectively for each nominee the name of the political party or organization which has nominated such person if any and the desig- nation of the public office for which he is so nominated. The secretary of state shall also certify to the county clerk or registrar of voters the names of those persons who have received in their respective parties the highest number of votes for United States senator. Party conventions. § 24. 1. Party conventions of delegates chosen as hereinafter pro- vided may be held in this state, for the purpose of promulgating plat- forms and transacting such other business of the party as is not incon- sistent with the provisions of this act. State conventions. Platforms. State central committee. Presidential electors. Hold-over senators. Filling vacancies. 2. The candidates of each political party for state officers, if any, except judicial and school officers, and such candidates for senate and assembly as have been nominated by such political party at the primary election, and in whose behalf nomination papers have been filed, together with one delegate chosen by such political party from each senatorial district represented by a hold-over senator, shall meet in a state con- vention at the state capitol at 2 o'clock in the afternoon of the third Tuesday in September after the date on which any primary election is held preliminary to the general November election. They shall forth- with formulate the state platforms of their party, which said state plat- form of each political party shall be framed at such time that it shall be made public not later than 6 o'clock in the afternoon of the following Act 1010, § 24 GENERAL LAWS. 1114: Thursday. They shall also proceed to elect a state central committee to consist of at least three (3) members from each congressional dis- trict, who shall hold office until a new state central committee shall have been selected. In each year of the general November election at whiet electors of President and Vice-President of the United States are to be chosen, they shall also nominate as the candidates of their party as many electors of President and Vice-President of the United States as the state is then entitled to, and it shall be the duty of the secretary of state to issue certificates of nomination to the electors so nominated, and to cause the names of such candidates for elector to be placed upon the ballots at the ensuing November election. Membership in the state convention shall not be granted to a party nominee for a state office or office of senator or assemblyman wlio has become such by reason of his name having been written on a ballot, and who has not had his name printed on the primary ballot by having had a nomination paper filed in his behalf, as provided in section 5 of this act; and, in every such case, a vacancy shall be deemed to e.xist; and any vacancy thereby existing, or existing because no nomination for such office has been made, or for any other cause, shall be filled as hereinafter provided. In any senatorial district represented by a hold- over senator there shall be chosen at such primary election by the electors of every political party one delegate to the state convention, who shall have nomination papers circulated in his behalf, shall have his name placed upon the ballot, and shall be chosen in the same man- ner as a state senator is nominated from any senatorial district; but no such delegate shall be disqualified by reason of holding any office, nor shall any filing fee be required in order to have his name placed upon the ballot. The term "holdover senator" as herein used shall apply to a state senator whose term of office extends beyond the first ^^o)lday in January of the year next ensuing after the primary election, and the term "hold-over senatorial district" shall apply to the district repre- sented by such hold-over senator. In the event that there shall not have been filed any nomination paper for a candidate for any state office or office of senator or assemblyman by the electors of any political party, the vacancy thus created in the state convention of such party shall be filled as follows: (a) If the vacancy occurs in a senatorial or assembly district situated wholly within the limits of a single county or city and county, by ap- pointment by the newlj^ elected county central committee of such party in such county or city and county. (b) If the vacancy occurs in a senatorial or assembly district com- prising two or more counties, by appointment by the newly selected chairman of the several newly elected county central committees of such party in such counties. (c) If the vacancy occurs in a state office, by appointment by the etate central committee of such party. 1115 ELECTIONS. Act 1010, § 24 Such delegate so appointed shall present to the convention credentials signed by the fliairniau and the secretary of the appointing committee, or by the appointing chairman of the several committees, as the case may be. Executive committee. 3. Each state central committee may select an executive committee to which executive committee it may grant all or any portion of its powers and duties. It shall choose its ofScers by ballot and each com- mittee and its officers shall have the power usually exercised by such committees and the officers thereof in so far as may be consistent with this act. The various officers and committees now in existence shall exercise the powers and perform the duties herein prescribed until their successors are chosen in accordance with the provisions of this act. County central committees. Meeting. 4. At each August primary election there shall be elected in each county or city and county a county central committee for each political party, which shall have charge of the party campiaign under general direction of the state central committee or of the executive committee selected by such state central committee. In all counties or cities and counties containing five or more assembly districts the county central committee shall be elected by assembly districts and shall consist of one member for each one thousand electors or fraction thereof in each such assembly district registered as belonging to the political party with which such electors are affiliated as shown by the register of voters of such county or city and county on the first Monday of June next pre- ceding said primary election. In all counties containing less than five assembly districts the county central committee shall be elected by- supervisorial districts, and the number to be elected from any super- visorial district shall be determined as follows: the number of electors registered in any supervisorial district as intending to affiliate with any political party shall be divided by one-twentieth of the number of elec- tors registered in the entire county as intending to affiliate with said party, as such registration exists, in each case, on the first Monday of June next preceding the primary election; and the integer next larger than the quotient obtained by such division shall constitute the number of members of the county central committee to be elected by such party in said supervisorial district. The county clerk or registrar of voters in each county or city and county shall, between the first Monday and the second Monday of June next preceding the primary election, com- plete the number of members of the county central committee allotted to each assembly district or supervisorial district, as the case may be, by the provisions of this subdivision. Each candidate for member of a county central committee shall appear upon the ballot upon the filing of a nomination paper according to the provisions of section 5 of this act, signed in his behalf by the electors of the political subdivision in Act 1010, §§ 25-27 GENER.VL LAWS. 1116 which he is a candidate, as above provided; and the number of candi- dates to which each party is entitled, as hereinbefore provided, in each jwlitical subdivision, receiving the highest number of votes shall be declared elected. Each county central committee shall meet in the court- house at its county seat on the second Tuesday in September following the August primary election, and shall organize by selecting a chairman, a secretary and such other officers and committees as it shall deem necessary for carrying on the campaign of the party. Candidate who filed no papers may withdraw name. Fillins: racancics. § 25. In case as a result of any primary election a person has rs- ceived a nomination to any elective office without first having filed nominating papers and having his name printed on the primary election ballot, he may at least thirty days before the day of election cause his name to be withdrawn from nomination by fiUng in the office wtfere he would have filed his nominating papers had he been a candidate for nomination, his request therefor in writing, signed by him and acknowl- edged before the county clerk of the county in which he resides, and no name so withdrawn shall be printed on the election ballot for the en- suing general election. The vacancy created by the withdrawal of such person as aforesaid, or on account of the ineligibility of such person to qualify as a candidate because of the inhibitions of subdivision 8 of sec- tion 5 of this act shall not be filled. In all other cases vacancies occurring after the holding of any primary election may be filled by the party com- mittee of the city, county, city and county, or state, as the case may be, unless such vacancy occurs among candidates chosen at the primary elec- tion to go on the ballot for the succeeding general election for a judicial school, county, or township office according to the jjrovisions of section 23 of this act, in which case that candidate receiving at said primary election the highest vote among all the candidates for said oflice who have failed to receive a sufficient number of votes to get upon said ballot according to the provisions of said section 23, shall go upon said ballot to fill said vacancy. Tie vote. § 26. In case of a tie vote, if for an office to be voted for wholly within one county or city and county, the county, city and county or city board, as the case may be, shall forthwith summon the candidates who have received such tie A-otes to appear before such board, and such board in the presence of such candidates shall determine the tie by lot. In the case of a tie vote for an office to be voted for in more than ono county, such tie shall be determined by lot by the secretary of state in the presence of the candidates or their legally appointed representa- tives. Such summons must in every case be mailed to the address of the candidate as it appears upon his affidavit of registration. Correction of errors or omission. § 27. Whenever it shall be made to appear by affidavit to the sn- preme court or district courts of api>eal or superior court of the proper 1117 ELECTIONS. Act 1010, § 28 county that an error or omission has occurred or is about to occur in the placing of any name on an official primary election ballot, that any error has been or is about to be committed in printing such ballot, or that any wrongful act has been or is about to be done by any judge or clerk of a primary election, county clerk, registrar of voters in any city and county, canvassing board or any member thereof, or othei person charged with any duty concerning the primary election, or that any neglect of duty has occurred or is about to occur, such court shall order the officer or person charged with such error, wrong or neglect to forthwith correct the error, desist from the wrongful act or perform the duty, or forthwith show cause why he should not do so. Any per- son who shall fail to obey the order of such court shall be cited forth- with to show cause why he shall not be adjudged in contempt of court. Contest of nomination. § 28. Any candidate at a primary election, desiring to contest a nomination of another candidate for the same office, may, within five days after the completion of the official canvass, file an affidavit in the office of the clerk of the superior court of the county in which he de- sires to contest the vote returned from any precinct or precincts in such county, and thereupon have a recount of the ballots cast in any such precinct or precincts, in accordance with the provisions of this section. Such affidavit must specify separately each precinct in which a recount is demanded, and the nature of the mistake, error, misconduct, or other cause why it is claimed that the returns from such precinct do not cor- rectly state the vote as cast in such precinct, for the contestant and the contestee. The contestee must be made a party respondent, and so named in the affidavit. No personal service or other service than as herein provided need be made upon the contestee. Upon the filing of such affidavit the county clerk shall forthwith post in a conspicuous place in his office, upon a bulletin board to be prepared for that purpose, and to have upon it in conspicuous letters the words "Notice of Primary Elec- tion Contests" a copy of the affidavit. Upon the filing of such affidavit and the posting of the same, the superior court of the county shall have jurisdiction of; the subject matter and of the parties to such contest, and all candidates at any such primary election are permitted to be candi- dates under this act, upon the condition that such jurisdiction for the purposes of the proceeding authorized by this section shall exist in the manner and under the conditions provided for by this section. The con- testant on the date of filing such affidavit, must mail a copy thereof to the contestee in a sealed envelope, with postage prepaid, addressed to the contestee at the place of residence named in the affidavit of registra- tion of such contestee, and shall make an affidavit of such mailing and file the same with the county clerk to become a part of the records of the contest. Within two days after the expiration of the time for filing such affidavits, the county clerk shall present all such affidavits and proof of posting as aforesaid to the judge of the superior court of the county, Act 1010, § 28 GENERAL LAWS. 1118 or any judge acting in his place, or the presiding judge of the superior court of a county or city and county, or anyone acting in his stead, which judge shall, upon such presentation, forthwith designate the time and place where such contest shall proceed, and in counties or cities and counties where there are more than one superior judge, assign all the cases to one department by the order of such court. Such order must so assign such case or cases, and fix such time and place for hearing, which time must not be less than one nor more than three days from the presentation of the matter to the court by the county clerk, as herein provided. It shall be the duty of the contestee to appear either in per- son or by attorney, at the time and place so fixed, and to take notice of the order fixing such time and place from the records of the court, without service. No special appearance of the contestee for any pur- pose shall be permitted, and any appearance whatever of the contctjtec or any request of the court by the contestee or his attorney, shall be entered as a general appearance in the contest. No demurrer or objec- tion can be taken by the contestee in any other manner than by answer, and all the objections of the contestee must be contained io his answer in the contest. The court if the contestee shall appear, must require the answer to be made within three days from the time and place as above provided, and if the contestee shall not appear shall note his de fault, and shall proceed with all convenient speed. If the number of votes which are sought to be recounted, or the number of contests are such that the judge shall be of opinion that it will require additional judges to enable the contest or contests to be determined in time to print the ballots for the election, if there be only one judge for such county, he may obtain the service of any other superior judge, and the pro- ceedings shall be the same as herein provided in counties where there is more than one superior court judge. If the proceeding is in a county or city and county where there is more than one superior court judge, the judge to whom the case or cases shall be assigned, shall notify the presiding judge forthwith, of the number of judges which he deems neces- sary to participate, in order to finish the contest or contests in time to print the ballots for the primary election, and the said presiding judge shall forthwith designate as many judges as are necessary to such com- pletion of such contest, by order in writing, and thereupon all of the judges so designated shall participate in the recount of such ballots and the giving of judgment in such contest or contests in the manner herein specified. The said judges so designated by said last-mentioned order, including the judge to whom said contests were originally assigned, shall convene upon notice from the judge to whom such contest or con- tests were originally ansigned, and agree upon the precincts which each one of such judges will recount, sitting separately, and thereupon such recount shall proceed before each such judge sitting separately, as to the precincts so arranged, in such manner that the recount shall be made in such precincts before each such judge as to all the contests pending, so that the ballots opened before one judge need not be opened before an- 1119 ELECTIONS. Act 1010, § 29 other judge or department, and the proceedings before such jndge in mak- ing such recount as to the appointment of the clerk and persons necessary to be assistants of the court in making the same, shall be the same as in contested elections, and the judge shall fix the pay or compensation for such persons and require the payment each day in advance, of the amount thereof by the person Avho is proceeding with and requiring the recount. When the recount shall have been completed in the manner herein required, if more than one judge has taken part therein, all the judges who took part shall assemble and make the decision of court, and if there be any differences of opinion, a majority of such judges shall finally determine all such questions, and give the decision or judgment of tho court in such contest or contests, separately. Such decision or judgment of the court shall be final in every respect, and no appeal can be had therefrom. The judgment shall be served upon the county clerk or registrar of voters by delivery of a certified copy thereof, ^nd may be enforced summarily in the manner provided in section 27 of this act, and if the contest proceeds in more than one county, and the nominee is to be certified by the secretary of state from the compilation of elec- tion returns in his office, then the judgment in each county shall show what, if any changes in the returns in the office of the secretary of state relating to such county or city and county, ought to be made, and all such judgments shall be served upon the secretary of state, by the de- livery of a certified copy, and he shall make such changes in the record in his office as such judgment or judgments require, and conform his compilation and his certificate of nomination in accordance therewith. Campaign expenses. § 29. No candidate for nomination to any elective office, including that of United States senator in congress, shall directly or indirectly pay, expend or contribute any money or other valuable thing, or promise so to do, except for lawful expenses. Lawful expenses as used in this section are limited to expenses for the following purposes only: 1. For the candidate's official filing fee. 2. For the preparing, printing, circulating, and verifying of nomination papers. 3. For the candidate's personal traveling expenses. 4. For rent and necessary furnishing of halls or rooms, during such candidacy, for public meetings or for committee headquarters. 5. For payment of speakers and musicians at public meetings and their necessary traveling expenses. 6. For printing and distribution of pamphlets, circulars, newspapers, cards, handbills, posters and announcements relative to candidates or political issues or principles. 7. For his share of the reasonable compensation of challengers at the polls. 8. For making canvassers of voters. 9. For clerk hire. Act 1010, §§ 30-32 GENERAL LAWS. 1120 10. For conveying infirm or disabled voters to and from the polls. 11. For postage, expressage, telegraphing, and telephoning, relative to candidacy. Verified statement of expenses, etc. With whom filed. § 30. Every person who shall be a candidate for nomination to any elective oflSce, including that of United States senator in congress, shall make in duplicate, within fifteen days after the primary election, a veri- fied statement, setting forth each and every sum of money contributed, disbursed, expended or promised by him, and, to the best of his knowl- edge and belief, by any and every other person or association of persons in his behalf wholly or partly in endeavoring to secure his nomination. This statement must show in detail all moneys paid, loaned, contributed, or otherwise furnished to him directly or indirectly in aid of his election, together»with the name of the person or persons from whom such moneys were received; and must also show in detail, under each of the sub- divisions of section 29 of this act, all moneys contributed, loaned, or ex- pended by him directly or indirectly by himself or through any other person, in aid of his election, together with the name of the person or persons to whom such moneys were paid, or disbursed. Such statemcjit must set forth that the affiant has used all reasonable diligence in its preparation, and that the same is true and is as full and explicit as he is able to make it. Within the time aforesaid the candidate shall file one copy of said statement with the officer with whom his nomination papers were filed, and the other with the recorder of the county or city and county in which he resides, who shall record the same in a book to be kept for that purpose, and to be open to public inspection. No officer shall issue any certificate of nomination to any person until such statement as herein provided has been filed, and no other statement of expenses shall be required except that provided herein, and no fee or charge whatsoever shall be made or collected by any oflicer herein speci- fied for the filing of such statements or a copy thereof. Penalty. § 31. Any person violating any of the provisions of section 29 or sec tion 30 of this act shall be guilty of a misdemeanor, and upon trial and conviction thereof, in addition to the sentence imposed by the court, he" shall forfeit all right to the office for which he was a candidate at the time of violating the provisions aforesaid. Bribes. Penalty. § 32. 1. Any person who shall offer, or with knowledge of the same permit any person to offer for his benefit, any bribe to a voter to induce such voter to sign any nomination paper, and any person who shall accept such bribe or any promise of gain of any kind in the nature of a bribe as consideration for signing any nomination paper, whether such bribe or promise of gain in the nature of a bribe be offered or accepted before 1121 ELECTIONS. Act 1010, §§ 33-36 or after signing, shall be guilty of a misdemeanor and upon trial and conviction thereof shall be punished by a fine of not less than twenty- five dollars nor more than three hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than one hundred and twenty days, or by both such fine and imprisonment. Failure to file nomination papers. 2. Any person who, being in possession of any nomination paper or papers and affidavits entitled to be filed under the provisions of this act, shall wrongfully either suppress, neglect or fail to cause the same to be filed at the proper time and in the proper place shall be guilty of a misdemeanor, and upon trial and conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hun- dred dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprison- ment. Other offenses. 3. Any act or omission declared to be an offense by the general laws of this state concerning primaries and elections shall also in like case be an offense concerning primary elections as provided for by this act, and shall be punished in the same manner and form as therein provided, and all the penalties and provisions of the law governing elections, ex- cept as herein otherwise provided, shall apply in equal force to primary elections as provided for by this act. Secretary of state to prepare forms. § 33. It shall be the duty of the secretary of state and the attorney general to prepare on or before August 1, 1913, all forms necessary to carry out the provisions of this act, which forms shall be substantially followed in all primary elections held in pursuance hereof. Title of act. § 34. This act shall be known as the direct primary law. Constitutionality of act. § 35. If any section, subdivision, 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, sub- division, sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. Repeal. § 36. The act approved April 7, 1911, known as the direct primary law, and also the act approved December 24, 1911, amending sections 1, 3, 5, 7, 10, 12, 13, 22, 23, and 24 of the said direct primary law, are 71 Acts 1013, 1020 GENERAL LAWS. 1122 hereby repealed; and all other acts or parts of acts, inconsistent with or in conflict with the provisions of this act, are also hereby repealed. ACT 1013. An act to provide for and regulate primary elections and providing the method whereby electors of political parties may express their choice at such primary elections for United States senator. [Approved March 24, ]9t)9. Stats. 1909, p. 691.] Repealed April 7, 1911; Stats. 1911, pp. 769, 795. See ante, Act 1009. Citations. Cal. 155/780, 781; 157/319, 320, 321, 399, 400; 158/161, 162, 163, 219. ACT 1020. Creating a state commission in voting or balloting machines, defining their powers, and providing for the use at the option of indicated local authorities of voting or ballot machines for receiving and regis- tering the vote in one or more precincts of any county, or city and county, city or town, at any or all elections held therein, and for ascertaining the result at such elections; and providing for the punishment of all violations of the provisions of this act. [Stats. 1903, p. 262.] Amended 1907, p. 288; 1907, p. 644; Supp. 1907, p. 647; 1911, p. 980; Ex. Sess. 1911, p. 244; 1913, p. 691. The amendments of 1911 and 1913 are as follows: Supervisors may provide for use of voting machines. Machine not per- mitting straight party ticket. § 2. The board of supervisors, or other board having charge and control of elections in each of the counties, and cities and counties, cities or towns of the state, may, at any regular meeting, or at any special meeting called for the purpose, provide for and require the use of a voting or ballot machine, or machines, for receiving and registering the vote at any or all elections held in such county, city and county, city or town, respectively, or in any one or more precincts thereof, and every such board of supervisors, or other board having charge and con- trol of elections in each of the counties, and cities and counties, cities or towns of the state, may determine upon and require the use of voting or ballot machines at any and all elections to be held within such county, city and county, city or town of the state, or in any one or more pre- cincts thereof, and thereupon the voting or ballot machine or machines so determined upon and required shall be used in voting for all public oflBcers, or candidates for nomination to public office, to be voted for by the voters of such counties, cities and counties, cities or towns of the state, or in the precinct or precincts thereof for which the same shall have been so determined upon and required, and also in voting upon 1123 ELECTIONS. Act 1020, § 4 all amendments to the constitution, and upon all laws or propositions or questions whi<^h may be lawfully submitted to such voters, and for receiving and registering the votes cast at any and every such election. Any such board so authorized to provide for and require the use of a voting or ballot machine as hereinbefore specified, may, if the machine has been approved as in this act required, at its option resolve to pro- vide and use only such a voting or ballot machine so constructed and arranged that the voting or ballot machine will not permit of voting a straight party ticket, or for any candidate, by any other method than by turning or pushing the keys separately of each voting space, for each separate candidate voted for. Party nomination may be designated by usual or reasonable abbreviation of party names. [Amendment aijproved April 21, 191J; Stats. 1911, p. 980.] Facilities for voting required before approval. Separate device for each candidate. Straight ticket mechanism. Arrangement of ballot. § 4. No voting or ballot machines shall be approved by the said board unless the same be so constructed as to provide facilities for voting for the candidates of as many different parties or organizations as may make nominations for office, and for and against as many different propositions or amendments as may be submitted, nor shall any such machine be ap- proved unless the same will permit a voter to vote for any person for any office; it must enable the voter to vote and select a ticket all from the nominees of one party, or a ticket selected in part from the nominees of one party, and in part from the nominees of any or all other parties, and in part from independent nominations, or in part or in whole of the names of persons not nominated by any party or upon any independent ticket; such machines must also secure to the voter, privacy and secrecy in the act of voting; such machines must also be so constructed that a voter cannot vote for a candidate or a proposition or amendment for whom or on which he is not lawfully entitled to vote, also to prevent voting for more than one person for the same office, except in cases where the voter is lawfully entitled to vote for more than one person for the same office, in which event they must enable the voter to vote for as many persons for that office as he is by law entitled to vote, and no more; they must also prevent his voting more than once for the same person for the same office; and allow of his reversing his vote in case of mistake or desire to change; and such machines must be so constructed that all votes cast for any person voted for, or for or against any propo- sition or amendment submitted to the voters, shall be accurately regis- tered or recorded, and any machine to be approved by said board must be of such kind, style or pattern as will permit the exercise by each voter of the full right and privilege of his elective franchise under the con- stitution and laws of this state. All voting machines approved by the state commission shall have a separate voting device for each candidate appearing on the ballot. Such machines may also have thereon a straight ticket device for each of the parties for voting a straight ticket vote for Act 1020, § 5 GENERAL LAWS. 1124 candidates of such party; but if so equipped with separate straight ticket voting devices, such separate straight ticket voting device must be locked out of operation. Machines which have been approved with such straight ticket mechanism thereon may bo used in elections with such mechanism rendered inoperative, and machines with such straight ticket mechanism entirely removed therefrom, or machines which omit a party designation of candidates by column or line which have been approved, may be used in such elections, and the omission, removal, or locking out of operation of such straight voting mechanism from the machine that has otherwise been approved bj"^ the commission, need not require a fur- ther examination and approval of a machine of that type. The ballot at any election, whether general, primary, municipal, or otherwise, shall be arranged upon the voting machine as to the order of offices, order of candidates' names, and in otlier respects for such election, as required by the law prescribing tlie form and order of the ballot for such election; provided, however, that blank spaces for the writing in of the names of candidates or delegates or persons to be voted for, whose names are per- mitted to be written upon a ballot or pasted thereon by adhesive sub- stance, under the law prescribing the form of the ballot, for the election, need not follow in the same order or place or places, upon a voting machine, as is prescribed in the law prescribing the form of ballot for the election, if the said voting machine be so constructed and capable of operation that all jiersons wlio by the law prescribing the form of ballot for the election are entitled to he voted for by writing in the name of such person, or pasting thereon the name of such person by adhesive substance, may be voted for by and upon said voting machine, and such votes counted and returned as fully, correctly and effectually as might have been done by the use of the form of ballot prescribed by law for the election, in case no voting machine had been used.. The ballot may be placed upon the machine so the columns will extend either vertically or horizontally, if in all other respects save as to the said blank spaces the ticket is in the form and order which would exist if the election were held bv ballot and without a voting machine. [Amendment approved January 22, 1912; Stats. Ex. Sess. 1911, p. 244.] Also amended April 21, 1911; Stats. 1911, p. 981. Supervisors to furnish machines, etc. § 5. The board of supervisors or other board having charge and con- trol of elections adopting a voting or ballot machine shall, as soon as practicable tJiereafter, provide for such polling place or places, as they may determine, one or more voting machines in complete working order and also such other accessories as may be required for the practical working of the machine, and shall thereafter preserve and keep the machines in repair, and shall have custody of the furniture and equip- ment. If it shall be impracticable to supply each and everv election precinct with voting or ballot machine or machines at any election fol- lowing such adoption, as many may be supplied as it is practicable to 1125 ELECTIONS. Act 1020, § 6 procure, and the same may be used in such election precincts within the count}', or city and county, city or town, as the board having control may direct. Where the board having charge and control of elections, is not the board having control of appropriations of money generally for the territory, but receives its appropriation from the board of super- visors, or board having control of appropriations of money generally for the territory; then and in such event the board of supervisors or board having control of appropriations of money generally, for the ter- ritory represented by such board so having charge and control of elec- tions, shall have exclusive power to purchase or otherwise provide voting or ballot machines for use in such territory. The board of supervisors or board having control of the finances of any county, city and county, or political subdivision, shall have power to sell, lease, alter, exchange, or otherwise at its discretion dispose of any voting machine or voting ma- chine appliances owned by such county, or city and countv. [Amend- ment adopted April 21, 1911; Stats. 1911, p. 982.] Election supplies to be furnished not later than twenty-four hours pre- ceding election. § 6. The county clerk, registrar of voters, or city or town clerk, as the case may be, shall not later than twenty-four hours next preceding the election, cause to be delivered to one of the inspectors of election, duly appointed, at his residence, all necessary supplies, stationery, blank forms, poll and tally lists, and instructions to voters, necessary and proper to the conduct of the election and to the counting and canvassing of the votes, and the return thereof, which forms, blanks, lists, and other stationery shall have been previously prepared by the said county clerk, registrar of voters, or city or town clerk, as the case may be, in such manner as to be adapted to the conducting and returning of such election by such voting or ballot machines as are used at the election. The supplies previously mentioned to be delivered to such inspector, shall, in addition to all other necessary forms, lists, or blanks, include one card stating the penalty for tampering with or injuring a voting machine; two seals for sealing voting machines; one envelope in which the keys to the voting machine are sealed, said envelope to have printed or written thereon the number and location of the election precinct in which the machine is to be used, the number of the machine, the number shown on the protective counter thereof, after the machine has been prepared for the election, and any designation that may be on such seal as the machine is sealed with. Said envelope to have attached to it a detach- able receipt for the delivery of the keys of the voting machine to the inspector of the election at his residence; one envelope in which the keys to the voting machine can be returned by the inspectors after the election; one card stating the name and telephone address of the super- intendent for the day of election; two diagrams of the voting face of the machine as appears after the ballot label showing the titles of the offices and the names of the candidates, and statement of propositions, Act 1020, §§ 7, 8 GENER.M. LAWS. 1126 together with the voting indicators for each, shall have been inserted in the voting machine, and also suitable printed instructions for the guidance of the board of election. [Amendment approved April 21, 1911; Stats. 1911, p. 983.] Designation of voting machine instructors and instruction of election officers. Certificates of competency. Preferences to persons holding certificates. § 7. At least twenty days before any election, other than a special election, at which voting machines are to be used in any political sub- division, the county clerk, registrar of voters or city or town clerk, as the case may be, shall designate one or more deputies, to be provided by the board having charge and control of elections, who are competent for the purpose, as voting machine instructors, and shall cause one or more voting machines of the type to be used at the election, to be set up in his office, for the purpose of having such voting machine instructors give instructions to persons applying to serve as election officers at the ensuing election, and shall also publish notice in one or more daily or weekly newspapers, in such political subdivision, if any is there published, stat- ing that instructions will be given at such office, (stating the location thereof) as to the use of voting machines, to all persons otherwise quali- fied, who shall apply to serve as election officers, at the ensuing election, and requesting qualified persons to attend at such office and apply to serve, and take such instructions. Such notice may also be sent by mail to all such persons as the said county clerk, registrar of voters or city or town clerk, may deem likely to take the same. Such voting machine instructors shall give such instructions to those who apply (subject to the control of the clerk or registrar of voters, that too great a number from a given precinct need not be instructed) and shall report the result to such clerk or registrar of voters, and such clerk or registrar of voters, if satisfied with the report, may issue a certificate of competency to such person, and shall enter the name of such person in the proper book, by precincts, with the residence of such person and the date of certificate of competency, and mail such certificate to such person at the address shown b}' his application or registration. In making up a recommenda- tion of names of persons suitable for election officers, the clerk or regis- trar of voters, shall, where the person is otherwise qualified and able to serve, prefer the persons in each precinct, who have received such a certificate, and the persons thus shown in such recommendation shall be appointed as election officers in the proper precincts, and unless they fail to appear and be sworn or are excused for cause, by the clerk or registrar of voters, shall serve as an election officer at the election. [Amendment approved June 11, 1913; Stats. 1913, p. 691.] Also amended April 21, 1911; Stats. 1911, p. 983. Duties of precinct boards. § 8. The precinct board of election of each precinct shall meet at the polling place therein, at least one hour before the time set for the open- 1127 ELECTIONS. Act 1020, § 8 ing of the polls at each election, and shall proceed to arrange within the guard rail the furniture, stationery, and voting or ballot machine for the conduct of the election. The inspectors of election shall then and there have the voting or ballot machine, instructions to voters, and stationery required to be delivered to them for such election. The in- spector shall thereupon cause at least two instruction cards to be posted conspicuously within the polling place. They shall see that the model, if such model is furnished, is placed where each voter can conveniently operate it and receive instructions thereon as to the manner of voting before entering the machine. They shall post one diagram inside the polling-room and one outside, in places where the voters can conveniently examine them. They shall see that the lantern or other means provided for giving light is in such a condition that the voting machine is suffi- ciently lighted to enable voters to readily read the names on the ballot labels. They shall see that the ballot labels are in their proper places on the machine. They shall open the counting compartment of the voting machine in the presence of the public and the members of the board of election, before the opening of the polls, and inspect the re- cording dials of such machine, and see that each counter number on each dial for a candidate is set at zero (000) and make a certificate sub- stantially in the form hereinafter provided. If any counter number upon such dial for any candidate is found not to register zero (000), a state- ment of the actual register of such counter number, together with the designating number of said dial and letter, shall be made and signed by the election board as to every such dial number, so found registered above zero (000). In such event, in each separate case, the number so found above zero (000) upon the dial of any particular candidate must be deducted from the total vote of such candidate as shown upon that counter number at the close of the polls. The tally sheet shall have plainly printed thereon, so as to occupy an entire page thereof, a state- ment and certificate substantially in the following form: Notice to Election Officers. The board of election shall before opening the polls, open the counting compartment of the voting machine in the presence of the public and the numbers of the board of election, and inspect the recording dials of such machine, and see that each counter number on each dial for a candidate is set at zero (000) and make a certificate substantially in the form below provided. If any counter number upon such dial for any candidate is found not to register zero (000), a statement of the actual register of such counter number, together with the designating number of such dial and letter, shall be made and signed by the election board as to every such dial number so found registered above zero (000). In such event, in each separate case, the number so found above zero (000) upon the dial of any particular candidate must be deducted from the total vote of such candidate, as shown upon that counter number at the close of the polls. Act 1020, § 10 GENERAL LAWS. 1128 Certificate. We, the undersigned members of the election board of election pre- cinct No. , hereby certify that the following statement is a correct statement of all counter number dials upon the voting machine ov machines used at said precinct, which were found to have the counter number upon any dial thereon registered above zero (000), as found by an examination and inspection made by said election board at said precinct before the opening of the polls and in the manner provided by law, and that the name of each candidate affected thereby is berein- below respectively and separately stated, together with each such sepa- rate dial number and each such separate letter of such respective dial, and the number so registered above zero (000), upon any such respective counter dial, and also the number of votes shown upon any such re- spective counter dial at the close of the polls, together with the total vote received by any such candidate so affected, after deducting from such total vote the number so found registered above zero (000) upon the counter number dial of such respective candidate or candidates: Nana. Dial number. Letter. Counter ragister at openinc cf polli above zero (000). Connter regiater at close* • f poll*. Total Tof« receired. Signed: -, Inspector. -, Inspector. -, Judge. -, Judge. [Amendment approved April 21, 1911; Stats. 1911, p. 984.] Instructing voter in operation of machine. Voting secret. Time voter may remain within machine booth. § 10. After the opening of the polls, the inspectors shall not allow any voter to pass within the guard rail until they ascertain that he is duly entitled to vote. Before each voter enters the voting machine, the inspectors of election shall, so far as possible, inform him how to oper- ate the machine, and illustrate same upon the model of the machine, if any be furnished, and call his attention to the diagram. If any voter shall, after entering the voting machine, ask fcr information regarding its operation, the inspectors of election shall give him such necessary 1129 ELECTIONS. Act 1020, § 11 information. The operation of voting b}' an elector, while voting, shall be secret and obscured from all other persons except as provided in cases of voting by assisted electors. At any election at which the number of officers to be elected plus the number of propositions or amendments to be voted on shall together make a total of fifteen or less, no voter shall remain within the voting or ballot machine booth longer than two minutes, and if he shall refuse to leave it after the lapse of two minutes, he may be removed by the inspectors. At any election at which the number of officers to be elected plus the number of propositions or amendments to be voted on shall together make a total of more than fifteen, no voter shall remain within the voting or ballot machine booth longer than three minutes, and if he shall refuse to leave it after the lapse of three minutes he may be removed by the inspectors. The inspectors of election shall occasionally examine the face of the machine and the ballot labels to determine if same have been injured or tampered with. No vote cast in the irregular or blank column shall be counted for a person whose name is printed upon the ballot or face of the machine as a candidate for the same office for which he is voted in the irregular or blank column. All voters in the polling place or standing in line entitled to vote, at the hour for closing the polls, must be permitted to vote. [Amendment approved April 21, 1911; Stats. 1911, p. 986.] Canvass of votes. § 11. As soon as the polls of the election are closed the inspectors of election thereat shall immediately lock the voting or ballot machine against voting, and in the presence and full view of the public who may be lawfully within the polling place, proceed to demonstrate and declare the result of such election as registered or recorded or received by the machine, (subject to any legal deductions made under the provisions of section 8 of this act) in the following manner: One of the inspectors shall, under the scrutiny of the other inspector, of a different political party, in the order of the offices as their titles are arranged on the machine, commencing with the first party or top column, or commence- ment of the ticket as arranged, announce in distinct tones to the clerks of election, the designating number and letter of each counter, and the vote registered thereon, and the clerks of election shall correctly record each announcement so made upon separate respective tally sheets pro- vided for that purpose, before another announcement is made by the inspector. The said inspector shall then in like manner announce the vote recorded for each office on the irregular ballot, and the election clerks shall in like manner record the same. The inspector shall then also in like manner announce the vote on each question or proposition submitted at the election, and the clerk shall in like manner record the same. The canvass of each office shall be completed before pro- ceeding to the next, and the vote as announced shall be written by the clerks in ink on the two tally lists provided therefor in the same order. Act 1020, §§ 14, 16 GENERAL LAWS. 1130 After completing and writii^g down the canvass, in the manner afore- said, the inspectors of election shall verify the same by comparing the figures on the tally lists with the figures on the counters in the ma- chine, and the names recorded on or in the device for voting for persons not nominated, and also with the result registered on the machine as to the vote upon questions or propositions, and in making such com- parison and verification, one of the inspectors shall again distinctly announce and re-call aloud the vote registered upon each counter. The board of election shall then certify in the appropriate place on the tally list, as to the number of voters that voted at the election, as shown by the poll lists, and by the number registered on the public counter, and the number registered on the protective counter, and the number or other designating mark on the seal with which the machine has been sealed, together with other information regarding the machine as pro- vided on the tally list. The counter compartment of the voting machine shall remain open until the tally list and all ocher reports have been fully completed and signed, after which they shall lock the counter com- partment and deliver the keys thereof in a sealed envelope to the county clerk, registrar of voters, or city or town clerk, as the case may be. [Amendment approved April 21, 1911; Stats. 1911, p. 987.] Precincts where voting machines are used. § 14. Where voting machines are used the precincts shall be estab- lished or created in the manner provided by sections 1127, 112S, 1129 and 1130 of the Political Code of tlie state of California. [Amendment ap- proved June 11, 1913; Stats. 1913, p. 691.] Also amended April 21, 1911; Stats. 1911, p. 988. Election officers. Superintendent of machines. Salary. Oath. Bond. Duties. § 16. The provisions of section 1142 of the Political Code shall apply where voting or ballot machines are used jtursuant to this act, provided, however, that at any precinct or polling place where two voting machines are used, two additional clerks of election shall be appointed for service at such polling place, for the election. In any city, or city and county, or county, where voting machines are to be used at any election, or where voting machines are owned, the board having charge and control of elections may, by a majority of such board adopt a resolution to be entered in its minutes, provide for a superintendent as herein provided, and may thereupon select and appoint a superintendent for the care, re- pair, adjustment, arrangement, testing, and preparation of voting or ballot machines. Such person must be a skilled machinist familiar with the arrangement, adjustment, and mechanism of voting machines, and shall, before his appointment, be examined by the board having control of elections as to his competency in these respects. His appointment must also, where made for a territorj' wholly included within any city, or city and county, be approved by the mayor of any such city, or city 1131 ELECTIONS. Act 1020, § 16 and county, wlio shall also have the right to examine such person as to his competency. Said superintendent shall be considered a public officer, and shall hold office under such appointment until removed by the board having charge and control of elections, for cause, and by an order in writing entered in its minutes, after giving such superintendent an op- portunity to be heard, which order of removal shall be final and con- clusive, and not subject to review. In any city, county, or city and county, which at the last general election therein had a registration of voters exceeding seventy thousand, the said board having control of elections may fix the compensation of such superintendent at a sum not to exceed the rate of fifteen hundred dollars per year, payable monthly, and may, by the resolution of appointment, provided such appointment is made by the year, provide that the services of such superintendent shall be given exclusively to said board while he remains in its employ, or under such appointment. Unless such appointment is made by the year and in the manner last mentioned in such city, county, or city and county, and in any event in all other cases, and places, such super- intendent so appointed pursuant to this act shall receive a compensation at the rate of ten dollars per day, for every day he shall be actually employed; provided, however, that in any such place where his compen- sation is fixed by the day under this act, the board having control of elections may fix his compensation at a lesser sum when he is employed merely as caretaker of such voting machines. Such superintendent must file his acceptance of the appointment with the board having charge and control of elections within five days after notice of his appointment, and before entering upon his duties shall take the oath of office pre- scribed by the constitution of this state for public officers, which oath may be taken by and filed with the county clerk, or registrar of voters, and file a bond in a sum to be fixed by the board having charge and con- trol of elections, and not less than ten thousand (10.000) dollars, in a city and county, conditioned for the faithful performance of the duties of his office, with surety and to be approved and recorded as may be required for other officers of such city, county, or city and county; and it shall be his duty to care for, keep in repair, arrange, adjust, test, and prepare all voting machines for complete and correct operation at any election in the political subdivision for which he is appointed. All such voting or ballot machines shall be by him or under his direction ar- ranged, adjusted, and prepared for correct operation at any election in accordance with the provisions of the law of this state, and in accordance with the mechanism and rules for the adjustment and correct operation of such voting machines. The county clerk, registrar of voters, or city or town clerk, as the case may be, shall deliver to such superintendent for his guidance, a €opy of any written or printed instructions which may be furnished by the person or corporation which manufacture the voting machines in use in such political subdivisions. The board having charge and control of elections may also select and employ any addi- tional persons, as assistants, to such superintendent, in the performance Act 1020, § 16a general laws. 1132 of his duties, and may fix and allow the compensation to be paid to said assistants. The said superintendent of voting machines shall, not later than the day previous to the day of election, file with the clerk, or registrar of voters, his affidavit specifying the voting machines by num- ber, that have been adjusted for use at such election, and stating that every one of such machines that have been so adjusted, that each and every of its counters, which register the votes cast for candidates, are adjusted at zero (000), and that, in every other respect, each and every voting machine is adjusted in accordance with the requirements of the law of the state, and according to the mechanism and rules for the ad- justment and correct operation of such voting machines. Where any court, or justice, or judge, of any court, shall make an order or judg- ment, or otherwise direct any change, alteration or modification, to be made in the ballot labels to be used upon any voting or ballot machine, after the sample ballots have been printed, it shall not be necessary to print or distribute new sample ballots, [Amendment approved April 21, 1911; Stats. 1911, p. 988.] Machines to be examined, tested, and sealed before elections. § 16a. Within not more than thirty-five, nor less than twenty-five days, before the holding of any election in any county, city and county, city or town, at which is to be used voting or ballot machines, under the provisions of this act, the county clerk, registrar of voters, or city or town clerk, as the case may be, shall fix a day, which shall not be more than twenty days, nor less than five days, before the date of such election, upon which the voting or ballot machines to be used at such election shall be examined, tested and sealed as hereinafter provided. At least twenty days before an election in any political subdivision where voting machines are to be used in one or more precincts of such subdivision, under and pursuant to the law of this state, it shall be the duty of the county clerk, registrar of voters, or city or town clerk, as the case may be, to notify in writing, by mail, with postage prepaid, the chairman or secretary of the executive or central committee of any political party or organization for the territory, the membership of which may have made nominations of candidates to be voted for at such election, or of any political party whose party name is lawfully used as a designation by a candidate, that it may apj>oint representative of such political party who shall be authorized to attend and observe the final adjustment, testing and sealing of such ballot machines, and there- upon it shall be the right of such committee to appoint as many repre- sentatives, not to exceed three for each political party or organization, as it may see fit to select for such purpose, and to issue certificates of such appointment to such representatives, by the secretaries of such committees or organizations, respectively. Such notice shall also name and specify the date and place where such examination, testing and seal- ing of such machines will commence, and that the same will continue, if necessary, at said place from day to day until completed. The com- 1133 ELECTIONS. Act 1021, § 1 niittee or organization, empowered to appoint such representatives, sliall immediately, upon making such appointment, notify tlie said representa- tive or representatives so appointed, respectively, of sucli appointment and of the time and place wheje such examination, testing and sealing of such voting or ballot machines will commence, and shall also forth- with, send to the said county clerk, registrar of voters, or city or town clerk, as the case may be, the name and full address of each such repre- sentative appointed. Thereafter, at the time specified in such notice, and until the completion thereof, the said representative or representa- tives shall be entitled to attend and observe the final adjustment, test- ing and sealing of such voting machines, under the direction of the board of election commissioners, or of the superintendent provided for by this act, and such adjustment, testing and sealing shall proceed in the pres- ence of as many of said representatives as shall assemble to observe and view the same, and a full and complete opportunity shall then and there be given by such superintendent and his assistants, to such rep- resentatives to observe the processes by which such adjustment, testing and sealing is performed, and to see that the said voting machines are so adjusted that each counter is set at zero (000), and without any vote registered thereon for the advantage of any party or candidate or other- wise. When the said machines are so sealed they shall not be unsealed again except by the precinct election boards on the day of election, to the extent necessary for the proper and lawful conduct of the election. Any candidate may attend in person or appoint in writing signed by such person, a representative to attend, with all the rights and privileges provided bv this section. [New section approved April 21, 1911; Stats. 1911, p. 990.] ACT 1021. An act to regulate the conduct of election campaigns, and repealing an act entitled "An act to promote the purity of elections by regulating the conduct thereof, and to support the privilege of free suffrage by prohibiting certain acts and practices in relation thereto, and providing for the punishment thereof," approved February 23, 1893. [Approved March 19, 1907. Stats. 1907, p. 671.] Amended 1913, p. 396. The amendment of 1913 follows: Statement of campaign expenses. Names of contributors. Disclaimer of responsibility. Filing. § 1. Every candidate who is voted for at any public election held vrithin the state shall, within fifteen days after the day of holding such election, file, as hereinafter provided, an itemized statement, showing in detail all moneys paid, loaned, contributed, or otherwise furnished to him, or for his use, directly or indirectly, in aid of his election, and all money contributed, loaned!^ or expended by him, directly or indirectly Act 1022, §§ 1-3 GENERAL LAWS. 1134 by himself or through any other person, in aid of lis election. Such statement shall give the names of the various jtersons who paid, loaned, contributed, or otherwise furnished such moneys in aid of his election, and the names of the various persons to whom such moneys were con- tributed, loaned or paid, the specific nature of each item, the service performed, and by whom performed, and the purpose for which the money was expended, contributed or loaned. If the candidate seeks to avoid the responsibility of any illegal payment made by any othei person in his behalf, he shall set out such illegal payment and disclaim responsibility therefor. Candidates for office to be filled by the electors of the state or of any political division thereof greater than a county, and for members of the senate and assembly, representative in congress, or members of the state board of equalization, or state board of railroad commissioners, shall file their statements in the office of the secretary of state. Candidates for all other offices shall file their statements in the office of the clerk of the county wherein the election is held, and within which the duties of the office for which the candidate is voted for are to be exercised. The statement of a committe or candidate shall be recorded in the office of the county recorder, and shall, after being filed, become a public record, and open at all times to public inspection and no fee or charge whatsoever shall be collected or made by anj' officer herein specified for filing or recording any statement required to be filed or recorded under the provisions of this act. Vouchers must be filed for all expenditures, excejit in tlie case of sums under five dollars. [Amendment approved June 6, 1913; Stats. 1913, p. 396.] ACT 1022. An act to permit the consolidation of elections and to provide a procedure therefor. [Approved June 11, 1913. Stats. 1913, p. 693.] Consolidation of elections on same day. § 1. Whenever two or more elections are called to be held on the same day, in the same territory, or in territory that is in part the same, such elections may be consolidated in the manner provided by this act. Same, § 2, Any such two or more elections, whether held under a freeholders' charter or under any state law, or both, may be so consolidated and different elections called by the same governing body may be so consoli- dated. Authority to consolidate. § 3, Such elections may be consolidated as to territory which is the same by order of the governing body or bo lies calling the' elections; and where one of the elections to be consolidated is a state election, the board of supervisors of the county, wherein said consolidation may be had shall 1135 ELECTIONS. Act 1022a, § 1 have authority to order such consolidation, as respects such state elec- tion. Voting places, offices, returns, etc., of consolidated elections. § 4. Within the territory aflected by such order of consolidation, the election precincts, polling ]ilaces and voting booths shall, in every case, be the came and there shall be only one set of election officers in each of such precincts. When the returns of elections consolidated under this act are required to be canvassed by different canvassing bodies, such elec- tions shall be conducted separately in the same manner as if they had not been consolidated, except as in this section provided. When the returns of any two or more elections consolidated under this act are re- quired to be canvassed by the same body, such elections shall be held in all respects as if there were only one election, and only one ticket or ballot shall be used thereat. Appointment of officers, etc. § 5. When elections are consolidated under the provisions of this act, the governing body or bodies ordering such consolidation may, in the territory affected thereby, provide for the appointment of officers of elec- tion, for the formation of precincts for such elections and the expenses of said election. Act of 1911 not repealed. § 6. Nothing in this act shall be so construed as to repeal an act of the legislature of the state of California, entitled "An act to provide for the regulation of the traffic in alcoholic liquors by establishing local option; authorizing the filing of petitions praying for elections to vote upon the question whether the sale of alcoholic liquors shall be licensed within the territory described in such petitions; providing for the calling and holding of such elections; making it the duty of the proper govern- ing body to declare such territory to be no-license territory unless a majority of votes is cast in favor of license; providing that no licenses, j>ermits or other authority to sell or distribute alcoholic liquors in no- license territory shall be granted; forfeiting and declaring void all such licenses or permits theretofore issued and in force; making it a penal offense to sell, give away or distribute alcoholic liquors within such ter- ritory, with certain exceptions; and providing penalties for such offenses," approved April 4, 1911. ACT 1022a. An act to legalize registrations of electors. [Approved December 4, 1911. Stats. Ex. Sess. 1911, p. 1.] Registrations declared legal and valid. Registrations of married women. § 1. All registrations of electors of this state, heretofore made or attempted to be made, which are defective or illegal by reason of any defect, irregularity, or illegality in the appointment, qualification, or au- Act 1024, § 1 GENEKAL L-VWS. 1136 thority of the deputy clerks or other officials or persons before -whom such registrations may have been made, or who took the affidavits of the persons so registering, and all registrations of married women, who have registered under the given names, or the initials of the given names of their respective husbands, are hereby declared to be valid and legal, and are hereby validated in every case where the elector, who has made such illegal or defective registration, was, at the time of such registra- tion, in all respects eligible to register as an elector of this state, and possessed all of the qualifications required therefor by the constitution and laws of this state. Declaration of urgency. Facts constituting necessity for legislative ac- tion. § 2. This act is hereby declared to be an urgency measure within the meaning of section 1, article 4 of the constitution, and is deemed necessary for the immediate preservation of the public peace and safety. The following is a statement of the facts constituting such necessity: That elections are about to be held in certain municijialities in this state prior to the first day of January, 1912, and defects and irregularities have occurred in the registration of a large number of electors in such munici- palities, which defects, owing to defects and irregularities in the ap- pointment, qualification or authority of the dejuity clerks or other oflBcials or persons before whom such registrations were made, and to the regis tration of married women under the given names, or initials of the given names of their respective husbands, and by reason whereof a question has arisen regarding the right of many persons, so registered, to vote at said elections, who were, at the time of such registration, in all re- spects eligible to register as electors of this state, and who possessed all of the qualifications required therefor by the constitution and laws of this state; that there is now existing a feeling of public unrest and apprehension regarding such registration and such elections; that, unless the right of such persons to vote at such elections is legally established prior to the holding thereof, public disorder and breaches of the public peace at such elections are liable to ensue, and the public safety and the orderly conduct of such elections are liable to be endangered. TITLE 147a. ELECTRICITY. ACT 1024. An act regulating the placing, erection, use and maintenance of electric poles, wires, cables and appliances, and providing for the punishment for the violation thereof. [Approved April 22, 1911. Stats. 1911, p. 1037.] Provisions not applicable to telephone wires, etc. § 1. No commission, officer, agent or employee of the state of Cali- fornia, or of any city and county or city or county or other political sub- division thereof, and no other person, firm, or corporation shall 1137 ELECTRICITY. Act 1024, § 1 (a) Run, place, erect or maintain any wire or cable used to conduct or carry electricity, on any pole, or any cross-arm, bracket or other ap- pliance attached to such pole, within a distance of thirteen (13) inches from the center line of said pole; provided, that the foregoing provi- sions of this paragraph (a) shall be held not to apply to telephone, tele- graph or other "signal" wires or cables which are attached to a pole to which is attached no wire or cable other than telephone, telegraph or other "signal" wire or cable, except within the corporate limits of any city or town which shall have been incorporated as a municipality, nor shall the foregoing provisions be held to apply to such wires or cables in cases where the same are run from underground and placed vertically on poles, nor to "bridle" or "jumper" wires on any pole which are at- tached to telephone, telegraph or other "signal" wires on the same pole, nor to any "aerial" cable, as between such cable and any pole on which it originates or terminates, nor to wires run from "lead" wires to arc lamps or to transformers placed upon poles, nor to any wire or cable where the same is attached to the top of a pole, as between it and the said pole, nor to any "aerial" cable containing telephone, telegraph or other "signal" wires where the same is attached to a pole on which no other wires or cables than wires continuing from said cable are main- tained; provided, that electric light or power wires or cables are in no case maintained on the same side of the street or highway on which said "aerial" cable is placed. Electric wire withir thirteen inches of pole. Last wire, etc., run in vio- lation. (b) Run, place, erect or maintain in the vicinity of any pole (and unattached thereto) within the distance of thirteen (13) inches from the center line of said pole, anj' wire or cable used to conduct or carry elec- tricity, or place, erect or maintain any pole (to which is attached any wire or cable used to conduct or carry electricity) within the distance of thirteen (13) inches (measured from the center of such pole) from any wire or cable used to conduct or carry electricity; provided, that as between any wire or cable and any pole, as in this paragraph (b) named, only the wire, cable or pole last in point of time run, placed or erected, shall be held to be run, placed, erected or maintained in violation of the provisions of this paragraph; and further provided, that the provisions of this paragraph (b) shall not be held to apply to telephone, telegraph or other "signal" wires or cables on poles to which are attached no other wires, as between such wires and poles to which are attached no other wires or cables than telephone, telegraph or other "signal" wires, pro vided, such wires, cables and poles are not within the corporate limits of any town or city which shall have been incorporated as a municipality. Wires within four feet of each other. Two systems occupsdng same pole. (c) Run, place, erect or maintain, above ground, within the distance of four (4) feet from any wire or cable conducting or carrying less 72 Act 1024, § 1 GENERAL LAWS. 1138 than six hundred volts of electricity, any wire or cable which shall con- duct or carry at any one time more than six hundred volts of electricity, or run, place, erect or maintain within the distance of four (4) feet from any wire or cable which shall conduct or carry at any one time more than six hundred volts of electricity any wire or cable conducting or carrying less than six hundred volts of electricity; provided, that the foregoing provisions of this paragraph (c) shall be held not to apply to any wires or cables attached to a transformer, within a distance of four (4) feet (measured along the line of said wire or cable) from the point where such wire or cable is attached to such transformer, nor to wires or cables within buildings or other structures, nor to wires or cables where the same are run from underground and placed vertically on poles, nor to any "lead" wires or cables between the point where the same are made to leave any pole for the purpose of entering any building or other structure, and the point at which they are made to enter such building or structure; and provided, further, that as between any two wires or cables, or any wire or any cable run, placed, erected or maintained in violation of the provisions of this paragraph (c), only the wire or cable last in point of time run, placed or erected shall be held to be run. placed, erected or maintained thus in violation of said provision, and further provided, that where no more than one cross-arm is maintained on a pole, all the wires or cables conducting or carrying at any one time more than six hundred volts of electricity shall be placed on the cross-arm on one side of the pole, and all the wires or cables conducting or carrying less than six hundred volts of electricity shall be placed on the cross-arm on the other side of the pole, and further provided, that the space between any wire or cable carrying or conducting at any one time more than six hundred volts of electricity and any wire or cable carrying less than said voltage shall be at least thirty-six (36) inches clear measurement in a horizontal line; and further provided, that where two or more systems for the distribution of electric light or power oc- cupy the same poles with wires or cables, all wires or cables conducting or carrj'ing at any one time more than six hundred volts of electricity shall be placed on the cross-arms on one side of the pole, and all wires or cables conducting or carrAing less than said voltage shall in such case be placed on the cross-arms on the other side of the pole, and further provided, that the space between any wire or cable conducting or carry- ing at any one time more than six hundred volts of electricity and any wire or cable conducting or carrying less than said voltage shall be at least thirty-six (36) inches in measurement in a horizontal line, and further provided that in such construction all cross-arms shall be at least thirty-six (36) inches apart in a vertical line. Cross arms holding wire carrying more than six hundred volts to be painted yellow, (d) Run, place, erect or maintain, any wire or cable which shall conduct or carry at any one time more than six hundred volts of elec- 1139 ELECTRICITT. Act 1024, § 1 Vricity, without causing each cross-arm, or such other appliance as may be used in lieu thereof, to which such wire or cable is attached to be kept at all times painted a bright yellow color; or, on such cross-arm, or other appliance used in lieu thereof, shall be placed enameled iron signs, providing, in white letters on a green background, the words "High voltage," and these letters shall be not less than three (3) inches in height, said signs shall be securely fastened on the face and back of each cross-arm. The provisions of this paragraph (d) shall not be held to apply to cross-arms to which are attached wires or cables carry- ing or conducting more than ten thousand volts of electricity, and which are situated outside the corporate limits of any town or city which shall have been incorporated as a municipality. Guy wires to be insulated. (e) Run, place, erect or maintain any "guy" wire or "guy" cable attached to any pole or appliance to which is attached any wire or cable used to conduct or carry electricity, without causing said "guy" wire or "guy" cable to be effectively insulgted at all times at a dis- tance of not less than four (4) feet nor more than eight (8) feet (meas- ured along the line of said wire or cable) from the upper end thereof, and at a point of not less than eight (S) feet vertically above the ground from the lower end thereof; and further provided, that wherever two or more "guy" wires or "guy" cables are attached to a pole there shall be at least one foot, vertical space, between the points of attachment, and further provided, that no insulation shall be required at the lower end of a "guy" wire or '"guy" cable where the same is attached to a ground anchor; none of the provisions of this paragraph (e) shall be held to apply to "guy" wires or "guy" cables attached to poles carry- ing no wire or cable other than telephone, telegraph or other "signal" wire or cable, and which are situated outside the corporate limits of any town or city which shall have been incorporated as a municipality. Vertical wires to be insulated. (f) Eun, place, erect or maintain, vertically on any pole, any wire or cable used to conduct or carrj' electricity, without causing such wire or cable to be at all times wholly incased in casing equal in durability and insulating efficiency to a wooded casing not less than one and one-half inches thick. The provisions of this paragraph (f) shall not be held to apply to vertical telephone, telegraj'h or other "signal" wires or cables on poles where no other than such wires or cables are maintained, ' and which are outside the corporate limits of any town or city which shall have been incorporated as a municipality. Arc lamps may not be placed on poles with transformers. (g) Place, erect or maintain on any pole, or on any cross-arm or other appliance on said pole, which carries or upon which is placed an electric arc lamp, any transformer for transforming electric currents. Act 1024, §§ 2, 3 GENERAL LAWS. 1140 Wires carrying more than fifteen thousand volts. (h) Eun, place, erect or maintain any wire or cable carrying more than fifteen thousand volts of electricity across any wire or cable carry- ing less than said voltage or across any public highway, except on poles of such height and so placed at each crossing that under no circum- stances can said wire or cable of said voltage higher than fifteen thou sand volts in case of breakage thereof or otherwise, come in contact with any wire or cable of less than said voltage, or fall within a dis- tance of ten (10) feet from the surface of any public highway; or in lieu thereof double strength construction may be installed, in which case the wires carrying a voltage higher than fifteen thousand volts shall, between the points of crossing, be of a cross-section area equal to at least twice that used in the line outside of such crossing, except where the conductor used is equal to four naught (UUOO) Brown and Sharpe gauge or greater, in which case the wires or cables will be considered as com- plying with the law. Safety bolts for suspension wires. (i) Eun, place, erect or maintain any suspension wire to which is at- tached any "aerial" cable of "seventy-five pair numVier nineteen Brown and Sharpe gauge" or over, or of "one hundred pair number twenty-two Brown and Sharpe gauge" or over, suspended from a cross-arm (or from any other structure or appliance from which said suspension wire is hung) by a single bolt and clamp without at the same time attaching said suspension wire to said cross-arm, structure or appliance by an additional "safety" bolt and clamp (or other "safety" appliance for thus attaching said suspension wire) of tensile strength equal to the first herein said bolt and clamp. Preceding not applicable to direct current wires, etc. § 2. None of the provisions of the preceding section shall be held to apply to "direct current" electric wires or cables having the same polarity, nor to "signal" wires when no more than two (2) of such "signal" wires are attached to any one pole, provided, that none of such "direct current" or "signal" wires shall in any case be run, placed, erected or maintained within the distance of thirteen (13) inches from the center line of any pole (other than the pole or poles on which said wires or cables are carried) carrying electric wires or cables; and pro- vided further, that as between any two wires, or cables, or anv wire or cable run, placed, erected or maintained in violation of the provisions of this section 2 only the wire or cable last in point of time run, placed, erected or maintained shall be held to be run, placed, erected or main- tained thus in violation of said provisions. Span wires. § 3. No commission, officer, agent or employee of the state of Cali- fornia, or of any city and county or city or county or other political subdivision thereof, and no other person, firm or corporation shall run, 1141 ELECTRICITY. Act 1025, § 1 place, erect or maintain any "span" wire attached to any wire or cable used to conduct or carry electricity, without causing said "span" wire to be at all times effectively insulated between the outer point at which it is in any case fastened to the pole or other structure by which it is hung or supported, and at the point at which it is in any case thus attached, provided, tliat such insulation shall not in any case be placed less than two (2) feet nor more than four (4) feet from said point at which said "span" wire is so attaclied, and that when in any case, such "span" wire is attached along its length to any two (2) such wires or cables, conducting or carrying electricity and extending parallel to each other, not more than ten (10) feet apart, such insulation shall not be required therein at any point between such parallel wires or cables; none of the provisions of this section (3) shall be held to apply where "feeder" wires are used in place 'of "span" wires. Penalty for violation. § 4. Any violation of any provision of this act shall be deemed to be a misdemeanor, and shall be punishable upon conviction by a fine of not exceeding five hundred dollars ($500) or by imprisonment in a county jail not exceeding six (6) months or by both such fine and im- prisonment. § 5. All acts or parts of acts which are in conflict with the, or with any of the provisions of this, act are hereby repealed. § 6. This act shall take effect six months from the date of its pas- sage in so far as it relates to new work, and a period of five years shall be allowed in which to reconstruct all existing work and construc- tion to comply with the provisions of this act. ACT 1025. An act to regulate the construction and maintenance of subways, man- holes, and underground rooms, chambers, and excavations, used to contain, encase, cover, or conduct wires, cables, or appliances to con- duct, carry, or handle electricity, and providing the punishment for the violation thereof. [Approved April 22, 1911. Stats. 1911, p. 1042.] § 1. No commission, officer, agent, or employee of the state of Cali- fornia or of any city and county or city or county or other political subdivision thereof, and no other person, firm or corporation, shall build or rebuild or cause to be built or rebuilt within the state of California: Dimensions of electric wire subways. (a) Any subway, manhole, chamber, or underground room used or to be used to contain, encase, cover or conduct any wire, cable, or appli- ance, to conduct, carry or handle electricity, unless such subway, man- hole, chamber or underground room shall have an inside measurement of Act 1025, § 1 GENERAL LAWS. 1142 not less than four (4) feet at the maximum points between the sid« walls thereof, aud between the end walls thereof, and not less than five "^(5) feet at all points between the floor thereof, and the top or ceiling thereof, or if circular in shape, at least four (4) feet diameter inside measurement, and not less than five (5) feet at all points between tlie floor and ceiling thereof; provided, however, that this paragraph shall not be held to apply to any such subway, manhole, chamber or under- ground room, within which it is not intended or required that any human being perform work or labor or be employed; further provided, that the provisions of this paragraph (a) shall not be held to apply where satis- factory proof shall be submitted to the proper authorities, that it is impracticable or physically impossible to comply with this law within the space or location so designated by the proper municipal authorities. Openings to outer air. (b) In any subway, manhole, chamber or underground room used or to be used to contain, encase, cover or conduct any wire, cable or applianco to conduct, carry or handle electricity, any opening to outer air which ia less than twenty-six (2G) inches if circular in shape, or less than twenty- four (24) inches by twenty-six (26) inches clear measurement if rect- angular in shape. Openings to be not less than three feet from street-car track. (c) In any subway, manhole, chamber or underground room, used or to be used to contain, encase, cover or conduct any wire, cable or appli- ance to conduct, carr}' or handle electricity, any opening which is at the surface of the ground, within the distance of three (3) feet at any point from any rail or any railway or street-car track. Provided, that the provisions of this paragraph (c) shall not be held to apply where satisfactory proof shall be submitted to the proper authorities that it is impracticable or physically impossible to comply with this law within the space or location so designated by the proper municipal authorities Floor of subway to be of concrete, etc. (d) Any subway, manliole, chamber or underground room, used or to be used to contain, encase, cover or conduct any wire, cable, or appliance to conduct, carry, or handle electricitj-, unless the floor of such subway, manhole, chamber or underground room is made of stone, concrete, brick, or other similar material not subject to decomposition; provided, that this paragraph (d) shall not be held to apply to any such subway, manhole, chamber or underground room within which it is not intended or required that any human being perform work or labor ar be employed. Subways to be kept free from seepage, etc. (e) Or maintain any subway, manhole, chamber or underground room, used, or to be used, to contain, encase, cover or conduct any wire, cable or appliance to conduct, carry or handle electricity, unless such subway, manhole, chamber or underground room is kept at all times in a sanitary 1143 ELEVATORS. Act 1025a, §§ 1, 2 condition, and free from stagnant water, or seepage, or other drainage, or any offensive matter dangerous to health, either by sewer connection, or otherwise; provided, that this paragraph (e) shall not be held to apply to any such subway, manhole, chamber or underground room, within which it is not intended or required that any human being per- form work or labor, or be employed. Penalty for violation. § 2. Any violation of any provision of this act shall be deemed a misdemeanor, and shall be punishable upon conviction by a fine not exceeding five hundred (500) dollars, or by imprisonment in a county jail not exceeding six (6) months, or by both such fine and imprison- ment. § 3. None of the provisions of subdivisions a, b, c, and d, of section 1 of this act shall be so construed as to be retroactive or apply to works already constructed, and all acts or parts of acts which are in conflict with this act, are hereby repealed. § 4. This act shall take effect and be in force from and after the date of passage. TITLE 148a. ELEVATORS. ACT 1025a. An act to regulate the construction, operation, and maintenance of elevators in buildings during course of construction; providing for inspection of the same by the bureau of labor statistics; and provid- ing for a penalty for violation thereof. [Approved June 7, 1913. Stats. 1913, p. 507.] Definitions. § 1. The words and phrases used in this act shall for the purposes of this act, unless the same be contrary. to or inconsistent with the context, be construed as follows: "Elevator." 1. "Elevator" shall mean any means used to hoist persons or material of any kind on a building under course of construction, when operated by any power other than muscular power. "Building." 2. "Building" shall include structures of all kinds, regardless of the purposes for which they may be intended to be used, and whether such construction be below or above the level of the ground. Signals and persons to give them. § 2. Every hoist hereafter used in buildings during the course of construction shall have a system of signals for the purpose of signaling Act 1038 GENERAL LAWS. 1144 the person operating or controlling the machinery which may operate the hoist. And it shall be the duty of the person in charge of said building to appoint one or more persons to give such signals, such per- son to be selected from those most familiar with the work for which said hoist is being used. In the event that a building shall be over fifty feet in height, then two persons shall be appointed to give such signals, one at the bottom of said hoist and the other at the top of said hoist, and the person at the bottom of said hoist shall signal the person at the top, who shall then signal the engineer or the person in charge of the machinery operating said hoist. In the event that the engineer or person in charge of the machinery operating said hoist is so situated that he has a clear and unobstructed view of the base of the elevator, then and in that event, regardless of the height of the building, no per- son shall be required to give signals at the bottom of said hoist. Inspection of hoists. § 3. It shall be the duty of the commissioner of the bureau of labor statistics to inspect all hoists coming within the definition in section 1 of this act. And if any part of the construction or system of signals used on a hoist is defective or may endanger the lives of men working in the immediate vicinity of said hoist, he shall direct the person in charge thereof to remedy such defect, and such hoist shall not be used again until the order of the commissioner shall have been complied with. Penalty. § 4. Any person, firm, copartnership or corporation or any agent, superintendent or manager of a corporation who shall violate any of the provisions of this act, shall upon conviction thereof be guilty of a misdemeanor and punished by a fine not less than fifty dollars and not more than five hundred dollars, or by imprisonment in the county jail for not' less than thirty days and not more than six months, or by both such fine and imprisonment. TITLE 150. EMPLOYMENT AGENTS. ACT 1038. An act regulating private employment agencies, providing for a license for the operation thereof and a fee therefor, providing forms of receipts and registers to be used and kept, prohibiting any charge for registering or filing application for help or employment, pro- hibiting the dividing of fees, providing for the refunding of fees and expenses in the event of failure to procure employment, and granting the commissioner of the bureau of labor statistics the power to prescribe rules and regulations to carry out the purpose and intent of this act. [Approved June 3, 1913. Stats. 1913, p. 515.] 1145 EMPLOYMENT AGENTS. Act 1038, § 1 Definitions: 'Terson." § 1. 1. When used in this act the following terms are defined as herein specified: The term "person" means and includes any individual, company, society, association, corporation, manager, contractor, sub- contractor or their agents or employees. "Emplo3rment agency." 2. The term "employment agency" means and includes the business of conducting, as owner, agent, manager, contractor, subcontractor, or in any other capacity an intelligence office, domestic and commercial employment agency, theatrical employment agency, teachers' employment agency, general employment bureau, shipping agency, nurses' registry, or any other agency or office for the purpose of procuring or attempting to procure help or employment or engagements for persons seeking employ- ment or engagements, or for the registration of persons seeking such help, employment or engagement, or for giving information as to where and of whom such help, employment or engagement may be procured, where a fee or other valuable consideration is exacted, or attempted to be collected, directly or indirectly, for such services, whether such business is con- ducted in a building or on the street or elsewhere. "Theatrical emplojnnent agency." 3. The term "theatrical employment agencj'" means and includes the business of conducting an agency, bureau, office or any other place for the purpose of procuring or offering, promising or attempting to provide engagements for circus, vaudeville, theatrical and other enter- tainments or exhibitions or performances, or of giving information as to where such engagements may be procured or provided, whether such business is conducted in a building, or on the street or elsewhere. "Theatrical engagement." 4. The term "theatrical engagement" means and includes any en- gagement or employment of a person as an actor, performer or enter- tainer in a circus, vaudeville, theatrical and other entertainment, ex- hibition or performance. "Emergency engagement." 5. The term "emergency engagement" means and includes an engage- ment which has to be performed within twenty-four hours from the time when the contract for such engagement is made. "Fee." 6. The term "fee" means and includes any money or other valuable consideration paid or promised to be paid for services rendered or to be rendered bv any person conducting an employment agency of any kind under the provisions of this article. Such term includes any ex- cess of money received by any such person over what has been paid out by him for the transportation, transfer of baggage, or board and Act 1038, §§ 2-4 GENERAL LAWS. 1146 lodging for any applicant for employment; such terra also includes the difiference between the amount of money received by any such person who furnishes employees, performers or entertainers for circus, vaudeville, theatrical and other entertainments, exhibitions or perform- ances, and the amount paid by him to the said employees, performers or entertainers whom he hires or provides for such entertainments, ex- hibitions or performances. "Privilege." 7. The term "privilege" means and includes the furnishing of food, supplies, tools or shelter to contract laborers, commonly known as com- missary privileges. "Commissioner of labor." 8. The term "commissioner of labor" means commissioner of the bureau of labor statistics. License necessary. Penalty. § 2. A person shall not open, keep, maintain or carry on any p-m- ployment agency, as defined in the preceding section, unless he shall have first procured a license therefor as provided in this article from the commissioner of labor. Such license shall be posted in a conspicuous place in said agency. Any person who shall open or conduct such an employment agency without first procuring said license shall be guilty of a misdemeanor and shall be punished as hereinafter provided. Application for license. § 3. An application for such license shall be made to the commis- sioner of labor. Such application shall be written and in the form prescribed by the commissioner of labor, and shall state the name and address of the applicant; the street and number of the building or jjlace where the business is to be conducted; whether the applicant pro- poses to conduct a lodging-house for the unemployed separate from the agency which he proposes to conduct; the business or occupation en- gaged in by the applicant for at least two years immediately preceding the date of the application. Such application shall be accompanied by the affidavits of at least two reputable residents of the city to the effect that the applicant is a person of good moral character. Investigation of applicant's character. Expiration of license. § 4. Upon receipt of an application for a license the commissioner of labor may cause an investigation to be made as to the character and responsibility of the applicant and of the premises designated in such application as the place in which it is proposed to conduct such agency. The commissioner of labor may administer oaths, subpoena witnesses and take testimony in respect to matters contained in such application and in complaints of any character against the applicants for such license, and upon proper hearing may refuse to grant a license. 1147 EMPLOYMENT AGENTS. Act 1038, §§ 5-7 Each application shall be granted or refused within thirty days from date oi filing. No license shall be granted to a person to conduct the luisiness of an employment agency in rooms used for living purposes, or where boarders or lodgers are kept, or where meals are served, or where persons sleep, or in connection with a building or premises where intoxicating liquors are sold to be consumed on the premises, excepting uafes and restaurants in office buildings. Each license shall run to the thirty-first day of March next following the date thereof and no longer, unless sooner revoked by the commissioner of labor. License to contain name, etc. § 5. Every license shall contain the name of the person licensed, a designation of the city, street and number of the house in which the person licensed is authorized to carry on the said employment agency, and the number and date of such license. Such license shall not be valid to protect any other than the person to whom it is issued or any place other than that designated in the license and shall not be trans- ferred or assigned to any other person unless consent is obtained from the commissioner of labor, as hereinafter provided. If such licensed person shall conduct a lodging-house for the unemployed separate and apart from such agency, it shall be so designated in the license. Transfer of license. § 6. A license granted as provided in this article shall not be as- signed or transferred without the written consent of the commissioner of labor. No license fee shall be required upon such assignment or transfer. The location of an employment agency shall not be changed without the written consent of the commissioner of labor. Jjicense fee. Bond. Contingent fund, § 7. Every person licensed under the provisions of this act to carry on the business of an employment agency shall pay to the commissioner of labor a license fee of fifty dollars in cities of the first, first and one- half and second class, and a license fee of twenty-five dollars in cities of the third and fourth classes and a license fee of ten dollars in all other cities and towns. Such persons shall also deposit before such license is issued, withjthe commissioner of labor, a surety bond in the penal sum of two thousand dollars in cities of the first, first and one-half and second classes, or a surety bond in the penal sum of one thousand dol- lars in cities of the third and fourth classes, or a surety bond in the penal sum of five hundred dollars in all other cities and towns. Such surety bonds to be approved by the commissioner of labor and such bonds shall "be payable to the people of the state of California, and shall be conditioned that the person applying for the license will comply with the provisions of this act and will pay all damages occasioned to any person by reason of misstatement^ misrepresentation, fraud or deceit or any unlawful acts or omissions of any licensed person, his agents or Act 1038, §§ 8-10 GENERAL LAWS. 1148 employees, while acting within the scope of their employment, made, committed or omitted in the business conducted under such license or caused by any other violation of this article in carrying on the business for which such license is granted. All moneys collected for licenses as provided herein and all fees collected for violations of the provisions hereof shall be paid into the state treasury and credited to the con- tingent fund of the bureau of labor statistics. Suits against licensed person, § 8, All claims or suits brought in any court against any licensed person may be brought in the name of the person damaged upon the bond deposited with the people of the state of California by such licensed person as provided in section 7, and may be transferred and assigned as other claims for damages in civil suits. The amount of damages claimed by plaintiff, and not the penalty named in the bond, shall determine the jurisdiction of the court in which the action is brought. Where such licensed person has departed from the state with intent to defraud his creditors or to avoid the service of a summons in an action brought under this section, service shall be made upon the surety as prescribed in the Code of Civil Procedure. A copy of such summons shall be mailed to the last known postoffice address of the residence of the licensed person and the place where he conducted such emploj'meut agency, as shown by the records of the commissioner of labor. Such service thereof shall be deemed to be made when not less than the number of days shall have intervened between the dates of service and the return of the same as provided by the Code of Civil Procedure for the particular court in which such suit has been brought. Register of applicants for employment. § 9. It shall be the duty of every licensed person to keep a register, approved by the commissioner of labor, in which shall be entered, in the English language, the date of the application for employment; the name and address of the applicant to whom employment is promised or offered, or to whom information or assistance is given in respect to such employment; the amount of fee received, and such other informa- tion as the commissioner of labor shall require. Such licensed person shall also enter in the same or in a separate register, approved by the commissioner of labor, in the English language, the name and address of every applicant accepted for help, the date of such application, kind of help requested, the names of the persons sent, with the designation of the one employed, the amount of the fee received and the rate of wages agreed upon, and such other information as the commissioner of labor may require. No such licensed person, his agent or employees, shall make any false entry in such registers. Registers open to inspection. § 10. All registers, books, records and other papers kept pursuant to this act in any employment agency shall be open at all reasonable 1149 EMPLOYMENT AGENTS. Act 1038, §§ 11-13 hours to the inspection of the commissioner of labor and to any of his duly authorized agents or inspectors and every licensed person shall furnish to the commissioner upon request a true copy of such registers, books, records and papers or any portion thereof, and shall make such reports as the commissioner may prescribe. Receipt given applicant. § 11. It shall be the duty of every licensed person conducting an employment agency to give to every applicant for employment from whom a fee shall be received a receipt in which shall be stated the name and address of such employment agency, the name and address of the person to whom the applicant is sent for employment, the name of the applicant, the date, the amount of fee, the kind of work or service to be performed, the general conditions of employment — including among other things the rate of wages or compensation, whether or not board and lodging is to be furnished, the hours of employment, the cost of transportation and whether or not it is to be paid by the employer, the time of such service, if definite and if indefinite to be so stated, and the name of the person authorizing the hiring of such applicant. There shall be printed on the face of the receipt in prominent type the follow- ing: "This agency is licensed by the commissioner of labor of the state of California." All receipts shall be made and numbered in original and duplicate. The original shall be given to the applicant paying the fee and the duplicate shall be kept on file at the employment agency. The receipts used by such licensed agencies shall be approved by the commissioner of labor. Return of fees, etc. § 12. Xo such licensed person shall send out any applicant for em- ployment without having obtained either orally or in writing a bona fide order therefor. In case the applicant paying such fee fails to obtain employment such licensed agency shall repay the amount of said fee to such applicant upon demand being made therefor; provided, that in cases where the applicant paying such fee is sent beyond the limits of the city in which the employment agency is located, such licensed agency shall repay in addition to the said fee any actual expenses incurred in going to and returning from any place where such applicant has been sent; provided, however, where the applicant is employed and the employment lasts less than seven days by reason of the discharge of the applicant, the employment agency shall return to said applicant the fee paid by such applicant to the employment agency. False advertising prohibited. § 13. No licensed person conducting an employment agency shall publish or cause to be published any false or fraudulent or misleading information, representation, notice or advertisement; all advertisements of such employment agency by means of cards, circulars, or signs and Act 1038, §§ 14, 15 GENERAL LAWS. 1150 in newspapers and other publications, and all letter-heads, receipts, and blanks shall be printed and contain the licensed name and address of such employment agent and the word agency, and no licensed person shall give any false information, or make any false promise or false representation concerning an engagement or employment to any applicant who shall register or apply for an engagement or employment or help. Sending minors to immoral places prohibited. Children. Strikers. Fees not to be divided. § 14. No licensed person conducting an employment agency shall send or cause to be sent any minor under the age of eighteen years as an employee to any house of ill-fame or to any house or place of amusement for immoral purposes or places resorted to for the purpose of prostitution or gambling-houses, the character of which such licensed person could have ascertained upon reasonable inquiry, or to any saloon or place where intoxicating liquors are sold to be consumed on the premises. No licensed person shall knowingly permit any persons of bad character, prostitutes, gamblers, intoxicated persons or procurers to frequent such agencies. No licensed person shall accept any applica- tion for employment made bj' or on behalf of any child, or shall place or assist in placing any such child in any employment whatever in violation of the child labor law. No licensed person shall send an applicant to any place where a strike, lockout or other labor trouble exists without notifying the applicant of such conditions and shall in addition thereto enter a statement of such facts upon the receipt given to such applicant. No licensed person shall divide fees with any super- intendent, manager, foreman or other employee of any person, firm or corporation to whom employees are furnished. Theatrical employment agency. § 15. Every licensed person conducting a theatrical employment agency, before making a theatrical engagement, except an emergency engagement, for any person with any applicant for services in any such engagement shall prepare and file in such agency a written state- ment signed and verified by such licensed person setting forth how long the applicant has been engaged in the theatrical business. Such state- me'nt shall set forth whether or not such applicant has failed to pay salaries or left stranded any companies, in which such applicant and, if a corporation, any of its officers or directors, have been financially interested during the five years preceding the date ot application and, further, shall set forth the names of at least two persons as references. If such applicant is a corporation, such statement shall set forth the names of the officers and directors thereof and the length of time such corporation or any of its officers have been engaged in the theatrical business and the amount of its paid-up capital stock. If any allegation in such written, verified statement is made upon information and belief, the person verifying the statement shall set forth the sources of his 1151 EMPLOYMENT AGENTS. Act 1038, §§ 16-19 information and the grounds of his Felief. Such statement so on file shall be kept for the benefit of any person whose services are sought by any such applicant as employer. Theatrical contracts. § 16. Every licensed person who shall procure for or offer to an applicant a theatrical engagement shall have executed in duplicate a contract containing the name and address of the applicant; the name and address of the employer of the applicant and of the person acting for such employer in employing such applicant; the time and duration of such engagement; the amount to be paid to such applicant; the char- acter of entertainment to be given or services to be rendered; the number of performances per day or per week that are to be given by said applicant; if a vaudeville engagement, the name of the person by whom the transportation is to be paid, and if by the applicant, either the cost of the transportation between the places where said entertainment or services are to be given or rendered, or the average cost of transporta- tion between the places where such services are to be given or rendered; and if a dramatic engagement the cost of transportation to the place where the services begin if paid by the applicant; and the gross commission or fees to be paid by said applicant and to whom. Such contracts shall contain no other conditions and provisions except such as are equitable between the parties thereto and do not constitute an unreasonable restriction of business. The form of such contract shall be first approved by the commissioner of labor and his determination shall be reviewable by certiorari. One of such duplicate contracts shall be delivered to the person engaging the applicant and the other shall be retained by the applicant. The licensed person procuring such engage- ment for such applicant shall keep on file or enter in a book provided for that purpose a copy of such contract. Act to be posted. § 17. Every licensed person shall post in a conspicuous place in each room of such agency a copy of this act. Such printed law to also con- tain the name and address of the officer charged with the enforcement of this act. The commissioner of labor shall furnish printed copies of this act to the employment agencies. Penalty. § 18. Any person, firm, corporation or their agents or representatives violating or omitting to comply with any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars or more than two hundred and fifty dollars or by imprisonment for a period of not more than sixty days or by both such fine and imprisonment. Power of labor commissioner. § 19. The commissioner of labor, his deputies and agents shall have the power and authority of sheriffs and other peace oflficers to make Acts 1048-1083 GENERAL LAWS. 1152 arrests for violations of the provisions of this act and to serve any process or notice throughout the state. § 20. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. TITLE 153. ESTABLISHMENT OF TITLES. ACT 1048. An act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records. [Ap- proved June 16, 1906, p. 78.] Amended 1909, p. 163; 1911, p. 6; 1913, p. 13.5: Supp. 1907. p. 950. The amendment of 1911 provided th.Tt actions under this act mu>t be brought before the thirty-first day of December, 1912. The amendment of 1913 repealed section 18, thus removinir the time limit and making the act permanent. The repealinp section says: "It beint: the inten- tion of the legislature of the state of California to remove the limit of time within which actions may be commenced under the provisions of this act." Citations. Cal. 158/731, 732, 733, 735, 736, 739: 160/347, 487; 161/549; 163/182, 194, 199, 508; (§§ 1, 2) 161/549; (§ 5) 161/551; (§ 8) 160/489; (§ 15) 161/519. App. 10/677; 16/389; 18/725; 19/188. 190, 191. 192; (§ 2) 19/190; (§ 4) 19/196; (§ 5) 18/730; 19/189, 190; (8 6) 18/731; (§ 9) 18/728; (§ 11) 18/728; 19/194; (5 1-2) 19/193, 194. TITLE 154. ESTATES OF DECEASED PERSONS. ACT 1055. Citations. App. 15/91. ACT 1059. Citations. ACT 1083. App. 12/6: TITLE 155. ESTKAYS. TITLE 157. EUREKA. Charter of. [Stats. 1S93, p. .?.=^6.] Amended 1907, p. 1172; 1911, p. 2036; 1913, p. 1544. 1153 EXPLOSIVES. Act 1092, §§ 1-3 TITLE 158. EXPLOSIVES. ACT 1092. An act relating to explosives and prescribing regulations for the trans- portation, storage and selling of explosives, and providing penalties for the violation of this act. [Became a law under constitutional provision without governor's ap- proval, March 21, 1911. Stats. 1911, p. 391.] Definitions. § 1. The term "explosive" or "explosives" whenever used in this act shall include gunpowder, blasting powder, dynamite, guneotton, nitro- glycerine or any compound thereof, fulminate, and every explosive sub- stance having an explosive power equal to or greater than black blasting powder, and any substance intended to be used by exploding or igniting the same to produce a force to propel missiles, or rend apart substances, but does not include said substances, or any of them, in the form of fixed ammunition for small arms. The term "person" whenever used herein shall be held to include corporations as well as natural persons; words used in the singular number to include the plural and the plural the singular. The words "explosive manufacturing plant" shall be under- stood to include all the land used in connection with the manufacture and storage of explosives thereat. Inclosure and storage. § 2. Except only at an explosive manufacturing plant, no person shall have, keep or store, at any place within this state, any explosives, unless such explosives are completely inclosed and incased in tight metal, wooden or fiber containers, and, except while being transported, or within the custody of a common carrier pending delivery to consignee, shall be kept and stored in a magazine constructed and operated as hereinafter described, and no person having in his possession or control, any ex- plosives, shall under any circumstances permit or allow any grains or particles thereof to be or remain on the outside or about the containers, in which such explosives are contained. Magazines. § 3. Magazines in which explosives may lawfully be stored or kept shall be two classes, as follows: (a) Magazines of the first class shall consist of those containing ex- plosives exceeding fifty pounds, and shall be constructed wholly of brick, wood covered with iron, or other fireproof material, and must be fireproof, and, except magazines where gunpowder or black blasting powder only is stored, must be bullet proof, and shall have no openings except for ventilation and entrance. The doors of such magazine must be fireproof and bullet proof, and at all times kept closed and locked, except when 73 Act 1092, §§ 4, 5 GENERAL LAWS. 1154 necessarily opened for the purpose of storing or removing explosives therein or therefrom, by persons lawfully entitled to enter the same. Every such magazine shall have sufficient openings for ventilation thereof, which must be screened in such manner as to prevent the entrance of sparks or fire through the same. Upon each side of such magazine there shall at all times be kept conspicuously posted a sign, with the words, "Magazine explosives dangerous," legibly printed thereon in letters not less than six inches high. No matches, fire or lighting device of any kind, shall at any time be permitted in any such magazine. No package of explosives shall at any time be opened in any magazine, nor shall any open package of explosives be kept therein. No blasting caps, or other detonating or fulminating caps, or detonators, or electric fuzees, shall be kept or stored in any magazine in which explosives are kept or stored, but such caps, detonators or fuzees may be kept or stored in a magazine constructed as above provided which must be located at least one hundred feet from any magazine in which explosives are kept or stored. Maga- zines in which explosives are kept or stored must be detached, and must be located at least one hundred feet from any other structure. (b) Magazines of the second class shall consist of a stout wooden box, covered with sheet iron, and not more than fifty pounds of explosives shall at any time be kept or stored therein, and, except when necessarily opened for use by authorized persons, shall at all times be kept securely locked. Upon each such magazine there shall at ail times be kept con- spicuously posted a sign with the words, "Magazine explosives dan- gerous," legibly printed thereon. Storage in tunnels. Nothing in this section contained shall be held to prohibit the keeping or storing of explosives in any tunnel, where no person or persons are employed; provided, always, that any tunnel so used for the storage of explosives shall have fireproof doors, which must at all times be kept closed and locked, excejit when necessarily opened for the purpose of storing or removing explosives therein or therefrom, by persons lawfully entitled to enter the same. The door of such tunnel magazine shall at all times have legibly printed thereon the words, "Magazine explosives dangerous." Penalty for violating. § 4. Any person violating or failing to comply with any of the pro- visions of sections 2 and 3 of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars, and not more than one thousand dollars, or by im- prisonment not exceeding six months, or by both such fine and imprison ment. Transporting. § 5. It shall be unlawful to transport, carry or convey, any explosives between any places within this state, on any vessel, car or other vehicle 1155 EXPLOSIVES. Act 1092, §§ 6-9 of any description, operated by common carrier, which vessel, car or vehicle is carrying passengers for hire: provided, that it shall be lawful to transport on any such vessel, car or vehicle, small arms ammunition in any quantity, and such fuses, torpedoes, rockets or other signal devices as may be essential to promote safety in operation, and properly packed and marked samples for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding twenty samples at one time, in a single vessel, car or vehicle, but such samples shall not be carried in that part of the vessel, car or vehicle, which is intended for the transportation of passengers for hire; provided, further, that nothing in this section shall be construed to prevent the transportation of mili- tary or naval forces with their accompanying munitions of war on pas- senger equipment vessels, cars or vehicles; provided, further, that the transportation of explosives on any freight train in this state that carries passengers for hire in a car or caboose attached to the rear- of such train, shall not be held or construed to violate the provisions of this act. Eegulations of railroad commission. § 6. The railroad commission of this state is hereby empowered to make, publish and promulgate such regulations as are not in conflict with this act and as in the judgment of said commission may tend to the safe packing, loading, storage and transportation of the explosives defined by section 1 of this act. Nitroglycerine. § 7, It shall be unlawful to transport, carry or convey liquid nitro- glycerine, fulminate in bulk, in dry condition, or other like explosive, between any places within this state, on any vessel, ear or vehicle of any description, operated by common carrier in the transportation of passengers or articles of commerce by land or water. Packages to be marked. § 8. Every package containing explosives or other dangerous articles when presented to a common carrier for shipment shall have plainly marked on the outside thereof, the contents thereon, and it shall be un- lawful for any person to deliver for transportation to any common car- rier engaged in commerce by land or water, or to cause to be delivered or to carry any explosive or other dangerous article, under any false or deceptive marking, description, invoice, shipping order or other declara- tion, or without informing the agent of such carrier of the true character thereof, at, or before the time such delivery or carriage is made. Penalty for violating. § 9. Any person who willfully violates or causes to be violated any of the foregoing provisions of sections 5, 6, 7 and 8 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished for each offense by fine not exceeding two thousand dollars, or Act 1092, § 10 GENERAL LAWS. 1156 by imprisonment not exceeding eighteen months, or by both such fine and imprisonment in the discretion of the court. Record of sales. Statement from purchaser. Not applicable to carrier. Penalty. § 10. Every person selling, giving away, or delivering explosives within this state, shall keep at all times an accurate journal or book of record, in which must be entered from time to time, as it is made, each and every sale, delivery, gift, or other disposition made by such person in the course of business, or otherwise, of any quantity of such explosive substance. Such journal or record book must show in a legible hand- writing, to be entered therein at the time, a complete history of each transaction, stating name and quantity of explosives sold, delivered, given away, or otherwise disposed of; name, place of residence, and busi- ness of the purchaser or transferee, name of individual to whom deliv- ered, with his or her address. Such journal or record book must be kept by the person so selling, delivering or otherwise disposing of such ex- plosives, in his or their principal office or place of business, at all times subject to the inspection and examination of the police authorities of the state, county or municiiiality where same is situated, on proper de- mand therefor. In addition to keeping the record above provided, it shall be unlawful for any person to sell, give away or deliver any ex- plosives within this state, without taking from the person to whom such explosives are sold, given away or delivered within this state, a state- ment in writing, showing the name and address of the jerson to whom such explosives are sold, given away or delivered, and the place where and the purpose for which such explosives are intended for use, which statement shall be signed by the person to whom such explosives are sold, given away or delivered, or his agent, ami be witnessed by two wit nesses, known to the person selling, giving away or delivering sufh ex- plosives, to be residents of the county where such explosives, as shown by such statement, are intended for use, who shall certify that the person to whom such explosives are to be sold, given away or delivered is per- sonally known to each of said witnesses, and that to the best of his knowledge and belief, the explosives are required by such person for the uses and purposes set forth in the statement, which said statement shall at all times be kept on file in the principal office or place of business of the person so selling, giving away or delivering such explosives, sub- ject to the inspection of the police authorities of the state, county or municipality where the same is situated, on proper demand made there- for; provided, that nothing in this section shall be held to apply to the delivery of explosives to any person or carrier for the purpose of being transported from a place within this state to any other place within this state, and, provided further, that nothing in this section contained shall apply to interstate commerce. Every person selling, giving away or delivering any explosives without complying with all the provisions of this section shall be deemed guilty 1157 EXPLOSIVES. Act 1092, §§11-14 of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars, and not more than two thousand dollars, or by imprison- ment of not less than six months, or by both such fine and imprisonment in the discretion of the court. In addition to such imprisonment and as cumulative penalty such person so offending shall forfeit for each offense, the sum of two hundred and fifty dollars, to be recovered in any court of competent jurisdiction, and the party instituting the action for such forfeiture shall not be entitled to dismiss same, without the consent of the court before which the suit has been instituted; nor shall any judgment recovered be set aside, satisfied or discharged save by order of such court, after full pay- ment into court, and all moneys so collected must be paid to the party bringing suit. Explosives in mines. § 11. No explosives in excess of an amount sufficient for one day's operations shall be taken into any mine or underground workings in this state, and any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars. Entering explosives factory. § 12. No person, except a peace officer or a person authorized so to do by the owner thereof, or his agent, shall enter any explosive manu- facturing plant, magazine or car containing explosives in this state, and any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding one thousand dollars or by imprisonment not exceeding three months, or by both such fine and imprisonment. Discharging firearms near magazine. § 13. No person shall discharge any firearms within five hundred feet of any magazine or of any explosive manufacturing plant, and any per- son willfully violating any of the provisions of this section shall be deemed guilty of a misdemeanor and fined not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment. Carrying explosives on person. § 14. No person shall willfully carry any explosive on his person within this state in any car, vessel or vehicle that carries passengers for hire, or place or carry any explosive while on board any such car, vessel or vehicle, in any hand baggage, roll or container, or place any explosive in any baggage thereafter checked with any common carrier, and any person violating any of the provisions of this section shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment in the penitentiary not exceeding two years. Act 1093a, §§ 1-3 general laws. 1158 Municipal ordinance. § 15. Nothing in this act contained shall prevent the operation of, or modify, alter, set aside or supersede the provisions of any municipal ordinance respecting the delivery, storing and handling of explosives. Interstate shipment. § 16. Nothing in this act contained shall regulate or apply to any shipment of explosives from a point within this state, consigned to a point without this state, over a line or lines of one or more common carriers. TITLE 158a. EXPOSITIONS. ACT 1093a. An act giving and granting to the board of park commissioners of the city of San Diego the right to use and the right to authorize the use of Balboa Park in said city for exposition purposes. [Approved March 24, 1911. Stats. 1911, p. 478.] Use of San Diego park for exposition. § 1. The board of park commissioners of the city of San Diego, Cali- fornia, is hereby authorized and empowered to use, or authorize any exposition company to use, anj' part or portion of the lands set aside as a public park by resolution of the board of trustees of the city of San Diego and approved and ratified by an act of the legislature of the state of California, approved February 4, 1870, for the purpose of giving an exposition in the year 1915 to celebrate the completion of the Panama canal. Powers of park commissioners. § 2. The board of park commissioners of the city of San Diego is hereby authorized and empowered to inclose any part or portion of said park which may be set aside for the use herein set forth and charge an entrance or admission fee to said exposition, and may sell, give, or grant, to any person or persons, association or associatiotns, corporation or cor- porations, such rights, privileges and concessions as are usually granted by expositions, or such rights, privileges, and concessions as may be expedient or necessary to the success of said exposition, and said city may charge and collect compensation therefor. The power and authority conferred by this act on the said board of park commissioners of the city of San Diego may be by said city delegated to any exposition com- pany or corporation now or hereafter organized for the purpose of pro- moting, financing, or giving said exposition. Applies only to Balboa Park. § 3. This act shall not apply to any park lands owned by the citv of San Diego other than pueblo lots 1129, 1130, 1131, 1135, 1136, 1137, 1159 EXPOSITIONS. Aetl093b, §§ 1-3 1142, and a portion of pueblo lot 1144, according to the official survey of the city of San Diego by Charles H. Poole,, made in 1856, which pueblo lots are now and shall hereafter be known and designated as Ealboa Park. ACT 1093b. An act to provide for a state exhibit at the Panama-California Exposi- tion, to be held in San Dief^jo, California, in 1915, to celebrate the completion of the Panama canal and providing for the erection of necessary buildings therefor; creating a commission to have the charge and control of said exhibition and making an appropriation therefor. [Approved April 1, 1911. Stats. 1911, p. 559.] Panama-California Exposition Commissioners. Bond. § 1. It is made the duty of the governor of the state of California, within thirty days after the passage of this act, to appoint three com- missioners who shall be removable at the pleasure of the governor, and who shall constitute the Panama-California Exposition Commissioners. Said Panama-California Exposition Commissioners shall have the exclu- sive charge and control of the expenditure of all moneys appropriated by the state of California for the construction of buildings and main- taining an exhibit of the products of the state of California at said exhibition and for the purpose of properly representing the state of California at said exposition, to be held in the city of San Diego, state of California, in 1915. Each of said commissioners shall execute and file with the secretary of state, within thirty days after his appointment by the governor, good and suffi.cient bond in the sum of ten thousand dollars made to the people of the state of California, which bond shall be approved by the governor and shall be conditioned for the faithful performance of said commissioners of all their duties as such commis- sionera. No compensation. § 2. Said commissioners shall receive no compensation for their ser- vices but they shall be allowed their actual expenses not exceeding one thousand dollars. Appropriation. § 3. The sum of fifty thousand dollars or as much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated to meet the expense of preparing the plans and specifications and constructing the foundation for an ex- position building, to be erected at the Panama-California Exposition, to be held in San Diego in the year 1915, which plans and specifications shall provide for a building to cost not less than two hundred and fifty thousand dollars. The amount herein appropriated shall be available on and after July 1, 1912. Acts 1093c, 1093d general laws. 1160 Controller to draw warrant. § 4. The state controller is hereby authorized and directed to draw his warrant or warrants on the general fund from time to time for such portions of said sum of fifty thousand dollars and in favor of such per- sons as the majority of said commissioners shall direct and the state treasurer is hereby authorized and directed to pay the same. State institutions to assist. § 5. It shall be the duty of the state institutions of the state of California to assist the commission in every possible way by loaning it such material in their possession as will add to the attractive features of the state exhibit at said Panama-California Exposition. Exemptions. § 6. This act is exempt from the provisions of section 672 of the Political Code of the state of California, and from the provisions of an act entitled "An act to regulate contracts on behalf of the state in relation to the erection, construction, alteration, repair or improvement of any state structure, building, road, or other state improvement of any kind and to repeal an act entitled 'An act to regulate contracts on be- half of the state in relation to erections and buildings, approved March 28, 1876'" (approved March 22, 1909). ACT 1093c. An act appropriating money to pay the expense of maintaining an ex- hibit of the products of the state of California at the Italian Inter- national Exposition, to be held in the citv of Turin, kingdom of Italy, in the year 1911. [Approved April" 25, 1911. Stats. 1911, p. TllO.] The act appropriated ten thousand dollars for the purpose indicated. ACT 1093d, An act relating to the Panama-Pacific International Exposition Com- mission of the state of California and defining its powers and duties. [Approved March 4, 1911. Stats. 1911, p. 273.] Panama-Pacific International Exposition Commission. Seal. § 1. The Panama-Pacific International Exjiosition Commission, after the appointment by the governor of the members thereof, sh.ill imme- diately organize and establish offices in the city and county of San Fran- cisco. At the time of the appointment of said commission, the governor shall designate the president thereof, and the member so designated shall be the president of said commission. Should any vacancy there- after occur in the presidency of said commission the governor shall designate and appoint a member of said commissiou to be the president thereof. Three members of said commission shall constitute a quorum for the transaction of business. Said commission shall adopt a seal 1161 EXPOSITIONS. Act 1093d, §§2-4 having thereon the words "Panama-Pacific International Exposition Com- mission of the State of California," and shall file with the state con- troller and state treasurer a certificate of the imprint of such seal, and all signatures of persons authorized by said commission to sign contracts, claims or other documents on behalf of said commission. Powers and duties. § 2. For the purppse of performing the duties imposed by law upon said commission, it shall have power and authority to appoint and em- ploy a secretary, executive officers, and such other assistants or persons as it may deem necessary, and fix their compensations. All of the officers and employees so appointed shall hold office at the pleasure of the com- mission. All expenses of said commission and all salaries of em- ployees shall be payable out of the Panama-Pacific International Exposi- tion fund upon proper warrants drawn therefor as hereinafter specified. The said commissioners shall receive their actual traveling expenses. The commission shall have full and complete power and authority to carry out the provisions of this act and of section 22 of article 4 of the constitution of the state of California, and the particular enumera- tion herein of powers and duties of said commission shall not be con- strued to be a limitation or restriction of the full and complete power and authority of the commission. Powers and duties. § 3. Said commission shall have power to make and execute all con- tracts and agreements necessary to the business of said commission or to carry out the purposes of this act and section 22 of article 4 of the constitution of the state of California. All contracts, made by said commission, shall be executed in triplicate signed by the president thereof and executed under the seal of said commission, and one copy thereof shall be immediately filed with the state controller. No con- tract or agreement shall be made by said commission unless the parties thereto shall waive therein all claims and recourse against the state of California for loss or damage of person and property arising from, growing out of or in any way connected with or incident to such con- tract or agreement, and all contracts or agreements made by said com- mission in violation of this provision for waiver shall be void. Audit claims. § 4. The said commission, through the president or such other officer as it shall authorize, shall audit all claims and demands for moneys expended by it, or for expenditures of money which they have authorized in writing, and shall certify such claims and demands to the state con- troller who shall thereupon draw his warrants therefor upon the state treasurer payable out of said Panama-Pacific International Exposition fund, and the state treasurer shall pay the same. Act 1093d, §§ 5, 6 general laws. 1162 Agreements with PanamJuPacific International Exposition Company. § 5. Said commission shall have power to make and enter into, with the Panama-Pacific International Exposition Company, a corporation, organized under the laws of the state of California on the twenty-second day of March, 1910, any and all agreements which, in the opinion of said commission, they shall deem necessary or advisable to bring about the union or joint action of said commission and said corporation in further- ance of said Panama-Pacific International Exposition, or that they shall deem necessary or advisable to carry into effect the provisions of this act and section 22 of article 4 of the constitution of the state of Cali- fornia; provided, however, that all moneys received or realized by said commission for the benefit of the state of California under such agree- ment, shall be immediately deposited by the commission with the state treasurer to the credit of said Panama-Pacific International Exposition fund; said moneys so deposited by said commission shall be subject to the charge and control of said commission in like manner as other moneys in said fund; provided, further, that any exhibitor shall be per- mitted to unpack, install, maintain and repack ail exhibits in such man- ner as he may see fit, subject to uniform rules and regulations established by the exposition authorities and approved by the commission appointed under the terms of this act. Expenditure of funds. § 6. The said commission shall determine whether any of said fund or any of the moneys under its control shall be expended for any specific purpose in connection with said Panama-Pacific International Exposi- tion, and whether any contract of any character sRall be entered into at any time with said Panama-Pacific International Exposition Company, and the determination of the said commission as to the expenditure of any sum of money, or as to the making of any contract, or as to the advisability, necessity or advantage of any act in connection with said fund, shall be final and conclusive. In making expenditures in pursuance of this act and in pursuance of the provisions of section 22 of article 4 of the constitution of the state of California or in performing any act in reference to said fund or in the making of any contract with said exposition company, the said commission shall make such investiga- tions as it may deem advisable or proper and may in any manner that it deems appropriate, inform itself in reference to any matter or thing; and may ask and demand at any time and as often as it desires of the said Panama-Pacific International Exposition Company, a corporation, a full and complete detailed statement of the receipts of said corporation and of the expenditures for any purpose whatsoever, made or to be made, or incurred by said Panama-Pacific International Exposition Company, a corporation, and may at any time and as often as it desires, examine the books, records, contracts, accounts, vouchers, and all papers of every sort and character, in the possession of, kept or used by the Panama- Pacific International Exposition Company, a corporation, and the said 1163 EXPOSITIONS. Act 1093d, §§ 7-9 books, records, contracts, accounts, vouchers and all papers of every sort and character of the said Panama-Pacific International Exposition Com- pany, a corporation, shall be open to inspection of the said commission or its authorized agents, at all times; and if the said Panama-Pacific Inter- national Exposition Company, a corporation, shall fail or refuse, or neg- lect to permit an inspection, or examination, or investigation by said commission, or by any person or persons said commission may designate, of its said books, records, contracts, accounts, vouchers and papers, or any of them, then and in that event, the said commission may hold, de- termine and decide such failure, refusal or neglect on the part of said Panama-Pacific International Exposition Company, a corporation, to be ample and sufficient reason and justification for the refusal or the failure of said commission to make any expenditures, or to execute any contract, or to pay or disburse any sum of money. Accounting system. § 7. The said commission shall ask and demand that in the expendi- ture of any fund in connection or conjunction with the fund herein de- scribed, proper books of account shall be kept and' maintained and an appropriate accounting system shall be had, and that such records and books shall be maintained and kept within the city and county of San Francisco, as will enable a person of ordinary understanding from an inspection thereof to determine the source and amount of all income and moneys received and the exact purpose, in detail, for which expendi- tures are made or moneys paid. Successors of Panajna-Pacific International Exposition Company. § 8. All the provisions of this act shall apply to the successors oi assigns of the Panama-Pacific International Exposition Company, a cor- poration, and wherever in this act the said corporation is referred to, the said provisions shall in case any other corporation or company, or indi- vidual, shall succeed to the rights of said corporation, or be substituted in its place, or shall undertake to hold the said exposition, be applicable to such other corporation, person or company. State not liable. § 9. The state of California shall not in any manner, or under any circumstances, be liable for any of the acts, doings, or proceedings of any person, association or corporation with whom said commission shall act, co-operate, or join to carry out the purposes of this act, or of section 22 of article 4 of the constitution of the state of California, nor for the services, salarj% labor or wages of anj- offices, agents, servants, or employees of such person, association or corporation, nor for any debts, liabilities or expenses of any kind whatsoever of such person, association or corporation, provided, however, that the commission may, in its dis- cretion, employ the same persons, servants, agents or officers that may be employed by such person, association or corporation with which said commission shall act, co-operate and join to carry out the purposes of Act 1093d, §§ 10-15 GENERAL LAWS. 1164 ttis act, and contribute to or pay the whole or any part of their com- pensation. No member of commission liable. § 10. No member of said commission, or employee thereunder, or any officers thereof, shall be personally liable for any debts or obligations, or liability that may be created or incurred by said commission or by the state of California acting by or through said commission. Neither said commission nor any member thereof shall be liable in damages for the negligence, default or wrongful act of any of the agents, servants or employees of said commission. Commission may sue. § 11. Said commission may execute contracts, hold property or sue in its own name as the Panama-Pacific International Exposition Commis- sion of the state of California. The provisions of an act entitled: "An act to authorize suits against the state, and regulating the procedure therein," approved February 28, 1893, shall not apply to any claim or contract made by said commission or for negligence of said commis- sioners. Financial statement. § 12. Said commission shall, on the first day of December of each year, file with the state controller a financial statement under the seal of said commission, and verified by the members thereof, which state- ment shall show in detail the disposition of all moneys expended by it and to whom the same were paid; all expenditures contracted by it, all amounts paid thereon, and the balance due, if any, and shall file with rfuch financial statement a report of all proceedings of said commission, the work accomplished by it, and the plans proposed and the status of all matters under or in connection with the work of said commission and its funds. Upon completion of all work by said commission at the time fixed by law, said commission shall render a full, complete and final report, and file the same with the state controller. Claims exempt from section 672. § 13. All claims and demands arising under or in consequence of any contract or agreement made by said commission, and all expenditures authorized by it, shall be exempt from the provisions of section 672 of the Political Code. Indebtedness. § 14. Indebtedness incurred and warrants issued by said commission shall be payable only from the Panama-Pacific International Exposition fund, and shall never be or become general indebtedness of the state of California. Profits of exposition. § 15. The commission shall make such contracts as it may deem necessary or appropriate to insure to the state of California, its proper- 11G5 EXPOSITIONS. Act 1093d, §§ 16-20 tionate share in the returns, income, profits and holdings of said exposi- tion and shall perform such acts as to it may seem requisite for the pro- tection of the interests of the state of California in such returns, income, profits and holdings and shall do all things it may deem advisable to enable the state to receive its proportionate share of said returns, in- come, profits and holdings, and to this end, if said commission shall deem it advisable, it may provide for its participation in the management and control of the said exposition. Tax levy. § 16. The state board of equalization shall, at the time mentioned in section 3G96 of the Political Code, for the fiscal year beginning July first in the year one thousand nine hundred and eleven, and for each fiscal year thereafter, to and including the fiscal year Ijeginning July first in the year one thousand nine hundred and fourteen, fix, establish and levy such an ad valorem rate of taxation, upon every kind and character of property in the state of California not exempt from taxa- tion on the first day of July in the year one thousand nine hundred and ten, as when levied upon all the property in this section mentioned, after making due allowance for delinquency, shall raise for each of said fiscal years, the sum of one million two hundred and fifty thousand dollars. Tax collected. § 17. The taxes assessed, levied and collected for state purposes under the provisions of sections 3820, 3S21, 3822, 3823, of the Political Code shall be deemed to have been assessed, levied and collected for the pur- poses of raising to the extent of the amount collected, the moneys di- rected to be raised by section 22 of article 4 of the constitution of this state as that section was amended on the eighth day of November in the year one thousand nine hundred and ten and as required by section 16 of this act. Exposition fund. § 18. All money collected by taxation as in this act provided shall be paid over to the state treasurer at the time and in the manner pro- vided in chapter 10, part 3, title 9 of the Political Code and by said state treasurer credited to a fund to be known as the Panama-Pacific International Exposition fund and paid out as provided in section 4 hereof. Disposition of surplus. § 19. Any money remaining in the Panama-Pacific International Ex- position fund after the filing of the complete and final report of said commission shall be transferred to the general fund of the state of California. § 20. This act shall take effect immediately. See amendment to state constitution authorizing state to appropriate five mil- lion dollars for the exposition: Stats. 1910, p. 4. See, also, amendment to char- Actl093e, §§ 1-4 general laws. 1166 ter of San Francisco, authorizing that city to issue bonds for five million dollars, for the same purpose: Stats. 1910, p. 2. ACT 1093e. An act appropriating two hundred thousand dollars ($200,000) to com- plete the construction of the exposition building of the state of California at the Panama-California exposition to be held in San Diego, California, during the year 1915. [Approved June 6, 1913. Stats. 1913, p. 893.] Appropriation, State building, Panama-California Exposition. § 1. The sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated to be used in the con- struction of that certain exposition building authorized by an act entitled "An act to provide for a state exhibit at the Panama-California Exposi- tion, to be held in San Diego, California, in 1915, to celebrate the com- pletion of the Panama canal, and providing for the erection of necessary buildings therefor; creating a commi-^sion to have charge and control of said exposition and making an appropriation therefor," approved April 1, 1911. Controller authorized to draw warrant. § 2. The state controller is hereby authorized and directed to draw his warrant or warrants on the general fund from time to time for such portion of said sum of two. hundred thousand dollars ($200,000) and in favor, of such persons as the majority of the Panama-California exposition commissioners shall direct, and the state treasurer is hereby authorized and directed to pay the same. Audit of bills. § 3. All bills for material and labor in carrying out the provisions of section 1 of this act sh;ill be audited and apjiroved by the Panama- California Exposition Commissioners of the said exposition before being paid. Exempt from Political Code, section 672. § 4. This act is exempt from the provisions of section 672 of the Political Code of the state of California and from the provisions of an act entitled "An act to regulate contracts on behalf of the state in relation to the erection, construction, alteration, repair or improvement of any state structure, building, road, or other state improvement, of any kind and to repeal an act entitled 'An act to regulate contracts on behalf of the state in relation to erections and buildings/ approved March 28, 1876" (approved March 22, 1909). 1167 EXPOSITIONS. Act 1093f, §§1^ ACT 1093f. An act appropriating money to pay the expense of maintaining an exhibit of the products of the state of California at the universal and international exposition, to be held in the city of Ghent, in the kingdom of Belgium, in the year nineteen hundred thirteen, and providing for a commissioner thereof. [Approved April 18, 1913. Stats. 1913, p. 37. In effect immediately.] Appropriation. Exhibit at Ghent. § 1. The sum of twelve thousand eight hundred and forty-eight dollars and five cents is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, for the purpose of collecting, transporting and maintaining an exhibit of the products of the state of California at the universal and international exposition to be held in the city of Ghent, in the kingdom of Belgium, in the year nineteen hundred thirteen. The governor of California is hereby constituted a commissioner, to be known as the Ghent international exposition com- missioner, and he shall have exclusive charge and control of the appro- priation herein made, with power to appoint all necessary persons for the purpose of c-arrying out the provisions of this act. The controller is directed to draw his warrant on the general fund from time to time in such amounts and in favor of such person or persons as the governor, the commissioner hereinbefore referred to, shall direct, and the treasurer shall pay the same. Exhibit. § 2. The exhibit, or such portions of the exhibit, made at said Italian international exposition in the city of Turin in the year nineteen hundred eleven, as may be proper for exhibition at the said universal and international exposition to be held at Ghent in the year nineteen hundred thirteen shall be placed in proper condition for exhibition and transported to the city of Ghent for display at the opening of said universal and international exposition at the time of its opening on the twenty-seventh day of April, nineteen hunxlred thirteen, and the same shall be continuously displayed thereat until the close of said exposition in the month of November, nineteen hundred thirteen, and the person or persons in charge of said exhibit at the present time shall deliver the same over to such person or persons as the governor of the state of California shall direct to take charge of said exhibit at said universal and international exposition at Ghent. § 3. This act is exempt from the provisions of section 672 of the Political Code of the state of California. § 4. This act inasmuch as it makes an appropriation for the usual current expenses of the state, shall, under the provisions of section 1 of article 4 of the constitution, take effect immediately. Acts 1094^1157 GENERAL LAWS. 1168 ACT 1094. Citations. ACT 1123. Citations TITLE 159. EXTENSION OF TIME. App. 10/613; 17/495; (§ 1) 17/496. TITLE 163. FEES. App. 9/436, 437. TITLE 165. FENCES. ACT 1142. An act in relation to fences and other structures erected to annov, and for the abatement of nuisances. [Approved May 28, 1913. Stats. 1913, p. 342.] Fence ten feet high a nuisance. § 1. Any fence or other structure in the nature of a fence, unneces- sarily exceeding ten feet in height maliciously erected or maintained for the purpose of annoying the owner or occupants of adjoining prop- erty, shall be deemed a private nuisance. Injured person's recourse. § 2. Any such owner or occupant, injured either in his comfort or the enjoyment of his estate by such nuisance, may enforce the remedies against the continuance of the same prescribed in title 3 part 3 of the Civil Code of the state of California. TITLE 166. FERRIES. ACT 1146. Citations. C»l. 161/674. TITLE 168. FERTILIZERS. ACT 1157. An act to regulate the sale of commercial fertilizers or materials used for manurial purposes, and to provide penalties for the infraction thereof, and means for the enforcement of the act. [Approved March 20, 1903. Stats. 1903, p. 259,] Amended 1911, Statutes of 1911, page 488, as follows: Fertilizer to be plainly labeled. § 2. No person shall sell, offer or expose for sale in this state any pulverized leather, hair, ground hoofs, lioius or wool waste, raw, steamed, 1169 FLAG. Acts 1173, 1199 roasted, or in any form, street sweepings, or the dung or urine of any- domestic animal, mixed with, or in combination with, water artificially added thereto, or with any sand, soil or other material not commonly used for bedding domestic animals, as a fertilizer or as an ingredient for fertilizer or manure without an explicit statement of the fact in printing or writing conspicuously placed thereon and affixed to every package, container, car or vehicle in which the same shall be transported or delivered to anj' purchaser thereof, said statement to go with every lot, parcel or package of the same. [Amendment approved March 24, 1911; Stats. 1911, p. 488.] TITLE 171. FIRE DEPARTMENT. ACT 1173. An act to create a fireman's relief, \jealth and life insurance and pension fund in the several counties, cities and counties, cities and towns of the state. [Approved March 20, 1905. Stats. 1905, p. 412.] Amended 1913, p. 690. The amendment of 1913 follows: Auditor's report on firemen's relief and pension fund. § 14. On the last day of June of each year, or as soon thereafter as practicable, the auditor of each county, city and county, city or town, shall make a report to the board of supervisors or other governing authority of such county, city and county, city or town, of all moneys paid on account of said fund during the previous year, and of the amount then to the credit of the "firemen's relief and pension fund," and all surplus of said fund then remaining in said fund, exceeding the average amount per year paid out on account of said fund during the three years next preceding, shall be transferred to, and become a part of, the general fund of every such county, city and county, city or town and no longer under the control of said board or subject to its order. Payments provided for by this act shall be made monthly upon proper vouchers. [Amendment approved June, 11, 1913; Stats. 1913, p. 690.] TITLE 175. FLAG. ACT 1199. An act to select and adopt the bear flag as the state flag of California. [Approved February 3, 1911. Stats. 1911, p. 6.] Bear flag as state flag. § 1. The bear flag is hereby selected and adopted as the state flag of California. 74 Acts 1205, 1216 GENERAL LAWS. 1170 § 2. The said bear flag shall consist of a flag of a length equal to one and one-half the width thereof; the upper five-sixths of the width thereof to be a white field, and the lower sixth of the width thereof to be a red stripe; there shall appear in the white field in the upper left-hand corner a single red star, and at the bottom of the white field the words "Cali- fornia Republic," and in the center of tbe white field a California grizzly- bear upon a grass plat, in the position of walking toward the left of the said field; said bear shall be dark brown in color and in length, equal to one-third of the length of said flag. § 3. This act shall be in full force and effect from and after its passage. TITLE 176a. FOODS. ACT 1205. An act prohibiting the destruction of foodstuffs, food products or food articles. [Approved June 5, 1913. Stats. 1913, p. 387.] Unlawful to destroy foodstuffs. § 1. It shall be unlawful for any person, firm or corporation to de- stroy any animal, vegetable or other stuffs, products or articles, in restraint of trade which are customary food for human beings and are in fit sanitary condition to be used as such. Violation of statute a misdemeanor. § 2. Any person, firm or corporation who shall violate any of the provisions of this act shall be guilty of a misdemeanor and, uj^on con- viction thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. TITLE 179. FORESTRY. ACT 1216. An act to provide for the regulation of fires on, and the protection and management of, public and private forest lands within the state of California, creating a state board of forestry and certain officers subordinate to said board, prescribing the duties of such oflScers, creating a forestry fund, and appropriating the moneys in said fund, and defining and providing for the punishment of certain offenses for violations of the provisions of this act, and making an appro- priation therefor. [Approved March 18, 1905. Stats. 1905, p. 235.] Amended 1911, Statutes of 1911, page 709, as follows: 1171 FORESTRY. Act 1216, § 19 Inspection of forest area. Posting notice. Order that area be cleaned up. Declaring area a nuisance. Expense. § 19. It shall be the duty of the state board of forestry, whenever it shall be deemed necessary, to notify the owner of any forest area within the state by a written notice to be served upon the person or persons or corporation, or either of them, owning or having charge of such area, or upon the agents, attorney or representative of either, by any firewarden, deputy firewarden or special firewarden or any employee of the state board of forestry, in the same manner as a summons in a civil action, or if such area belongs to any nonresident person or corporation and there is no person in control or possession thereof, and such nonresident person or corporation has no tenant, attorney, representative or agent upon- whom such service can be bad, or if the owner or owners of such area, or their tenants, attorneys, representatives, or agents cannot after due dili- gence be found, then by posting the said notice in some conspicuous place upon such area and by mailing a copy thereof to the owner thereof at his last known place of residence if the same is known or can be ascer- tained, that the said state board of forestry intends to cause an inspec- tion to be made of the said forest area for the purpose of ascertaining whether or not the same constitutes a nuisance as hereinafter provided. The said notice shall describe the forest area to be inspected by general description and shall designate the time of such inspection. At the time so designated in said notice the said state board of forestry shall cause an inspection to be made of the said forest area and the said owner or his agent shall be permitted to be present during such inspection and shall be given a full opportunity of showing that such forest area is not a nuisance as contemplated by this act. If the said state board of for- estry after such inspection finds any forest area inadequately protected adjoining, lying near, or intermingled with other forest and covered wholly or in part with inflammable debris, which by reason of such location or condition or lack of protection endangers life or property, the state board of forestry shall in writing notify the owner or owners of such areas that the condition of said areas endangers life or property and shall require such person or corporation to clean up such areas by the use of fire or otherwise at a time and in a manner to be therein specified. Said notice may be served upon the person or persons or cor- poration, or either of them, owning or having charge of such areas or upon the agents of either, by any firewarden, deputy firewarden or special firewarden or any employee of the state board of forestry, in the same manner as a summons in a civil action; provided, however, that if any such area belong to any nonresident person or corporation and there is no person in control or possession thereof and such nonresident person or corporation has no tenant, bailee, depository or agent upon whom such service can be had; or if the owner or owners of such areas cannot after due diligence be found, then such notice may be served by posting the same in some conspicuous place upon such area, and by mailing a copy thereof to the owner thereof at his last known place of residence, Act 1223, §§ 1, 2 GENERAL LAWS. 1172 if the same is known or can be ascertained. Any and all guch inade- quately protected forest areas adjoining, lying near, or intermingled with other forest and covered wholly or in part with inflammable debris, which by reason of such location or condition or lack of protection en- dangers life or property, are hereby declared to be a public nuisance; and whenever any such nuisance shall exist within the state, and the proper notice shall have been served, as herein provided, and the time specified in said notice shall have elapsed without the nuisance having been abated, it shall be the duty of the state board of forestry to cause said nuisance to be at once abated, by burning or otherwise disposing of the inflammable debris. The expense thereof shall be paid by the state in like manner as bills for fire fighting are paid. Any and all such sum or sums so paid shall be and become a lien on the property from which said nuisance has been removed or abated in pursuance of this section, and said lien shall continue as long as the said sum or sums above referred to shall remain unpaid. The claim for any lien shall be filed by the state forester, or, under his direction, by any of his assist- ants or firewardens, in the ofliee of the county recorder of the county in which the property on which said nuisance existed is situated. Proceed- ings for the enforcement of such lien shall be instituted by the district attorney of the county where the nuisance existed, at the request of the state board of forestry and in the name of the state of California as claimant; and the costs shall be recovered in the usual manner. The state board of forestry is hereby vested with the power to cause any and all such nuisances to be abated in a summary manner. § 2. All acts and parts of acts in conflict herewith are hereby re- pealed. [Amendment approved April 7, 1911; Stats. 1911, p. 709.] Citations. Cal. 161/644. ACT 1223. An act to provide for the reforestation, the cutting of fire lanes and fire trails on the Angeles national forest, and to make an appropria- tion therefor. [Approved June 3, 1913. Stats. 1913, p. 374.] Appropriation. Forest fire protection, San Bernardino mountains. § 1. The sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated, which money shall be used and expended for the purpose of cutting fire lanes and fire trails to protect the timber now standing or that may be planted upon the San Bernardino mountains, in the state of California. Contract with United States forest service. § 2. The state board of control is hereby empowered to enter into a contract or contracts with the forest seryice of the United States gov- 1173 FREE LIBRARIES. Acts 1229-1248a ernment for the purpose of cutting fire lanes and fire trails for the protection of the forest and brush specified in section 1 of this act; provided, however, that these expenditures for sueh purposes shall not be in excess of the amount or amounts to be expended by the forestry- department of the federal government in collaboration with the specific work named above; and provided, further, that in case the forestry department of the federal government above mentioned does not con- tribute the fund for said co-operation, that the state board of control shall not have power to enter into such contract or contracts with the said department for the expenditure of the said money. TITLE 181. FRANCHISES. AC?T 1229. Citations. Cal. lCl/272; (§ 1) 161/271. App. 13/420. ACT 1230. Citations. Cal. 160/131. ACT 1232. Citations. Cal. 156/761, 762. TITLE 182. FRAUDULENT CONVEYANCES. ACT 1239. Citations. Cal. 156/249. TITLE 183. FREE LIBRARIES, ACT 1248. An act to provide county library systems. [Approved April 12, 1909. Repealed 1911, p. 80. See next act. Stats. 1909, p. 811.] ACT 1248a. An act to provide for the establishment and maintenance of county free libraries in the state of California, and repealing "An act entitled 'An act to provide county library systems,' approved April 12, 1909, and all acts and parts of acts in conflict with this act." [Approved February 25, 1911. Stats. 1911, p. 80.] Supervisors may establish. § 1. The boards of supervisors of the several counties shall have power to establish and maintain, within their' respective counties, county Act 1248a, §§ 2-4 general laws. 1174 free libraries in the manner and with the functions prescribed in this act. Not to include cities having libraries. Publication of notice. § 2. The board of super%isors of any county may establish at the county seat a county free library for that part of such county lying outside of incorporated cities and towns maintaining free public libraries, and outside of library districts maintaining district libraries, and for all such additional portions of such county as may elect to become a part of, or to participate in, such county "free library system, as here- after provided in this act. At least once a week for two successive weeks prior to taking such action the board of supervisors shall publish, in a newspaper designated by them and published in such county, notice of such contemplated action, giving therein the date of the meeting at which such action is proposed to be taken. How cities having libraries may participate. May cease to participate. Publication of notice. § 3. After the establishment of a county free library as provided in this act, the board of trustees, common council or other legislative body of any incorporated city or town in the county maintaining a free public library, or the board of trustees of any library district maintaining a district library, may notify the board of supervisors that such city, town or library district desires to become a part of the county free library system, and thereafter such city, town or library district shall be a part thereof and its inhabitants shall be entitled to the benefits of such county free library', and the property within such city, town or library district shall be liable to taxes levied for county free library purposes. But the board of trustees, common council or other legislative body of any incorporated city or town in the county, or the board of trustees of any library district may at any time notify the board of supervisors that such city, town or library district no longer desires to be a part of the county free library system, and thereafter such city, town or library district shall cease to participate in the benefits of such county free library, and the property situated in such city, town or library dis- trict shall not be liable to taxes for county free library purposes; pro- vided, however, that the board of trustees, common council or other legislative body of any incorporated city or town, or the board of trus- tees of any library district, shall publish, at least once a week for two successive weeks prior either to giving or to withdrawing such notice, in a newspaper designated by said board of trustees, city council or board of library trustees, and circulating throughout such city, town or library district, notice of such contemplated action, giving therein the date and the place of the meeting at which such contemplated action is pro- posed to be taken. Cities having libraries may contract with county library for service. § i. The board of supervisors of any county wherein a county free library has been established under the provisions of this act, shall have 1175 FREE LIBRARIES. Act 1248a, §§ 5, 6 full power and authority to enter into contracts witli any incorporated city or town maintaining a free public library, and any such incorpo- rated city or town shall, through its board of trustees or other legislative body, have power to enter into contracts with such county to secure to the residents of such incorporated city or town the same privileges of the county free library as are granted to, or enjoyed by, the residents of the county outside of such incorporated city or town, or such privileges as may be agreed upon in such contract, upon such consideration to be named in said contract as may be agreed upon, the same to be paid into the county free library fund, and thereupon the residents of such incor- porated city or town shall have the same privileges with regard to said county free library as are had by the residents of such county outside of such incorporated city or town, or such privileges as may be agreed upon by said contract. One county may furnish library service to another. Library tax. § 5. The board of supervisors of any county wherein a county free library has been established under the provisions of this act, shall have full power and authority to enter into contracts or agreements with the board of supervisors of any other county to secure to the residents of such other county such privileges of such county free library as may, by such contract, be agreed upon and upon such consideration as may in said contract be agreed upon, the same to be paid into the county free library fund, and thereupon the inhabitants of such other county shall have such privileges of such county free library as may by such contract be agreed upon; and the board of supervisors of such county shall have full power and authority to enter into a contract with the board of supervisors of another county wherein a county free library has been established under the provisions of this act, as in this section provided, and shall have power to levy a library tax, as in this act provided, for the purpose of carrying out such contract, but the making of such con- tract shall not bar the board of supervisors of such county during the continuance of such contract from establishing a county ices shall describe the lands con- stituting the same, and shall contain a warning to all persons to refrain for the period named therein from violations of the provisions of this act; provided, however, that no provision in this act contained shall be construed as prohibiting or preventing any person or persons from hunt- ing or taking fish and wild game from or on navigable water; and pro- vided, further, that the word "lands," as used in this section, shall not be construed to include any land which is covered and uncovered by the ordinary daily tide of the Pacific Ocean. [Amendment approved June ItJ, 1913; Stats. 1913, p. 992.] 1191 GAME LAWS. Act 1340d, §§ 1-4 ACT 134Dd. An act to create a preserve for shellfish and invertebrate animals within a portion of the bay of Monterey and to prohibit taking the same from such preserve for commercial purposes. [Approved March 21, 1907. Stats. 1907, p. 758.] Amended 1913, p. 980. The amendments of 1913 follow: Shellfish preserve in Monterey bay created. § 1, A preserve for all kinds of shellfish and invertebrate animals, except squid and devilfish, is hereby created, which shall consist of that portion of the bay of Monterey bounded and described as follows: Commencing at the extreme point of Point Pinos at the southern entrance to Monterey bay and running thence in a straight line easterly to the eastern shore of said bay to a point north of the town of Seaside, said point being marked by a permanent monument placed by the United States government surveyors and designated as "Monterey N. O. T. C. & G. S. Sta."; thence following the shore line on and around the southerly side of said bay to the place of beginning. [Amendment approved June 16, 1913; Stats. 1913, p. 980.] Fishing prohibited. § 2. No person shall fish for, catch, take or remove any shellfish or invertebrate animals of any kind, other than squid and devilfish, for commercial purposes from the preserve herebv created. [Amendment ap- proved June 16, 1913; Stats, 1913, p. 981.] Penalty. § 3. Any person violating any of the provisions of this act 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 five hundred dollars, or by imprisonment in the county jail of the county in which conviction shall be had of not less than ten days nor more than one hundred and fifty days, or by both such fine and imprisonment. [Amend- ment approved June 16, 1913; Stats. 1913, p. 981.] Disposition of fines. § 4. All fines and forfeitures imposed and collected for any violation of the provisions of this act shall be paid into the state treasury to the credit of the fish and game preservation fund, [Amendment approved June 16, 1913; Stats. 1913, p. 981.] Acts 1340e, 1340f general laws. 1192 ACT 1340e. An act to create a fish and game preservation fund and to unite the "fish commission fund," and the "game preservation fund" into a common fund to be known as "fish and game preservation fund." [Approved March 15, 1909. Stats. 1909, p. 392.] Amended 1911, Statutes of 1911, page 807, as follows: Fish aJid game preservation fund. § 1. There is hereby created a fund to be known as and called "Fish and Game Preservation Fund" which said fund shall be kept in the state treasury, and shall be applicable to the payment of the expense of propagating, protecting, restoring and introducing fish in the public waters of this state, and to the propagation, protection, restoration and transferring of game birds and animals in the state, and to the introduc- tion of game birds and animals into the state, and to the payment of the expenses incurred in the prosecution of offenders against the fish and game, and fish and game license laws of the state, and for the cost of acquisition, construction and maintenance of fish hatcheries in the state, and to all other necessary expenses, approved by the fish and game commissioners. [Amendment approved April 8, 1911; Stats. 1911, p. 807.] ACT 1340f. An act to regulate the vocation of dealing in fish and in wild game and animals lay wholesale for profit and to provide therefrom revenue for the propagation and restoration of fish and game in the state of California. [Approved April 14, 1911. Stats. 1911, p. 900.] License for fish dealers. § 1. Every person engaged in the vocation of dealing in, buying and selling fish or shellfish or wild game or animals by wholesale in this state, must first obtain a license before engaging in such vocation. Controller to prepare license. Countersigned. § 2. The controller of state shall prcprxre suitable licenses, of the classes designated by the fish and game commissioners which shall pur- port to license the holder of such license to buy, sell and deal in fish and shellfish and wild game and animals in this state by wholesale for the term of one year from the first day of July of one year to the first day of July of the year following. All licenses shall be numbered con- secutively beginning with number one and contain blanks for the in- sertion of the name of the holder, his residence, and place of business, which information shall be furnished by the a]iplicant to the board of fish and game commissioner. The controller shall sign all licenses and deliver the same to the fish and game commissioners, on demand, who shall be charged for the same by the controller. Each license, before 1193 GAME LAWS. Act 1340f, §§ 3-8 delivery to the applicant for a license, must be countersigned by the president of the board of fish and game commissioners and the president of the board of fish and game commissioners shall execute a bond to the people of the state of California in the sum of two thousand dollars for the faithful performance of the duties imposed upon him by this act. To whom issued. § 3. Licenses shall be issued and delivered upon application to the state board of fish and game commissioners or their deputies. The licenses herein provided for shall be issued as follows: To any citizen of the United States and to any person who has duly made his declara- tion of intention to become a citizen of the United States as provided by law, upon the payment of five dollars; to any person not a citizen of the United States upon the paj-ment of twenty dollars. Not more than one license shall be issued to any one person for the same year, except upon an affidavit by the applicant that the one issued has been lost or destroyed, and no license issued as herein provided shall be trans- ferable or used by any other person than the one to whom it was issued. Every person having a license as provided herein, who refuses to exhibit such license upon demand of any officer authorized to enforce the fish and game laws of this state, or any peace officer of this state, or who transfers or disposes of the same to another person to be used as a license, shall forfeit his license. To whom fee is paid. § 4. The said license fees must be paid to the fish and game com- missioners or to someone designated by them for that purpose. Money collected from licenses, disposition of. § 5. The money collected from the sale of such licenses shall be paid by the board of fish and game commissioners into the state treasury to the credit of the fish and game preservation fund. Penalty for violation. § 6. The violation of any provision of this act is hereby declared a misdemeanor, and every person violating any of its provisions, shall, upon conviction thereof, be fined in a sum not less than twenty nor more than five hundred dollars, or by imprisonment in the county jail for a term of not less than ten nor more than one hundred days, or by both such fine and imprisonment; and all fines collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the fish and game preservation fund. § 7. All acts and parts of acts in conflict with this act are hereby repealed. § 8. This act shall take effect immediately. Acts 1340g, 1340h general laws. 1194 ACT 1340g. An act to prevent the fishing, or the taking of fish by means of weirs, dams, nets, traps or seines in certain portions of the Monterey bay, within the county of Santa Cruz. [Approved March 4, 1911. Stats. 1911, p. 272.] Seining in Monterey bay. § 1, Any person who, in the waters of Monterey bay in the county of Santa Cruz, state of California, north of an imaginary line from Point Santa Cruz to Point Soquel, sometimes known as Black Point, shall use any weir, dam, net, trap or seine of any description except gill nets of one and one-half inch mesh for the purpose of catching fish, or who shall, in these waters, take any fish from any weir, dam. net, trap or seine, except gill nets of one and one-half inch mesh is guilty of a misdemeanor. Penalty. § 2. Any person convicted of a violation of any of the provisions of this act shall be fined not less than fifty ($50) dollars nor more than one hundred ($100) dollars, or shall be imprisoned in the county jail of the county of Santa Cruz not less than twenty-five (25) nor more than fifty (50) days, or shall be both fined and imprisoned in the discretion of the court. ACT 1340h. *An act to authorize and regulate the possession, use, transportation and sale of trout or other fish, by persons engaged in the business of propagating and rearing such fish, and by persons who transport such fish, and by persons who purchase fish so reared. [Approved March 17, 1911. Stats. 1911, p. 37S.] Fish culture. § 1. Any citizen of the state of California who owns or leases land •held in private ownership may establish and maintain thereon ponds for the culture and propagation of trout or other fish subject to all of the provisions contained in this act. Application for license. § 2. Every person desiring to establish and maintain a pond or ponds for the culture of domesticated trout or other fish shall first make writ- ten application to the state board of fish and game commissioners, setting forth his name, residence, place of business, the exact description of the land upon which he desires to establish such pond or ponds, the nature of his title thereto, whether owned by him or held under lease, and the term for which such license is desired, and the kind and as near as may be the number of fish desired to be kept therein; such application shall be accompanied by a fee of five (5) dollars which if such application 1195 GAME LAWS. Act 1340h, §§ 3-6 be granted sliall be paid into the state treasury by the state board of fish and game commissioners to the credit of the fish and game preser- vation fund. No outlet or inlet. § 3. Such ponds shall be entirely within the exterior boundaries of the land owned or leased by the applicant, and described in such appli- cation, and there shall be no natural inlet or outlet for the waters con- tained in such pond. Any artificial inlet or outlet for the waters of such pond shall be screened to the satisfaction of the board of fish and game commissioners, to prevent the ingress of fish to such pond from any natural body of water. Decision. § 4. If upon examination by the state board of fish and game com- missioners it shall appear that the application is made in good faith and in other respects proper and reasonable, the said state board of fish and game commissioners shall grant to such applicant a license therefor. The decision of said board shall not be final, but shall be subject to review by a court of competent jurisdiction. Form of license. § 5. Such license shall be substantially in the following form: State of California. Board of Fish and Game Commissioners. Licensed Pond for Culture of Domesticated Trout or Other Fish. No. . Date , 191—. This certifies that proprietor of a private pond or ponds called and situate in the county of -, state of California, upon the real property described as follows: • is hereby authorized to keep and propagate therein and dispose of as provided by law, trout or other fish, together with such additions thereto as may be hereafter acquired. This license authorizes possession, use, sale and transportation by invoice as hereinafter provided, and expires years after date. State Board of Fish and Game Commissioners. By , Deputy. Said license shall contain blanks for the insertion of the number thereof, the date of issuance, the name of the applicant to whom granted, the name of the pond, the description of the land upon which same is situated, the approximate number of trout or other fish desired to be kept in possession, and the term of the license. Fish property of licensee. § 6. All trout or other fish with the natural or artificial increase thereof, held and confined in any private pond or ponds for the culture Act 1340h, §§ 7, 8 general laws. 1196 thereof as herein provided and licensed under the terms of this act, shall during the existence of the license or any renewal thereof be deemed the property of the licensee of the same to the extent that he may lawfully retain, pursue, capture, kill, use, sell, or dispose of the fish therein of any size and in any quantity and at any time of the year conforming to the conditions and subjected to the restrictions of this act prescribed in relation thereto, but not otherwise, and the posession, pursuit, capture, taking and killing of any fish in any licensed pond without the consent of the proprietor shall be unlawful; provided, how- ever, that there shall be no importation of any domestically reared trout into this state, except during the open season in this state for wild trout of the same species so imported, and no domestically raised trout so imported shall be sold or brought into this state for any purpose whatever of less than one pound in weight. Invoice. Form. § 7. When the proprietor of any licensed pond shall sell or dispose of any fish as herein provided, he shall at the same time deliver to the purchaser or donee, and attach thereto, an invoice signed by such pro- prietor or his duly authorized agent, stating the number of the license and the name of such pond or ponds, the date of the disposition, the kind and as nearly as practicable the number and weight of such fish, the name and address of the purchaser, consignee, or donee. Such invoice shall authorize transportation within this state, possession and use for not more than ten days after date, and shall be substantially in the following form: State of California. State Board of Fish and Game Commissioners. Private Pond for Culture of Domesticated Trout and Other Fish. Invoice. Name of pond Number of license Date Kind and number of fish ■ ■ Weight of same — ■ — pounds Name of consignee Address of consignee This authorizes transportation within this state, possession and sale for ten days after date, if attached to the article. , Proprietor. By , Agent. No invoice shall be issued or delivered except in conformity with the provisions of this section. Duplicate invoice, § 8. Such proprietor or his agent shall at the same time deliver or mail postpaid a duplicate of such invoice to the state board of fish and 1197 GAME LAWS. Act 1340h, §§ 9-12 game commissioners at their office; provided that in the case of the sale or disposition of trout or other fish in quantities of less than three pounds in weight to any one purchaser or donee, such duplicate of invoice need not be delivered or mailed to said board, but said proprietor shall keep such duplicate for the period of sixty days thereafter and shall exhibit the same to said board or any of its deputies upon demand. Invoice attached to express package. Copy of invoice to purchaser. § 9. When any such fish for which an invoice is required are to be shipped by rail, express, or other carrier, public or private, the invoice shall be securely attached thereto or to the package containing the same in plain sight, and the same may then be lawfully carried and delivered to the consignee or donee named in such invoice. If such fish is held, or offered for sale, or sold by the consignee, or kept in any storage, cafe, restaurant, or boarding house, or elsewhere, such invoice shall be kept attached thereto and until the same has been prepared for consumption. In case of sale or disposition of a part of such fish, the vendor shall at the same time make a copy of such invoice and introduce thereon the date of sale, the number and kind of fish so disposed of and the name of purchaser or donee who shall keep same attached thereto until the same is prepared for consumption, and the same shall have the same force as the original invoice. No copy of such invoice shall be issued or delivered except in conformity with the provisions of this section. Misstatement. § 10. Any wrongful misstatement in, or any omission of, a sub- stantial requirement from any invoice or any copy thereof shall render the same void and be deemed a violation of this act. And the possession of any fish without such invoice or copy thereof attached thereto when sold or disposed of as above required, shall be unlawful. Beport. § 11. The proprietor of every private pond licensed under the pre- ceding sections hereof, shall, whenever required by the state board of fish and game commissioners, make and send to said state board of fish and game commissioners a report showing as near as practicable, the kind, number, and weight of fish held in possession at any time, and the kind, number and weight of fish disposed of during the year preceding and on hand at the time of the report. Term of license. § 12. License for private ponds for the culture of domesticated trout or other fish shall be issued for a term of twenty-five years or any lesser period as the applicant may desire and any license may be renewed from time to time for a like period, which renewal shall be in the same form and words as the original license with the word "Renewal" written on its face. A renewal must be applied for and a like fee shall be charged for any renewal of a license. Act 1340i, §§ 1-3 GENERAL LAWS. 1198 Violation of act. § 13. Any lake, pone!, or anv body of water maintained' in violation of this act shall be deemed a continuing public nuisance, and may be abated as provided by law for the abatement of public nuisances, and each day the same is maintained in violation thereof shall be deemed a separate offense. Penalty for violation of act. § 14. The violation of any provision of this act is hereby declared a misdemeanor and every person violating any of its provisions shall, upon conviction thereof, be fined in a sum not less than twenty-five dollars, or by imprisonment in the county jail for a term of not less than twenty days, or by both such fine and imprisonment; and all fines col- lected for any violation of any of the provisions of this act shall be paid into the state treasury, to the credit of the fish and game preserva- tion fund. § 15. This act shall take effect immediately. ACT 13401. An act to prohibit the use of nets, seines, traps, or weirs for the catch- ing of fish in Cache slough and its tributaries in the counties of Solano and Yolo. [Approved February 20, 1911. Stats. 1911, p. 66.] Seining in Cache slough. § 1. Any person who, in the waters of Cache slough, from its source to its mouth, in the counties of Solano and Yolo, state of California, or in any of the tributaries of said slough in either county, shall take any fish of any kind, by means of a net, seine, trap or weir, or who shall have in his possession, or use, or set any net, seine, trap or weir for the purpose of catching any fish in said waters, is guilty of a misdemeanor; provided, that nothing in this act contained shall prohibit any person from taking, during the open season therefor, any fish with hook and line. Penalty. § 2. Every person found guilty of violating any of the provisions of this act shall be fined not less than one hundred dollars, or by imprison- ment in the county jail in the county in which the conviction shall be had, not less than fifty days, or by both such fine and imprisonment, and all fines imposed or collected for violation of any provision of this act shall be paid into the state treasury to the credit of the fish and game preservation fund. § 3. This act shall take effect immediately. 1199 GAS. Acts 1340 j, 1345 ACT 1340J. An act to prohibit the use of nets, seines, traps, or weirs in the Napa river and its tributaries in the counties of Sonoma, Napa and Solano. [Approved March 4, 1911. Stats. 1911, p. 273.] Seining in Napa river. § 1. Any person who in the waters of Napa river from its source to its mouth or in any of the tributaries of said river shall take fish of any kind, by means of a net, seine, trap, weir or gang hook, or who shall have in his possession, or use, or set any net, seine, trap, weir or gang hook for the purpose of catching any fish in said waters, is guilty of a misdemeanor; provided, that nothing in this act contained shall prohibit any person from taking during the open season therefor any fish with hook and line. Penalty, § 2. Every person found guilty of violating any of the provisions of this act shall be fined not less than one hundred dollars or by imprison- ment in the county jail in the county in which the conviction shall be had, not less than fifty days, or by both such fine and imprisonment, and all such fines imposed or collected for violation of any provision of this act, shall be paid into the state treasury to the credit of the fish and game preservation fund. TITLE 190. GAS. ACT 1345. An act prohibiting the unnecessary wasting of natural gas into the atmosphere; providing for the capping or otherwise closing of wells from which natural gas flows; and providing penalties for violating the provisions of this act. [Approved March 25, 1911. Stats. 1911, p. 499.] Waste of gas prohibited. § 1. All persons, firms, corporations and associations are hereby pro- hibited from willfully permitting any natural gas wastefully to escape into the atmosphere. Wells to be capped. § 2. All persons, firms, corporations or associations digging, drilling, excavating, constructing or owning or controlling any well from which natural gas flows shall upon the abandonment of such well, cap or other- wise close the mouth of or entrance to the same in such a manner as to prevent the unnecessary or wasteful escape into the atmosphere of such natural gas. And no person, firm, corporation or association owning or controlling land in which such well or wells are situated shall willfully Act 1353, §§ 1-3 GENERAL LAWS. 1200 permit natural gas flowing from such well or wells, wastcfully or un- necessarily to escape into the atmosphere. Penalty. § 3. Any person, firm, corporation or association who shall willfully violate any of the provisions of this act shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Each day a violation. § 4. For tlie purposes of this act each day during which natural gas shall be willfully allowed wastefully or unnecessarily to escape into the atmosphere shall be deemed a separate and distinct violation of this act. § 5. All acts or parts of acts in conflict herewith are hereby repealed. § 6. This act shall take effect immediately. TITLE 191a. GETTYSBURG. ACT 1353. An act to provide for the celebration of the fiftieth anniversary of the battle of Gettysburg; appointing a commission in connection there- with; and making an appropriation therefor. [Approved May 31, 1913. Stats. 1913, p. 278. In effect immediately.] Gettysburg aJiniversary commission. § 1. The governor of the state of California is hereby empowered to appoint a- commission consisting of three citizens of this state which commission shall co-operate with the department commander of the department of California and Nevada, Grand Army of the Republic, for the purpose of aiding in the planning and conducting of a public celebra- tion of the fiftieth anniversary of the battle of Gettysburg in the state of Pennsylvania on and during the first four days of July, 1913. Transportation of veterans. § 2. Said commission shall represent this state at the said anniversary and is hereby authorized to obtain, so far as possible, the names and addresses of all the veterans now residing in the state of California who took part in the battle of Gettysburg, and to make prelTminary arrangements for the transportation of such veterans to the battlefield of Gettysburg so that said veterans may attend the memorial exercises and anniversary to be held at said battlefield of Gettysburg, during the first four days of July, 1913, Veterans eligible. § 3. Onlv such veterans of the Civil War who actually took part in the battle of Gettysburg, and who are recommended by the said commis- 1201 GIFTS. Act 1356a, § 1 sion, whether such veterans fought with the Confederate or the Union or northern armies, shall be eligible under this act to receive free trans- portation to and from the battlefield of Gettysburg. Appropriation. Report. § 4. The sum of fifteen thousand dollars ($15,000) or so much thereof as may be necessary is hereby appropriated out of any money in the treasury not otherwise appropriated to be used by said commission ap- pointed pursuant to this act, to carry out the provisions of this act. Said sum of money is to be disbursed under the direction and with the approval of said commission. Said commission shall keep an accurate record of all its proceedings and transactions, and shall file with the governor of this state a full, true and complete report thereof. Said commission shall have full power to provide any system or systems for the carrying into effect of this act. Issuance of warrants. § 5. The controller of the state is hereby authorized and directed to draw his warrant or warrants in favor of the commission created pursuant to this act upon itemized requisition of said commission up to the amount of money appropriated by this act and the state treasurer is hereby ordered and directed to pay such warrant or warrants- out of said appropriation. Current expenses. § 6. This bill, inasmuch as it provides for the usual current expenses of the state, shall, under the provisions of section 1 of article 4 of the constitution of the state of California, take effect immediately. TITLE 192. GIFTS. ACT 1356a. An act authorizing board of supervisors of any county, or city and county, or the trustees or other governing body of any municipality in the state of California to receive devises, bequests, donations and gifts, also to levy taxes, for the purpose of erecting monuments in memory of California pioneers. [Approved June 3, 1913, Stats. 1913, p. 377.] Gifts for pioneer monuments. § 1. The board of supervisors of any county, or city and county, or the trustees or other governing body of any municipality, in the state, may receive devises, bequests, donations and gifts, for the purpose of erecting within such county, or city and county, or city, a monument in memory of California pioneers. 76 Act 1356a, §§ 2-7 general laws. 1202 Erection of monuments. § 2. When, in the opinion of such board -of supervisors or of such trustees or other governing body of a municipality, the devises, be- quests, donations and gifts received are sufficient therefor, they may erect such monument. Question of tax levy for monuments. § 3. Such board of supervisors, or trustees, or other governing body of a municipality, may submit to the qualified electors of the county, or city and county, or of the city, as the case may be, whether taxes for the erection of a monument to the California pioneers shall be levied on the taxable property of the county, or city and county, or city, as the case may be. The question of levying such tax for such purpose shall be submitted to the qualified electors of the county, or city and county, or municipality, as the case may be, at a general or other election that may be held in such county, or city and county, or municipality. Twenty days' notice thereof shall be previously given by posting in at least three public places in such county, citj- and county, or municipality. Such notices shall state specifically the amount to be raised and the purpose. If majority of all the votes cast at such election are in favor of such proposal, the tax herein provided for shall be considered authorized. Ballots. § 4. The electors voting at such election shall have placed on their ballots the words "Tax for pioneer monument — Yes" or "Tax for pioneer monument — No." Levy of tax in county. § 5. When such tax has been voted in a county, or city and county, the board of supervisors in the next annual levy of taxes, shall levy a tax on the property in such county, or city and county, suflieient to produce the amount voted for for the purpose, and the same shall be assessed and collected in the same manner as other taxes are levied and collected. Levy of tax in city. § 6. When such tax has been voted in a city, the trustee or other governing body thereof in the next annual levy' of taxes, shall levy a tax on the property in such city, sufficient to produce the amount voted for for the purpose, and the same shall be assessed and collected in the same manner as other taxes are levied and collected. Duty of supervisors and trustees. § 7. The board of supervisors in case of monuments for a county and the trustees or other governing body of a city, in case of monuments for a city, shall when the taxes so raised and collected are available, proceed to carry out the purpose for which the money was voted by the county, or city and county, or city. 1203 HARBOR COMMISSIONERS. Acts 1393-1424a TITLE 199. GRAND AEMY OF THE REPUBLIC. ACT 1393. An act to provide permanent headquarters in the capitol building for the Grand Army of the Republic, to designate the purposes for which the same shall be used. [Approved March 25, 1911. Stats. 1911, p. 488.] Quarters for Q-. A. R. § 1. There shall be set apart a suitable furnished room at the capitol in Sacramento, to be known as headquarters' room of the Grand Army of the Republic. Said room shall be under the charge of the commander of the Grand Army of the Republic for the department of California, to be used as headquarters, and for the care and storage of books and papers relating to the Grand Army of the Republic. § 2. This act shall take effect from and after its passage. ACT 1394. An act to appropriate money for the purpose of assisting to defray the expenses of a public nature incident to the holding of a national encampment of the Grand Army of the Republic in this state, to be held in 1912. [Approved May 1, 1911. Stats. 1911, p. 1360.] The act appropriated twenty-five thousand dollars for the purpose indicated. TITLE 204. HARBOR COMMISSIONERS. ACT 1424a. An act to enlarge the powers of the board of state harbor commissioners, and to authorize said board to locate, construct, maintain, and operate the state railroad and railroad tracks and appurtenances through, over, under and upon state lands, and lands within its jurisdiction or the waterfront, and city streets, avenues, alleys, lanes, places or property, or lands or property of the United States, or private property, in the city and county of San Francisco, and to obtain licenses, grants, permits or easements or rights of way therefor, and to construct tunnels, bridges, drawbridges and other appurtenances as incident thereto, and to impose tolls or compensa- tion for and upon the use of the same and to regulate the use therefor. [Approved June 4, 1913. Stats. 1913, p. 383.] Power to build railroads in San rrancisco. § 1. The board of state harbor commissioners is hereby authorized and empowered (in addition to the powers now granted, or which may Act 1424a, § 2 general laws. 1204 hereafter be granted to it by law) to locate, construct, maintain, operate and extend the state railroad, and railroad tracks, through, over, under and upon any state lands, or lands within its jurisdiction, or the water- front as defined in section 2524 of the Political Code, or through, over, under and upon any streets, avenues, alleys, lanes, places or property of the city and county of San Francisco, or lands or property of the United States of America, or private property in said city and county of San Francisco, in which and where it may then have a license, per- mission, easement or right of way therefor, together with all necessary trackage, switches, spurs, turnouts, fills, cuts, tunnels, trestles, bridges, drawbridges, signals and other appliances, appurtenances and incidents necessary to make the same complete and convenient for use. Eights from Panama-Pacific Company. § 2. The powers conferred by this act shall include; (1) Power and authority to obtain from Panama-Pacific Interna- tional Exposition Company, a corporation, an assignment of its rights under an act of Congress approved June 28, 1912, entitled, "An act granting a right of way to the Panama-Pacific International Exposition Company, or such successors or assigns as may be approved by the secretary of war, across the Fort Mason military reservation in Cali- fornia."- Approval of secretary of wax. (2) Power and authority to obtain the approval of the secretary of war to such assignment, and to locate a railroad and tunnel upon and across said reservation and to ordain regulations therefor and for the use thereof and to obtain the approval of the secretary of war thereto. Tolls and charges. (3) Power and authority to construct such railroad and tunnel upon and across said reservation as a part of and incident to said state railroad and railroad tracks; provided, that said board shall impose such tolls, charges and compensation for passage through said tunnel upon all freight and upon all passenger cars passing therethrough (which tolls shall be exclusive of and in addition to the ordinary com- pensation for the use of said railroad and railroad tracks) as shall provide within a limited time for the repayment of the cost of the construction of such tunnel. Such tolls and charges shall be in conformity with the requirements and subject to the approval of the secretary of war in that behalf and shall be so charged, imposed and collected until the cost of the construction of such tunnel shall have been repaid. Grants from San Francisco. (4) Power and authority to obtain from the city and county of San Francisco proper and necessary grants, license or permission to extend, construct, maintain and operate the said state railroad and railroad tracks along, over and upon such public streets, avenues, alleys 1205 HARBOR COMMISSIONERS. Act 1430a, § 1 or property of said city and county of San Francisco as may be neces- sary for the extension of said state railroad or railroad tracks. Acquisition of rights of way. (5) Power and authority to acquire rights of way and lands neces- sary for such extension from the owners of private property, either by grant or by condemnation proceedings; and in that behalf the jtrovisions of law relating to the exercise of the right of eminent domain shall apply and insure [inure] to the benefit of said board, and to such proceedings. Use of road and tunnel. (6) Power and authority to permit the passage over and through, and the use of said railroad and tunnel to any corporation or association, person or persons for passenger street-cars for such time and under such rules and regulations and at such compensation as said board may determine. Through Presidio reservation. (7) Power and authority to obtain license and permission from the United States government to extend, locate, construct, operate and maintain the said railroad and railroad tracks in and through the Presidio reservation in said city and county in such location and sub- ject to such regulations as may be prescribed by the United States government. Enumeration of powers not exclusive. § 3. The enumeration of powers contained in section 2 of this act shall not be deemed exclusive or to limit the general powers conferred by section 1 hereof. ACT 1430a. An act to enlarge the powers of the board of state harbor commissioners, and to authorize said board to locate, construct, maintain, operate and extend public drydocks and appurtenances thereto, in and about such portion of the bay of San Francisco under its jurisdic- tion, and to fix, regulate, impose and collect tolls or compensation for and upon the use of the same and to regulate the use therefor. [Approved June 3, 1913. Stats. 1913, p. 372.] Drydocks in San Francisco bay. § 1. The board of state harbor commissioners is hereby authorized- and empowered (in addition to the powers now granted, or which may hereafter be granted to it by law) to locate, construct, maintain, operate and extend public drydocks in and about such portion of the bay of San Francisco under the jurisdiction as defined in section 2524 of the Political Code. Acts 1432, 1436a gener^vl laws. 1206 Tolls. § 2. The said board shall fix, reflate, impose and collect tolls or compensation for and upon the use of such public drydocks and regulate the use thereof. Disposition of money collected. § 3. All money collected for tolls as compensation for use of such public drydoeks and all expenditure made in the maintenance and con- struction thereof shall be subject to the same provision as other moneys collected and expended by the said board. ACT 1432. Citations. Cal. 161/619. ACT 1436a. An act to provide for the issua"nce and sale of state bonds to create a fund for the improvement of San Francisco harbor by the con- struction by the board of state harbor commissioners of wharves, piers, state railroad, spurs, betterments, and appurtenances, and necessary dredging and filling in connection therewith in the city and county of San Francisco; to create a sinking fund for the payment of said bonds; to define the duties of state officers in relation thereto; to make an appropriation of five thousand dollars for the expense of printing said bonds; and to provide for the submission of this act to a vote of the people. [Approved June 16, 1913. Stats. 1913, p. 1122. In effect December 31, 1914.] Bonds for San Francisco harbor improvement. § 1. For the purpose of providing a fund for the payment of the indebtedness hereby authorized to be incurred by the board of state harbor commissioners for the erection of wharves, piers, seawall, state railroad, spurs, betterments and appurtenances and necessary dredging and filling in connection therewith in the city and county of San Francisco, at a cost not to exceed ten million dollars (which said wharves, piers, seawall, state railroad, spurs, betterments and appur- tenances and necessary dredging and filling in connection therewith the board of state harbor commissioners are hereby empowered to con- struct and do in the manner authorized by law. and at a cost not to exceed ten million dollars), the state treasurer shall, immediately after the issuance of the proclamation of the governor, provided for in sec- tion 10 hereof, prepare ten thousand suitable bonds of the state of California, in the denomination of one thousand dollars each. The whole issue of said bonds shall not exceed the sum of ten million dol- lars, and said bonds shall bear interest at the rate of four per centum per annum, from the date of issuance thereof, and both principal and interest shall.be payable in gold coin of the present standard value. 1207 HARBOR COMMISSIONERS, Act 1436a, §§ 2, 3 and they shall be payable at sueh place in the United States as may be designated in the bonds (full authority to designate such place being hereby conferred on the governor who shall sign said bonds), at the expiration of seventy-four years from their date, subject, how- ever, to redemption by lot as in this act hereinafter provided. Said bonds shall bear date the second day of July, A. D. 1915, and shall be made payable on the second day of July, 1989. The interest accru- ing on such of said bonds as are sold, shall be due and payable at the place designated in said bonds as aforesaid, on the second day of Janu- ary, and on the second day of July, of each year after the sale of the same; provided, that the first payment of interest shall be made on the second day of July, 1916, on so many of said bonds'as may have been theretofore sold. At the expiration of seventy-four years from the date of said bonds, all bonds sold shall cease to bear interest and likewise all bonds redeemed by lot shall cease to bear interest as in this act provided, and the said state treasurer shall call in, forthwith pay and cancel the same, out of the moneys in the third San Francisco seawall sinking fund provided for in this act, and, he shall on the first Monday of July, 1989, also cancel and destroy all bonds not thereto- fore sold. All bonds issued shall be signed by the governor, and counter- signed by the controller, and shall be indorsed by the state treasurer and the said bonds shall be so signed, countersigned and indorsed by the officers who are in office on the second day of July, 1915, and each of said bonds shall have the seal of the state stamped thereon. The said bonds signed, countersigned and indorsed and sealed as herein provided when sold shall be and constitute a valid and binding obligation upon the state of California, though the sale thereof be made at a date or dates after the person signing, countersigning and indorsing, or any or either of them, shall have ceased to be the incumbent of such office or offices. Each bond shall contain a clause that it is subject to redemp- tion by lot after the year 1954. Interest coupons. § 2. Interest coupons shall be attached to each of said bonds so that such coupons may be removed without injury to, or mutilation of the bond. Said coupons shall be consecutively numbered and shall bear the lithographed signature of the state treasurer who shall be in office on the second day of July, 1915. But no interest on any of said bonds shall be paid for any time which may intervene between the date of any of said bonds and the issue and sale thereof to a purchaser, unless such accrued interest shall have been, by the pur- ' chaser of said bond, paid to the state at the time of such sale. Appropriation. § 3. The sum of five thousand dollars is hereby appropriated to pay the expense that may be incurred by the state treasurer in having said bonds prepared. Said amount shall be paid out of the San Fran- ^ Act 1436a, § 4 general laws. 1208 CISCO harbor improvement fund on controller's warrants, duly drawn for that purpose. Sale of bonds. § 4. When the bonds authorized to be issued under this act shall be duly executed, they shall be by the state treasurer sold at public auction to the highest bidder for cash, in such parcels and numbers as said treasurer shall be directed by the governor of the state, under seal thereof, after a resolution requesting such sale shall have been adopted by the board of state harbor commissioners, and approved by either the governor of the state or mayor of the city and county of San Francisco, who shall only approve the same when in their judg- ment the actual harbor receipts, and those reasonably anticipated, will justify such sale of bonds and the consequent increased burden on harbor receipts; but said treasurer must reject any and all bids for said bonds, or for any of them, which shall be below the par value of said bonds so offered plus the interest which has accrued thereon between the date of sale and the last preceding interest maturity date; and he may, by public announcement at the place and time fixed for the sale, continue such sale, as to the whole of the bonds offered, or any part thereof, offered, to such time and place as he may select. Before offering any of said bonds for sale the said treasurer shall detach therefrom all coupons which have matured or will mature before the date fixed for such sale. Due notice of the time and place of sale of all bonds must be given by said treasurer by publication in two newspapers published in the city and county of San Francisco, and also by publication in one newspaper published in the city of Oakland, and by publication in one newspaper published in the city of Los Angeles, and by publication in one newspaper published in the city of Sacramento, once a week during four weeks prior to such sale. In addition to the notice last above provided for, the state treasurer may give such further notice as he may deem advisable, but the expenses and cost of such additional notice shall not exceed the sum of five hundred dollars for each sale so advertised. The cost of such publica- tion shall be paid out of the San Francisco harbor improvement fund, on controller's warrants duly drawn for the purpose. The proceeds of the sale of such bonds except such amount as may have been paid as accrued interest thereon shall be forthwith paid over by said treasurer into the treasury, and must be by him kept in a separate fund to be known and designated as the "third San Francisco seawall fund" and must be used exclusively for the construction of wharves, piers, seawall, state railroad, spurs, betterments and appurtenances and neces- sary dredging and filling in connection therewith on the waterfront of the city and county of San Francisco. Drafts and warrants upon said fund shall be drawn upon and shall be paid out of said fund in the same manner as drafts and warrants are drawn upon and paid 1209 HARBOR COMMISSIONERS. Act 1436a, § 5 out of the San Francisco harbor improvement fund. The amount that shall have been paid at the sale of said bonds as accrued interest on the bonds sold shall be, by the state treasurer, immediately after such sale, paid into the treasury of the state and placed in the "third San Francisco seawall sinking fund." Third San Francisco seawall sinking fund created. § 5. For the payment of the principal and interest of said bonds a sinking fund, to be known and designated as the "third San Fran- cisco seawall sinking fund," shall be, and the same is hereby created, as follows, to wit: The state treasurer, after the second day of July, 1933, shall on the first day of each and every month thereafter, after tlie sale of such bonds, take from the San Francisco harbor improvement fund such sum as, multiplied by the time in months, the bonds then sold and outstanding have to run, will equal the principal of the bonds sold and outstanding at the time said treasurer shall so take said sum from said San Francisco harbor improvement fund, less the amount theretofore taken therefrom for said purpose; and he shall place the sum in the third San Francisco seawall sinking fund created by this act. Said state treasurer shall, on controller's warrants duly drawn for that purpose, employ the moneys in said sinking fund in the purchase of the bonds of the United States, or of the state of California, including any bonds authorized, issued and theretofore sold under authority of this act or of the several counties or municipalities of the state of California, which said bonds shall be kept in a proper receptacle, appropriately labeled; but he must keep always on hand a sufficient amount of money in said sinking fund with which to pay the interest on such of the state bonds herein provided to be issued as may have theretofore been sold. The state treasurer may only purchase such bonds authorized and issued under authority of this act with moneys in said sinking fund as have been theretofore sold. And to provide means for the payment of interest on the bonds that may be sold and outstanding, said treasurer shall monthly take from the San Francisco harbor im- provement fund, and pay into said seawall sinking fund, an amount equal to the monthly interest then due on all bonds then sold, delivered and outstanding. The board of state harbor commissioners are hereby authorized and directed by the collection of dockage, tolls, rents, wharfage and cranage to collect a sum of money sufficient for the purposes of this act, over and above the amount limited by section 2526 of the Political Code of the state of California. Between the first and tenth day of May, in the year 1955 and between the first and tenth day of May of each year thereafter until the maturity of said bonds, the said treasurer shall, in the presence of the governor, proceed to draw by lot such an amount of bonds as shall be requisite to exhaust as nearly "as may be the amount in said sinking fund at that time, and shall thereupon and before the tenth day of June following, give notice Act 1436a, § 6 general laws. 1210 by public advertisement to be inserted twice a week for two weelcs in two newspapers published in the city and county of San Francisco, and also in one newspaper published in the city of Oakland, and also in one newspaper published in the city of Los Angeles, and also in one news- paper published in the city of Sacramento, stating the number of bonds so drawn and that the principal of said bonds will be paid on presenta- tion to the treasurer on or before the second day of July, following, and that from and after such last-named date, all interest upon bonds thus drawn shall cease, and it shall be the duty of the treasurer as soon as said bonds so drawn by lot are surrendered to him and paid to cancel the same, and the interest coupons thereon, and each year beginning with the year 1955, the said treasurer shall in the manner aforesaid, proceed to draw by lot such an amount of bonds as shall be requisite to exhaust as nearly as may be the amount in said sinking fund, and j)roceed in the manner hereinabove stated. In the event that the state treasurer employs moneys in said sinking fund in the purchase of any bonds authorized, issued and theretofore sold under authority of 'this act, then at the time in this section provided for the drawing of bonds by lot, and immediately preceding such drawing the state treasurer shall retire and cancel any bonds in said sinking fund authorized, issued and sold under authority of this act, and the amount in said sinking fund remaining at the time shall constitute the amount for the purposes of such drawing. After the payment of all said bonds, the surplus or bal- ance remaining in said sinking fund, if any there be, shall forthwith be paid into the San Francisco harbor improvement fund. At the time of the respective drawings by lot, as aforesaid, and also at the maturity of said state bonds, said treasurer shall sell the United States or other bonds then in said sinking fund, except bonds authorized, issued and sold under authority of this act, at governing market rates, after adver- tising the sale thereof in the manner hereinbefore provided for the sale of bonds hereby authorized to be issued, and shall use the proceeds for the payment of such bonds as may be drawn by lot, and at the maturity of said bonds outstanding shall pay and redeem said matured outstanding bonds' out of said moneys in said fund in extinguishment of said bonds on controller's warrants duly drawn for that purpose. Record, of proceedings. § 6. The state controller and the state treasurer shall keep full and particular account and record of all their proceedings under this act, and they shall transmit to the governor an abstract of all such proceedings thereunder, with an annual report, to be by the governor laid before the legislature biennially; and all books and papers per- taining to the matter provided for in this act shall at all times be open to the inspection of any partj' interested, or the governor, or the attorney general, or a committee of either branch of the legislature, or a joint committee of both, or any citizen of the state. 1211 HARBOR COMMISSIONERS. Act 1436a, §§ 7-10 Duty of treasurer to pay interest. § 7. It shall be the duty of the sjate treasurer to pay the interest of said bonds, when the same falls due, out of the sinking fund pro- vided for in this act, on controller's warrants duly drawn for that purpose. In effect December 31, 1914. § 8. This act, if adopted by the people, shall take effect on the thirty first day of December, 191-t, as to all its provisions except those relating to and necessary for its submission to the people, and for re- turning, canvassing, and proclaiming the votes, and as to said excepted provisions this act shall take effect ninety days after the final adjourn- ment of the session of the legislature passing this act. Submitted to people. § 9. This act shall be submitted to the people of the state of Cali- fornia for their ratification at the next general election, to be holden in the month of November, 1914, and all ballots at said election shall have printed thereon and at the end thereof, the words, "For the San Francisco harbor improvement act of 1913," and in the same square under said words the following, in brevier type: "This act provides for the improvement of San Francisco harbor and for the payment of all costs thereof out of San Francisco harbor improvement fund." In the square immediately below the square containing said words, there shall be printed on said ballot the words: "Against the San Francisco harbor improvement act of 1913," and immediately below said words "Against the San Francisco harbor improvement act of 1913" in brevier type shall be printed "This act provides for the improvement of San Francisco harbor and for the payment of all costs thereof out of the San Francisco harbor improvement fund." Opposite the words, "For the San Francisco harbor improvement act of 1913" and "Against the San Francisco har- bor improvement act of 1913" there shall be left spaces in which the voters may make or stamp a cross to indicate whether they vote for or against said act, and those voting for said act shall do so bv placing a ^ross opposite the words "For the San Francisco harbor improvement act of 1913," and all those voting against the said act shall do so by plac- ing a cross opposite the words "Against the San Francisco harbor improvement act of 1913." The governor of this state shall include the submission of this act to the people, as aforesaid, in his proclama- tion calling for said general election. Canvass of votes. § 10. The votes cast for or against this act shall be counted, re- turned and canvassed and declared in the same manner and subject to the same rules as votes cast for state officers; and if it appear that said act shall have received a majority of all the votes cast for and against it at said election as aforesaid, then the same shall have Act 1439, § 1 GENERAL LAWS. 1212 effect as hereinbefore provided, and shall be irrepealable until the principal and interest of the liabilities herein created shall be paid and discharged, and the governor shall make proclamation thereof; but if a majority of the votes cast as aforesaid are against this act then the same shall be and become void. Act published in each county. § 11. It shall be the duty of the secretary of state to hare this act published in at least one newspaper in each county, or city and county, if one be published therein, throughout this state, for three months next preceding the general election to be holden in the month of November, 1914, the costs of publication shall be paid out of the San Francisco harbor improvement fund, on controller's warrants duly drawn for that purpose. Title of act. § 12. This act may be known and cited as the "San Francisco harbor improvement act of 1913." § 13. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. ACT 1439. An act to create a board of harbor commissioners for the port of San Jose on the southerly arm of San Francisco bay, and to prescribe their powers and duties and to fix their compensation and the com- pensation of their employees and to appropriate money to carry this act into effect. [Approved June 14, 1913. Stats. 1913, p. 1128.] San Jose harbor commission created. § 1. The board of harbor commissioners for the port of San Jose on the southerly arm of the bay of San Francisco, to consist of three persons, is hereby constituted with such powers and duties as are pre- scribed by law and the provisions of this act. Within thirty days after this act takes effect the governor shall appoint one of said com- missioners to hold office for two years, one of said commissioners to hold office for three years, and one of said commissioners to hold office for four years from the dates of their respective commissions and until their successors are appointed and qualified; and thereafter the said three officers shall be thereafter appointed by the governor for a term of four years from the dates of their respective commissions and until their successors are appointed and qualified. All persons appointed commissioners by virtue of this act, must be qualified electors or free- holders of the city of San Jose and shall serve without compensation. If a vacancy occurs from any cause in the office of a commissioner appointed under the provisions of this act before the expiration of his 1213 HARBOR COMMISSIONERS. Act 1439, §§ 2, 3 term, his sufocssor shall be appointed and hold office only for the un expired portion of said term. Within thirty days after the appoint- ment of said commissioners, the said board shall meet and organize by electing one of its members president and executive officer of said board. It shall be the duty of the president to preside at the meet- ings of the board, and to supervise the official conduct of all of its employees and officers, especially in the collection, custody and dis- bursement of the revenues, and to require that all the books, papers and accounts be accurately kept and in proper form, and all the pro- visions of law and the regulations of the board be enforced and ob- served. He may administer official oaths to the officers and employees of the board, except the other commissioners, and to all persons in relation to the business of the board. Officers' salaries. § 2. The said board, upon entering upon the duties of their office, may, as soon as they deem it necessary for the performance of the duties required by this act, and have funds at their disposal to pay the salaries or compensation for services rendered, appoint the follow- ing officers, to wit: A secretary, an attorney, a chief wharfinger, and such assistant wharfingers and collectors as they may deem necessary. Such persons shall hold office at the pleasure of said board, and shall receive such salaries as said board may fix therefor, not to exceed, however, the following sums: Said secretary, the sum of twelve hun- dred dollars per annum; said attorney, one thousand dollars per annum; said chief wharfinger, the sum of one thousand dollars per annum; and said assistant wharfingers and collectors, nine hundred dollars per annum each. Said board shall require of said officers, official bonds in such sums as they may deem necessary and proper, and may, at any time, increase the amounts thereof. Secretary's duties. § 3. The secretary must keep the office of the board open every day, legal holidays excepted, and shall safely keep all books and papers of the board; attend their meetings; keep a perfect record of their pro- ceedings, and proper books of account of all moneys received and paid, and send to the state controller on the fifteenth day of each month, a statement of such receipts and expenditures under oath for the pre- ceding month, showing in detail the sources from which such moneys were received and the purposes for which they were expended, and the disposition of all moneys received by said board. He shall keep a record of all contracts and agreements made by the board and also all bonds executed by the officers of the board, and a record of all personal property purchased, and its cost, and the disposition of the same. Act 1439, §§^6 GENERAL LAWS. 12U Attorney's duties. Wharfinger's duties. § 4. The attorney for the board shall attend the prosecution and defense of all suits and render all legal services which may be required of him by the board. The chief wharfinger must station, berth anl regulate position of vessels in docks and harbors, and cause them to remove from time to time and from place to place as general business, safety and good order may require; he shall supervise the wharfingers and collectors and require all vessels to conform to the regulations of the board, and have general charge and supervision over all wharves, docks, slips, piers and other premises under the jurisdiction of the board, and make due report to the board of all of his acts, and of all vessels coming into the harbors, or using the docks under the super- vision of said board; and perform such other duties as may be required by the board from time to time. Collectors' duties. § 5. The collectors must collect the revenues in such manner as the board may direct, and shall daily account for and pay in to the secre- tary of said board all moneys so collected by them. Jurisdiction of commissioners. Rules of navigation. Wharves. Con- demnation proceedings. Seawall. § 6. The board of harbor commissioners for the port of San Jose, shall have possession and control of, and jurisdiction over, all those portions of Alviso slough, sometimes called Steamboat slough, Guada- lupe slough or river. Coyote river and Devil's slough, as are now or may hereafter be declared to be navigable waters and public ways, and all of that portion of the bay of San Francisco lying within three miles of the mouths of said sloughs, and the shores along the same, together with all of the improvements, rights, privileges, easements and appurte- nances connected therewith, or in any wise appertaining thereto, for the purposes in this act provided, excepting that nothing herein shall interfere with any private rights already secured in any of the said premises, other than by due process of law, or in the exercise of the right of eminent domain. Said board are authorized and empowered to make such rules and regulations, and take such action as maj- be neces- sary and proper for the said protection and encouragement of naviga- tion within their jurisdiction, and may regulate the erection and exten- sion of wharves and piers, and regulate the tolls, wharfage or dockage to be charged thereon. They may prescribe and regulate the manner in which rafts, boats, or vessels may enter or depart from, or lie at anchor in, any harbor within their jurisdiction, or be moved to any wharf or pier, and may prevent and remove obstructions to the regular ebb and flow of the tides, and the deposit and escape into the waters 1215 HARBOR COMMISSIONERS. Act 1439, §§ 7-9 of the bay, or said sloughs, of substances likely to injure, interfere with, or impede navigation, or to create shoals or shallows in, or lessen the depth of the water thereof, and may regulate the speed of vessels moving in said waters. They shall construct such number of wharves, piers and docks as the wants of commerce shall require and locate them at such points upon said lands as the board may deem most suitable and for the best interest of commerce, and shall repair and maintain all wharves, piers, landings and thoroughfares as the wants of commerce may require, and generally erect all such improvements as may be neces- sary for the safe landing, loading and unloading, and protection of all classes of merchandise, and for the safety and convenience of pas- sengers. The commissioners may institute and prosecute to final judg- ment, actions in the name of the people of the state of California for the possession of any portion of the shores or lands lying, contiguous thereto, in the exercise of eminent domain, and for the uses and pur- poses in this act specified; and may so sue for the collection of any money due, or which may become due, by virtue of this act, and may also institute and prosecute to final judgment, actions for the removal of all obstructions in or upon said premises. They may construct such harbor embankment or seawall as may be necessary to protect the commerce in the waters within their jurisdiction, and may dredge such number of slips and docks as such commerce may require. Tolls lien on goods. § 7. The charge for the wharfage and tolls which may be fixed by said board shall be a lien upon all goods, wares and merchandise landed upon any of said wharves or docks and said lien may be enforced in the same manner as other liens. Embankments, etc., for public use. § 8. The embankments, seawalls, thoroughfares, streets, wharves and other public places provided for in this act, are hereby declared to be for public use, and the laying out and construction of which the right «f eminent domain may be exercised by the said board of harljor com- missioners in the name of the people of the state, and in the manner provided in part 3, title 8 of the Code of Civil Procedure of the state of California. The said board are authorized to pay out of any moneys coming into their hands, any compensations, and damages assessed in such proceedings. Limit of rent, etc. § 9. No greater amount of money in rent shall be collected for dock- age, wharfage, tolls and rents by the said board than shall be neces- sary to construct and keep in repair such number of wharves, piers, landings, thoroughfares, and to dredge such number of slips and docks, Act 1448, § 2 GENERAL LAWS. 1216 and to construct and keep in repair such seawalls and harbor embank- ments as are necessary for the convenience of commerce, and to pay the salaries and incidental expenses authorized by this act. Appropriation. § 10. The sum of two thousand five hundred dollars is hereby appro- priated out of any money in the state treasury, not otherwise appro- priated, to be used in putting into effect the provisions of this act; and the money hereby appropriated shall become available on the first day of October, 1913, and shall be set aside in a separate fund to the credit of said board of harbor commissioners for the port of San .Jose and paid out upon warrants drawn therefor by the controller as directed by the said board; and the said controller is hereby authorized and directed to draw his warrants in favor of such persons and in such amounts as may be designated by said board, and the said treasurer is hereby directed to pay such warrants. TITLE 208. HIGHWAYS. ACT 1448. An act providing for the laying out, constructing, straightening, im- provement and repair of main public highways in any county, pro- viding for the voting, issuing, and selling of county bonds and the acceptance of donations to pay for such work and improvements, providing for a highway commission to have charge of such work and improvements, and authorizing cities and towns to improve the portions of such highways within their corporafe limits and to issue and sell bonds therefor.' [Approved March 19, 1907. Stats. 1907, p. 666.] Amended 1909, p. 151; 1911, pp. 505, 589; Ex. Sess. 1911, p. 65; 1913, p. 327. The amendments of 1911 and 1913 are as follows: County highway commission, how constituted, and terms of members. Bond. § 2. Said highway commission shall consist of three members, who shall be, and have been for two years, bona fide residents and free- holders of such county, and shall be especially qualified to have charge of the improvement of highways. Said commissioners shall be appointed to serve for the term of two years and until their successors are ap- pointed and qualified, and any vacancy in the commission shall be filled by appointment for the unexpired term; provided, however, that when the proposition for the issuance of bonds fails to carry at the election held under section 7 of this act, or when all the highway improvements for which bonds are voted under said section 7 are completed, or, if there is a surplus in the highway improvement fund after completion 1217 HIGHWAYS. Act 1448, § 10 thereof, when said surplus has been expended on other highways, the existence of said liighway commission shall cease. Thereafter another commission may be appointed under section 1 hereof. Each commis- sioner shall give a bond for the faithful performance of his duties, to be approved by the board of supervisors, in such amount as said board may require. No member of the board of supervisors can act or be appointed as a commissioner under this act. [Amendment approved December 24, 1911; Stats. Ex. Sess. 1911, p. 65.] Also amended March 27, 1911; Stats. 1911, p. 505. Highway coinmission to decide character of improvements. Bailroad franchises. § 10. All improvements constructed under this act shall be of a durable and lasting character; provided, that said commission shall have the power to determine how said highways shall be improved and constructed, and the character of the materials to be used in the im- provements and construction thereof. If said commission shall deter- mine that said highways, or any of them, shall be macadamized or paved, then the macadamized or paved portion of the roadbed con- structed or any highway or portion thereof improved under this act shall, not exceed sixteen feet in width, unless donations are made to the highway commission for that purpose, in which case such donations shall be used to defray the increased cost of constructing such macada- mized or paved roadbed more than sixteen feet wide on any part of such highway specified by the donors, but no part of the proceeds of any bond issue shall be expended for such purpose, except to build shoulders or marginal protections to said highways where the same are macad- amized or paved, and which shoulders or marginal protections thereto shall not exceed two feet in width on each side of said macadamized or paved highway. No railroad, electric railroad, or street railroad shall be constructed along or upon such highway, or any portion thereof, improved under the provisions of this act, except for crossings duly authorized by the board of supervisors or other legislative body having control thereof; nor shall any board of supervisors or other legislative body have power to grant any franchise for the construction of any railroad, electric railroad or street railroad along or upon any such highway or portion thereof, except for crossing; provided, that when any such highway or portion thereof shall, after the improvement of the same under the provisions of this act, be included within the boundaries of any incorporated city, city and county or town the fore-, going provisions of this section shall not prohibit the granting of any such franchise by the proper municipal authorities along, upon or across any such highway, or portion thereof so included, within the boundaries of any such incorporated city, city and county, or town. Any such franchise shall be granted only upon the express condition that the grantee thereof will pay to the county for the benefit of the general fund thereof an amount equal to the cost of the improvement or con- 77 Acts 1449, 1449a general laws. 1218 struction of such portion of the roadbed or highway constructed or improved under the provisions of this act as shall be occupied by the track or tracks of such railroad, electric road or street railroad. [Amendment approved May 26, 1913; Stats. 1913, p. 327.] Also amended April 3, 1911; Stats. 1911, p. 589. Citetiona. Cal. 158/313, 314, 315, 321. ACT 1449. An act to provide for the formation of boulevard districts and the con- struction, maintenance, and use of boulevards and defining the term boulevard. [Approved March 22, 1905. Stats. 1905, p. 754. J Amended 1909, p. 923. Repealed 1911, p. 1425. See post, Act 1449a. ACT 1449a. An act to provide for the formation and establishment of boulevard districts; the construction, acquisition, maintenance, control and use of boulevards; defining the term boulevard; providing for the vot- ing, issuing and selling of bonds, and the levying of taxes to pay for the acquisition, construction, maintenance and repair of such boulevard; providing for a boulevard commission to have charge of the affairs of boulevard districts, and the construction, maintenance and repair of boulevards, within such districts; providing for the election of such commission, their terms of office, and of elections to be held in such districts; and repealing an act entitled "-\n act to provide for the formation of boulevard districts, and the con- struction, maintenance, and use of boulevards, and defining the term boulevard," approved March 22, 1905, and the act amendatory thereof, approved April 15, 1909. [Approved May 1, 1911. Stats. 1911, p. 1425.] Amended Ex. Sess. 1911, p. 223; 1913, p. 394. Boulevard district. § 1. Any portion of a county not contained in a boulevard district under the provisions of this act. may be formed into a boulevard district, and when so formed shall be known and desiguated by the name and style of boulevard district (using the name of the district) of county (using the name of the county in which said district is located), and shall have the rights herein enumerated and such as may hereafter be conferred by law. Petition to supervisors. § 2. A petition for the formation of such boulevard district (naming it) may be presented to the board of supervisors of the county wherein the district is proposed to be formed, which said petition shall be signoil by not less than twenty-five freeholders, resident within the proposed district and shall contain: .1219 HIGHWAYS. Act 1449a, §§ 3-5 (1) The boundaries of the proposed district and the number of in- habitants residing therein; (2) The number of acres contained therein and the assessed value thereof and of the improvements thereon; (3) A particular description of the boulevard which it is desired to lay out, open and construct; (4) A request that an election be called within said district for the purpose of determining the question of the formation of said boulevard district and the building of the boulevard described in said petition. Hearing on petition. § 3. Such petition must be presented at a regular meeting of said board of supervisors and thej' shall thereupon fix a time for hearing said petition, not less than twenty, nor more than sixty days after the date of presentation tliereof, and shall publish a notice of the fact that such petition has been filed (referring to the same on file with the clerk of the board of supervisors for further particulars) and giving the date and hour at which said petition will be heard, which said notice shall be published at least once a week for two consecutive weeks in some newspaper published and circulated in said proposed district; provided, that if no newspaper be so published in said district, then said notice shall be so published in some newspaper published and circulated at the county seat in which said proposed district is located. Hearing and proceedings, § 4. Upon the day named for the hearing of said petition, the board of supervisors shall hear the same and may adjourn such hearing from time to time, not more than thirty days in all. On the final hearing the said board shall define and establish the boundaries of said boulevard district as provided in said petition, unless they shall deem it proper to change them'; provided, that any change made by said board of super- visors shall not include any territory outside of the boundaries described in the petition, until the board has given at least two weeks' notice of its intention to include such territory within such district, by publication for two weeks of such notice of intention in a newspaper of general circulation published either in said district or at the county seat. The territory of such district shall not be changed or reduced to such an extent as to prevent the creation and establishment of such boulevard district. Boundaries established. § 5. The boundaries established by the board of supervisors shall be the boundaries of such boulevard district until the same shall be changed in the manner provided by law. But, if it shall appear to the board that the boundaries of any such district have been incorrectly described in the petition, it shall direct the county surveyor to ascertain and" report the correct description of the boundaries, in conformity with the orders of said board of supervisors, which said report must be filed Act 1449a, §§ 6,7 general laws. 1220 within ten days from the day of making such order. At the first regu- lar meeting after the filing of said report, the board of supervisors shall ratify the same, by resolution entered in its minutes, with such modifica- tions as they deem necessary, and the boundaries so established shall be the legal boundaries of such boulevard district. Election. Order posted and published. § 6. The board of supervisors thereupon, and not later than thirty days after the establishment of said boundaries, as hereinbefore pro- vided, shall give notice of an election to be held in such proposed boule- vard district for the purpose of determining whether such district shall be formed. The order must fix the day of such election, which must be within sixty days from the date of the order, and must show the bound- aries of the proposed district, and must state that at such election three persons who are to compose the boulevard commission will be voted for. This order shall be entered in the minutes of the board, and shall be conclusive evidence of the due presentation of a proper petition, and of the fact that each of the petitioners was, at the time of the signing and presentation of such petition, a resident and freeholder of the pro- posed district; a copy of such order shall be posted for four successive weeks prior to the election, in three public places within the proposed district, and shall be published for four successive weeks prior to the election in some newspaper published in the proposed district, if there be one, and if not, in some newspaper published at the county seat. It shall be suflScient if the order be published once a week. Polling places and election ofilcers. Ballot. Boulevard commission. Canvass of votes. § 7. The board of supervisors, at least fifteen days prior to the elec- tion, shall select one, and may select two, polling places within the pro- posed district, and make all suitable arrangements for the holding of such election. They must appoint one inspector and two judges of election in each polling place, who shall constitute the officers of said election; if none are so appointed or if those appointed are not present at the time of the opening of the polls, the electors present may appoint them and they shall conduct the election. The ballot shall contain the words "For a Boulevard I?istrict" or "Against a Boulevard District" as the case may be, and also the names of the persons to be voted for at said election. At such election there shall be elected three persons for members of the boulevard commission. Such election, and all subsequent elections in said district, shall be conducted as nearly as practicable in accordance with the general election laws of the state, except that the jirovisions of said laws as to the form of ballots and the making of nominations shall not apply. Every qualified elector, resident within the proposed district for the period requisite to enable him to vote at a gen- eral election shall be entitled to vote at the election above provided for. The ollicers of the election must certify the result of the election to the 1221 HIGHWAYS. Act 1449a, § 8 board of supervisors, and if a majority of the votes east at such election shall be in favor of a boulevard district the board of supervisors shall make and cause to be entered in the minutes of said board an order that a boulevard district of the name, and with the boundaries stated in the petition (setting forth such boundaries), has been duly established and shall declare the persons receiving respectively the highest number of votes for members of the boulevard commission, duly elected as such commissioners; and said order shall be conclusive evidence of the fact and regularity of all prior proceedings of every kind and nature provided for by this act or by law, and of the existence and validity of the boule- vard district. If a majority of the votes cast shall be against a boule- vard district, the board shall by order entered in its minutes so declare, and no other proceeding shall be taken in relation thereto until the ex- piration of six months from the date of the presentation of the petition to said board. Annual elections. Classification of commissioners electad. at organiza^ tion. § 8. There shall be an election for two members of the boulevard board in every even-numbered year, beginning with the first even-num- bered year after the election at which the said district was organized, and the two members then to be elected shall hold ofiice until the elec- tion and qualification of their successors in the next even-numbered year; and there shall be an election for one member of the boulevard com- mission in everj'' odd-numbered year beginning with the first odd-num- bered year after the election at which the district was organized, and the member then to be elected shall hold oflBee until the election and qualification of his successor in the next odd-numbered year. The three members elected at the election at which the district was organized shall, at their first meeting, or as soon thereafter as may be practicable, so classify themselves by lot, that two of them shall go out of oflSce in the first even-numbered year after the election at which the district was organized, and upon the election and qualification of their successors, as provided by this act. The members of the boulevard commission shall receive no compensation whatever, either for general or for special ser- vices. All elections for officers after the formation of the district shall be held on the first Monday after the first Tuesday in the month of March. Not less than twenty days before the day of such election t^e boulevard commission must give notice of said election by posting notice thereof in three public places in the boulevard district, which notice must specify the time and place of elections, the hours during which the polls will be kept open, and the officers to be elected. They shall select one, and may select two polling places within the district; shall ap- point one inspector and two judges of election in each polling place, and make all necessary and proper arrangements for holding the election. Said election officers shall constitute the election board. If no election officers are so appointed, or if those appointed are not present at the Act 1449a, §§ 9, 10 general laws. 1222 time of the opening of the polls, the electors present may appoint them and they shall conduct the election. Such election shall be conducted as nearly as practicable in accordance with the general election laws of the state, except that the requirements of said laws as to the form of ballots and the making of the nominations of candidates, shall not apply. Every qualified elector resident within the district for the period requi- site to enable him to vote at a general election, shall be entitled to vote at the election. At such election the last great register of the county shall be used, and any elector whose name is not upon such great reg- ister shall be entitled to vote upon producing and filing with the board of election a certificate, under the hand and seal of the county clerk, showing that his name is registered and uncanceled upon the great reg- ister of such county, provided that he is otherwise entitled to vote. The officers of the election must publicly canvass the votes immediately after the closing of the polls, and must certify the result within twenty-four hours after the closing of the polls to the boulevard commission. Said commission shall within five days after the day of election canvass said returns and shall make, sign and deliver certificates of election to the person or persons elected. [Amendment approved January 12, 1912; Stats. Ex. Sess. 1911, p. 223.] Powers of board. § 9. Every boulevard district formed under the provisions of this act shall have power to have and use a common seal, alterable at the pleasure of the boulevard commission; to sue and be sued by its name; to lay out, establish, construct, acquire and maintain one or more boule- vards within the district, and for this purpose to acquire by purchase, gift, devise, condemnation proceedings or otherwise real and personal property and rights of way within the district, and to pay for and hold the same; to make and accept any and all contracts, deeds, releases and documents of any kind which shall be necessary or proper to the exercise of any of the powers of the district, and to direct the payment of all lawful claims and demands against it; to issue bonds as hereinafter pro- vided, and to provide for the payment of the same and the interest thereon; and to cause to be levied taxes sufficient when directed by a vote of the people of the district for the construction, maintenance or repair of said boulevard, and the running expenses of the district; to employ all necessary engineers, surveyors, agents and workmen to do the work on said boulevard and in said district; and generally to do and perform any and all acts necessary or proper to the complete exor- cise and effect of any of its powers or the purposes for which it was formed. Offi.cers of district. Vacancy. Bond. § 10. The officers of the district shall be three members of the boule- vard commission, and their term of office shall be for two years. No person shall be eligible to act as a commissioner who has not been a bona 1223 HIGHWAYS. Act 1449a, §§ 11-13 fide resident and freeholder of the district for at least one year prior to his election or appointment. Any vacancy in the commission shall be filled by appointment for the unexpired term by the board of super- visors of the county in which said district ;s located, but no member of the board of supervisors shall l)e eligible to membership on said commis- sion, or to hold any position in connection therewith. Each commissioner shall give a bond to the boulevard district for the faithful performance of his duties in the sum of five thousand dollars, to be approved by the judge of the superior court. Commission governing body of district. § 11. The boulevard commission shall be the governing body of the district, and shall exercise all the powers thereof. At its first meeting, or as soon thereafter as may be practicable, the commission shall choose one of its members as president, and another of its members as secretary. All contracts, deeds, warrants, releases, receipts and documents of every kind shall be signed in the name of the district by its president, and shall be countersigned by its secretary. The commission may hold such meetings, either in the day or in the evening, as maj"^ be convenient. In case of the absence or inability to act of the president or secretary, the board shall, by order entered upon its minutes, choose a president pro tem. or secretary pro tem., as the case may be. Boulevard may be constructed on county road. "Boulevard" defined. § 12. Any boulevard constructed under this act may be constructed over, along or upon any county road or public highway, or any part thereof, and the moneys belonging to such boulevard district may be expended in the improvement of such road or highway to conform to the width and general character of the balance of the boulevard. By the term "boulevard" as used herein is meant a highway of limited dedica- tion and use, not less than thirty, and not more than one hundred feet in width, and upon, along, and over which, when the same is less than sixty feet in width no railroad, electric road, or street railroad shall be constructed or operated, or on any portion thereof; and no franchise for the same, or for telephone, telegraph or electric wires or poles thereon, shall be granted; and any easements granted or condemned for the build- ing of said boulevard shall be so granted or condemned; provided, that nothing herein shall be deemed to apply to or as preventing the granting of such franchise or limiting the use of wagons across said boulevard, on, over and along intersecting streets and highways. [Amendment ap- proved June 5, 1913; Stats, 1913, p. 394.] Bond elections. § 13. At any time after the district is organized, the boulevard com- mission may, by order entered in the minutes of the meetings of the commission, call an election for the purpose of determining whether bonds shall be issued for the construction of such boulevard. Such order shall fix the day of the election and shall sx^ecify the amount of money to Act 1449a, § 14 general laws. 1224 be raised, and shall state in general terms the purpose for which it i? to be raised. A copy of such order shall be posted for four suceessiv." weeks prior to the election in at least three public places within th>' district, and shall be published for four successive weeks prior to th- election in some newspaper published within the district, if there 1"- one, and if not, in some newspaper publi>-hed at the county seat. Jt shall be sufficient if the order be published once a week. Polling places, etc. Advertise for bids for constructing boulevards. § 14. At any time prior to the day fixed for the election the com- mission shall select one, and may select two, polling places within the district, and appoint one inspector, one judge and one clerk for each precinct to conduct the same, and shall make all necessary and proper arrangements for holding the election. The ballots shall contain the words "For the Issuance of Bonds," or "Against the Issuance of Bonds." The election shall be conducted in accordance with the general election laws of the state, so far as the same may be applicable, except as herein otherwise provided. Every qualified elector resident within the district for the length of time necessary to enable him to vote at a general elec tion shall be entitled to vote at the election. After the votes shall have been counted and the result announced by the election officers the ballots shall be sealed up and delivered to the secretary or president of the boulevard commission, and said commission shall within two days thereafter proceed to canvass the same and shall enter the result upon its minutes. Such entry shall be conclusive evidence of the fact and regularity of all prior proceedings of every kind and nature provided by this act or by law, and of the facts stated in such entry. If, at such election, two-thirds of the votes cast be in favor of the issuance of bonds, the said commission shall have full power and authority to issue and dispose of said bonds as proposed in the order calling the election and as hereinafter provided. The boulevard commission shall advertise for bids for constructing such boulevard, or for doing any repair or main- tenance work thereon in accordance with plans, profiles, and specifica- tions to be prepared by said commission, by publishing a notice thereof for three successive weeks in a weekly newspaper published within the boulevard district, if such newspaper is published therein; otherwise In a newspaper published at the couutv seat. Every contract for doing any part of said work shall be let, after advertisement as herein pro- vided, to the lowest responsible bidder, who shall give a bond to the boulevard district for the faithful performance of his contract, with sureties satisfactory to said commission in an amount equal to at least fifty per cent of the amount of the contract price, which shall be stated in said advertisement, provided, however, that the commission may make contracts, without advertisement, for any work on said boulevard the cost of which does not exceed one thousand dollars; and provided, fur- ther, that the commission may reject any or all bids and may thereupon readvertise for bids for doing any part or the whole of said work; or 1225 HIGHWAYS. Act 1449a, §§ 15, 16 may do said work without letting any contract therefor when the amount of the work is less than one thousand dollars. Said commission may hire all necessary engineers, inspectors and superintendents to supervise the performance of contracts entered into by said commission, or to have charge of the doing of all work done without contract. Denominations of bonds, payment, sale, etc. § 15. All bonds issued under the provisions of this act shall be of such denomination as the boulevard commission may determine, except that no bonds shall be of less denomination than one hundred dollars nor of a greater denomination than one thousand dollars. Said bonds* shall be payable in gold coin of the United States at the office of the county treasurer of the county wherein said district is situated, and shall bear interest at a rate not exceeding seven per centum per annum; which interest shall be payable semi-annually in like gold coin. Not less than one-twentieth part of the total issue of bonds shall be payable each year, on a day to be fixed by the commission and specified in the bonds. Each bond shall be signed by the president and countersigned by the secretary of the boulevard commission, and said bonds shall be numbered consecutively, beginning with number 1, and shall have cou- pons attached referring to the number of the bond to which they are attached, which coupons shall be signed by the president and counter- signed by the secretary of said commission. The bonds must be sold or disposed of by the boulevard commission in such manner and in such quantities as may be determined by said commission in its discretion, but no bond must be sold for less than its face value. The proceeds of such sale shall be deposited with the county treasurer and shall be by him placed in the fund to be called the boulevard construction and main- tenance fund of boulevard district (naming it); the money in such fund shall be used for the purpose indicated in the order calling the elec- tion upon the question of the issuance of bonds; provided, that any money remaining in said fund on completion of the work contracted for, shall be expended in the betterment and maintenance of said boulevard. If the result of the election be against the issuance of bonds no other elec- tion upon the question shall be called or held for six months. Estimate to be furnished supervisors. § 16. The commissioners must on or before the first meeting of the board of supervisors in September of each year, furnish the supervisors and the auditor of the county wherein the district is situated, an estimate in writing of the amount of money needed for the purpose of the district for the ensuing fiscal year. The amount must be sufficient to pay off the annual interest accruing upon said bonds, as it falls due, and also to pay one twentieth part of the principal of said bonds; to pay the estimated cost of repairs and maintenance of the boulevard and the running expenses of the district. Actl449a,§§ 17-20 general laws. 1226 Tax levy. § 17. The board of supervisors of any county wherein is situated a boulevard district, must annually at the time of levying county taxes levy a tax to be known as the " (name of district) boulevard dis- trict tax," sufficient to raise the amount reported to them as herein pro- vided, by the boulevard commission. The supervisors must determine the rate of such tax by deducting fifteen per cent for anticipated delin- quencies from the total assessed value of the real property of the dis- trict within the county, as it appears on the assessment-roll of the county, and dividing the sum reported by the boulevard commission as required ' to be raised by the remainder of such total assessed value. The tax so levied shall be computed and entered on the assessment-roll by the county auditor, and if the supervisors fail to levy the tax as provided in the preceding section, then the auditor must do so. Such tax shall be collected at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of said district, and the purposes herein specified. The provisions of the Political Code of this state prescribing the manner of levying and collecting taxes and the duties of the several county officers with respect thereto are, so far as they are applicable and not in conflict with the specific provisions of this act, hereby adopted and made a part hereof. Such officers shall be liable upon their several official bonds for the faith- ful discharge of the duties imposed upon them by this act. Repository of funds. § 18. The treasury of the county wherein the district is situated shall be the repository of all the funds of the district. The treasurer of the county shall receive and receipt for the same, and shall place the same to the credit of the district. He shall be responsible upon his official bond for their safekeeping and disbursement in the manner herein provided. Funds. § 19. The following funds are hereby established to which the money belonging to the district shall be apportioned by the treasurer, to wit: bond fund; construction and maintenance fund, and district expense fund. The treasurer shall pay out the same only upon warrants of the boulevard commission, signed by the president and attested by the secre- tary. The treasurer shall report in writing to the commissioners when- ever requested by them or the secretary the amount of money in the various funds, the amounts of receipts since his last report and the amounts paid out. Limit of bond issue. § 20. The amount to be raised by the issuance of bonds on the tax- able property within said district, shall in the aggregate not exceed seventy-five per cent of the estimated cost of acquiring the right of way therefor and the constructing said boulevard, as given in the estimates 1227 HIGHWAYS. Act 1449a, §§21-23 to be furnished by the county surveyor; the balance of twenty-five per cent shall be paid out of the general road fund of the county. Sev^enty- five per cent of the cost of maintenance and repair of said boulevard shall be paid by the boulevard district and twenty-five per cent of the cost of such maintenance and repair thereof shall be paid out of the gen- eral road fund of the county. Map to be prepared by county surveyor. § 21. When directed by the boulevard commission of said district, and before the calling of any election for the issuance of bonds, the county surveyor shall prepare a map showing the location of said proposed boule- vard; also showing a cross-section and profile of said proposed boulevard, together with specifications for the construction thereof, and an estimate of the cost of acquiring the right of way therefor, and of the construc- tion of said boulevard. Bond to cover cost of election. § 22. There shall be filed with said board of supervisors, at the time of the filing of the petition for the organization of said boulevard dis- trict with said board, a bond in the sum of not more than three hundred dollars, with two sufficient sureties, to be approved by said board, who shall each qualify in double the amount of said bond, conditioned that they will pay the expense and cost of said election in an amount not exceeding the amount mentioned in said bond, in case the proposition to organize said district shall be defeated at said election. Dissolution of district. § 23. The district may at any time be dissolved upon the vote of two- thirds of the qualified electors thereof at an election called by the boule- vard commission upon the question of dissolution. Upon a petition signed by a majority of the electors of said district asking for the dis- solution of said district, the boulevard commission shall, within thirty days after receiving said petition, by resolution, order that an election be held in the said district for the determination of the question, and appoint three qualified electors thereof to conduct said election. Such election shall be called and conducted in the same manner as other elec- tions of the district. Upon such dissolution, any property which may have been acquired by such boulevard district shall vest in any incorpo- rated town or city where said boulevard district shall be wholly within or be identical with the corporate limits of such incorporated town or city; and the property in the territory of said district outside of the limits of such incorporated town or city shall vest in the county board of supervisors; and if there be no such incorporated town or city, then such property shall vest in the board of supervisors of the county wherein such boulevard district is situated until the formation of such incorpo- rated town or city; provided, however, that if at the time of the election to dissolve such district there be any outstanding bonded indebtedness of such district, then, in such event, the vote to dissolve such district Actl457d, §§1-4 GENERAL LAWS, 1228 shall dissolve the same for all purposes excepting only tie levy and col- lection of taxes for the payment of such outstanding indebtedness of such district; and from the time such district is thus dissolved until such bonded indebtedness with the interest thereon is fully paid, satisfied and discharged, the legislative authority of such incorporated town or city, or the board of supervisors, if there be no such incorporated town or city, is hereby constituted ex officio the boulevard commission of such district. And it is hereby made obligatory upon such board to levy such taxas and perform such other acts as may be necessary in order to raise money for the payment of such indebtedness, and the interest thereon, as herein provided. Eepealed. § 24. That certain act entitled "An act to provide for the formation of boulevard districts, and the construction, maintenance, and use of boulevards, and defining the term boulevard," approved March 22, 1905, and the act amendatory thereof, approved April 15, 1909, are hereby repealed. ACT 1457d, An act declaring a state highway from the Shasta county line through Lassen county to the Modoc county line, and making an appropria- tion for its improvement and maintenance. [Approved April 22, 1911. Stats. 1911, p. 1036.] Lassen state highway. § 1. That certain highway known as the county road, and beginning on the boundary line between Shasta and Lassen counties in the north- east corner of township 37 north, range 6 east, and running and extend- ing through township 38 north, range 6 east, township 38 north, range 7 east, township 38 north, range 8 east, to the Modoc county line, a dis- tance of twenty-nine miles, is hereby declared to be, and the same is, a state highway and shall be designated and known as the Lassen State Highway. Engineering department to control. § 2. The said road hereby constituted a state highway is hereby placed under the supervision and control of the department of engineering of the state of California. Engineering department authorized to construct and maintain. § 3. The department of engineering is hereby authorized to construct, repair and maintain said highway when appropriations are available therefor, and to modify grades thereon wherever necessary. Appropriation. § 4, There is hereby appropriated out of any money in the state treas- ury not otherwise appropriated, the sum of five thousand dollars to be 1229 HIGHWAYS. Act 1457e, §§ 1-3 expended under th.e supervision of said department, for the construction, repair and maintenance of said highway and modification of grades thereon. Of the sum hereby appropriated three thousand dollars thereof shall be available on the first day of July, 1911, and the remaining two thousand dollars thereof shall be available on the first day of July, 1912. Controller to draw warrants. § 5. The controller of the state of California is hereby authorized and directed to draw his warrant on the state treasurer for the said amounts and the state treasurer is hereby directed to pay the same. ACT 1457e. , Au act to establish the Alpine state highway; to define its course; to provide for its supervision, construction, repair and maintenance, and to make an appropriation therefor. [Approved April 15, 1911. Stats. 1911, p. 931.] Alpine state highway. § 1. That certain road commencing at the Calaveras big tree grove, located in Calaveras county, thence running to Dorrington in said county; thence easterly following what is known as the Big Tree and Carson valley turnpike, to Mount Bullion, in Alpine county; thence along county road to Markleeville, in Alpine county; thence along that certain road via Kirkwood, Silver Lake, Pine Grove and Irishtown to Jackson, in Amador county, including therewith the road from Pickett's in Hope Valley connecting with the Lake Tahoe wagon road, a state highway, at Osgood's place in El Dorado county, and the road from Mount Bullion via Loupe, in Alpine county, to Junction in Mono county, connecting with the Sonora and Mono state highway, is hereby declared and estab- lished a state highway and shall be designated and known as the "Alpine State Highway." Surveying, constructing, etc. § 2. The work of locating, surveying, constructing, repairing and maintaining said state highway is hereby placed under the management and control of the department of engineering and it shall be the duty of said department to locate, survey, construct, repair and maintain said state highway along all the roads above described, with such variations and modifications of grades thereon as will in the opinion of said de- partment be deemed advisable. Appropriation. § 3. There is hereby appropriated out of anj' money in the state treasury not otherwise appropriated the sum of thirty-five thousand dol- lars to be expended under the supervision of said department for the construction, repair and maintenance of said state highway and modifica- tion of grades thereon. Of the sum hereby appropriated seventeen thou- Acts 1457f-14:57h general laws. 1230 sand five hundred dollars thereof shall be available on the first day of July, 1911, and the remaining seventeen thousand five hundred dollars thereof shall be available on the first day of July, 1912. Controller to draw warrants. § 4. The state controller is hereby directed to draw his warrants in such sums and at such times as the state engineer may present claims therefor, and the state treasurer is directed to pay the same. ACT 1457f. An act to provide a state highway from Meyer's station in El Dorado county, California, to McKinney's in Placer county, California, and making an appropriation therefor. [Approved March 9, 1911. Stats. 1911, p. 324.] The act appropriated twenty-five thousand dollars for the purpose indicated, and placed the work under the control of the department of engineering. ACT 1457g, An act to make an appropriation for changing the state road known as Emigrant Gap so as to eliminate the grade crossing over the railroad track near Summit station. [Approved June 16, 1913. Stats. 1913, p. 1152.] Appropriation. Elimination of grade crossing, Emigrant Gap road. § 1. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of four thousand dollars for making a change in the location of the Emigrant Gap state road so as to eliminate the grade crossing of said road over the railroad track near Summit station; provided, that the Southern Pacific compan)' shall con- tribute not less than three thousand five hundred dollars for the same purpose. § 2. The state controller is hereby directed to draw his warrants in such sums, and at such times as claims therefor, approved by the board of control, may be presented by the department of engineering, and the state treasurer is hereby directed to pay the same. ACT 1457h. An act declaring and establishing a state highway from the city of Bakersfield through a portion of the counties of Kern, San Luis Obispo, Santa Barbara and Ventura to the city of San Buena Ven- tura, designated and known as the Bakersfield, Maricopa and Ventura state highway. [Approved June 16, 1913. Stats. 1913, p. 1134.] 1231 HIGHWAYS. Act 1457h, § 1 Certain highway declared state highway. Course. § 1. A certain highway now partly constructed and partly in course of construction by the several counties through which the same passes and running substantially along the following lines, courses and distances: Commencing at a point on the proposed California state highway be- tween Bakersfield and Los Angeles about seven miles south of the city of Bakersfield, thence following the present county road west six miles; then south twelve miles; thence west one-half mile; thence south three- quarters of a mile; thence west eight miles; thence southwest four miles; thence west five miles to the town limits of the city of Alaricopa, Kern county; thence following a survey made by M. W^ Buffington, southwest thirteen miles to the western boundary of Kern county in the west quarter of section 20, township 10 north, range 24 west; being a total distance in the county of Kern of forty-nine and one-quarter miles, of which thirty-six and one-quarter miles lie along the present county road and thirteen miles are new road from the city of Maricopa to the Kern county line. Thence from a junction at the Kern county line with the proposed road as surveyed by Buflfington, according to a survey made by A. F. Parsons, for a distance of approximately five miles in the county of San Luis Obispo west about one mile through the lands of the Kern County Land Company and the Cuyama rancho, thence southwesterly one mile and a half; thence south three-quarters of a mile; thence easterly three- quarters of a mile; thence southeasterly about one mile, through the lands of the Santa Barbara forest reserve and of S. B. Miller, said line of proposed road in San Luis Obispo county following along the easterly side of the Cuyama river and in the valley of said Cuyama river; to the south line of San Luis Obispo county. Thence from a junction at the San Luis Obispo county line with the proposed road as surveyed by Parsons from a point on the north line of the county of Santa Barbara, according to a survey made by A. C. Hol- lister, said junction point being in section 11, township 9 north, range 25 west, S. B. M., and running in a general southeasterly direction, fol- lowing the valley of the Cuyama river for a distance of eight and one- tenth miles to a point in the eastern boundary of Santa Barbara county in section 17, township 8 north, range 24 west, S. B. M. Thence from a junction at the Santa Barbara county line with the Hollister survey, starting from the western boundary of Ventura county in the valley of the Cuyama river, according to a survey made by A. M. Barton, beginning at a point in section 17, township 8, range 24 west, S. B. M., approximately eleven hundred feet south of the northern bound- ary of section 17; thence southeasterly along the northeasterly bank of the Cuyama river a distance of ten miles to a point n.ear, the center of section 19, township 7 north, range 23 west, on the southerly bank of the Cuyama river; thence east about three-quarters of a mile to a point in the west half of section 20, township 7 north, range 23 west; thence south through the west half of the west half of section 20^ township 7 north, Act 1457h, § 1 GEXERAL LAWS. 1232 range 23 west, and the west half of the west half of section 29, township 7 north, range 23 west, on the east side of Boulder canyon; thence south on the west side of Boulder canyon through the east half of the southeast quarter of section 30, and the west half of section 32, township 7 north, range 23 west; thence southwest passing the great saddle rock, to a point on the summit of Pine mountain at the quarter corner between sec- tions 5 and 6, township 6 north, range 23 west; thence south along the west side of Chorro Chiquito canyon through sections 6, 7, 8 and 18, town- ship 6 north, range 23 west, to the valley of the Sespe river; thence cross- ing the Sespe river and south up the east side of Cherry creek canyon through sections 19, 30 and 31, township 6 north, range 23 west, to the summit of Ortega hill in section 31, township 6 north, range 23 west; thence from the top of Ortega hill and following along the Wheeler ridge, passing through the southwest corner of section 32, township 6 north, range 23 west, through the northeast corner of section 1, township 5 north, range 24 west, through the center of section 6, township 5 north, range 23 west, to the southeast corner of section 5, township 6 north, range 23, west; thence south through sections 8 and 9, township 6 north, range 23 west, to a point near the one-quarter corner on tlie south side of section 8, township 5 north, range 23 west; thence south to the center of section 18, thence southeast through sections 18, 19. 20 and 29, town- ship 5 north, range 23 west, to a point in the Matilija road near the Matilija hot springs, in said section 29, a distance of approximately forty- five miles of the new road to be constructed under the Barton survey, said road in Ventura county lying entirely within the Santa Barbara forest reserve. Thence southeasterly with the Matilija and Meiners roads, said roads being county roads, to the town of Nordhoff. a distance of five miles; thence southerly with the San Antonio creek road, the Nordhoff road and the Ventura avenue to the northerly limits of the city of Saji Buena Ventura, a distance of seventeen miles; being a total distance in the county of Ventura of sixty-seven miles, of which approxi- mately forty-five miles is new road, and of the balance five miles are to be rebuilt upon the proposed abandonment of that distance along the Matilija and Nordhoff roads. The entire length from Ventura to Bakersfield being one hundred twenty-nine and twenty-five one-hundrcdths miles, or thereabouts, is hereby declared vto be, and the same is hereby constituted, a state high- way, and shall be designated and known as the Bakersfield, Maricopa and Ventura state highway, and the same is hereby placed under the supervision and control of the state board of engineering; provided, that said highway shall not be and become a state highway, and be and be- come subject to the supervision and control of the state board of en- gineering until said highway shall have been fully completed. 1233 , HIGHWAYS. Acts 14571, 1458a ACT 1457i. An act making an appropriation for the lopation and survey of a pro- posed highway to connect the counties of Trinity, Tehama' and Shasta with the road sj^stem of Humboldt county. [Approved June 16, 1913. Stats. 1913, p. 1134.] Appropriation. Highway. Peanut, Trinity county, to Beegum creek. § 1. There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of three thousand dollars ($3,000) for the location and survey of a proposed highway to connect the counties of Trinity, Tehama and Shasta with the road system of Humboldt county. Work under department of engineering. § 2. The work of locating and surveying said proposed highway shall be under the management and control of the state department of en- gineering and it shall be the duty of said state department of engineer- ing to start said survey from a point at or near Peanut in Trinity county, to which said point a certain highway is now completed, and continue said surveji' upon the best grounds and grade, consistent with the country to be traversed, to a point on the county line between the counties of Tehama and Shasta in township 29 north, range 9 west, M. D. M., at Beegum creek. Upon the completion of said survey the state depart- ment of engineering shall make a complete report in relation thereto. § 3. The state controller is directed and instructed to draw his war- rants in such amounts and at such times as the department of engineering may present claims therefor, and the state treasurer is directed to pay the same. ACT 1458a. An act to permit counties ^o acquire rights of way for state highways and to pay part of the expense of constructing state highways and bridges within their limits and authorizing the state to accept the same. [Approved June 3, 1913. Stats 1913, p. 445.] Acquisition of rights of way and rock quarries for state highways au- thorized. § 1. Whenever it is determined by a four-fifths vote of the board of supervisors of any county that the interests of the county would be pro- moted thereby, the board of supervisors, upon the recommendation of the advisory board of the department of engineering of the state of Cali- fornia, may, by resolution passed by a four-fifths vote of said county board, determine to acquire by purchase, donation or dedication, or lease any right of way, rock quarry or land needed for state highway purposes 78 A.Ct 1465 GENERAL LAWS. 1234 and described in such recommendation, and shall proceed, if necessary, to condemn under the provisions of the Code of Civil Procedure relating to such proceedings any right of way, rock quarry or land recommended to be acquired as aforesaid. The title to such property may be taken in the name of the state or the county. The order of the board of super- visors shall be the only preliminary procedure required prior to the acqui- sition of such property or the commencement of such condemnation action or actions. Counties may contribute bridges, etc. § 2. Whenever it is determined by a four-fifths vote of the board of supervisors of any county that the interests of the county would be pro- moted thereby, the board of supervisors may, upon the written request of the advisory board of the department of engineering of the state of California, by resolution passed by a four-fifths vote of said county board, determine to contribute bridges, fencing, money, labor, materials and other appurtenances toward the expenses of constructing state highways within their limits. Cost charged to general fund. § 3. The cost of such acquisition of property mentioned in section 1 of this act and the contributing of bridges, fencing, money, labor, materials, or other appurtenances mentioned in section 2 of this act may be charged to the general county fund, the general road fund or the district fund of the district or districts benefited. State authorized to receive. § 4. The state is hereby authorized to receive and use the benefits provided under this act, and any money contributed by a county shall be paid into the state fund designated by the board of supervisors in the resolution determining such donation. ACT 1465. An act to provide for work upon public roads, streets, avenues, boule- vards, lanes and alleys not within the territory of incorporated cities or towns; for the incidental establishment of grades thereof; for the construction therein or thereon of sidewalks, sewers, manholes, bridges, cesspools, gutters, tunnels, curbing and crosswalks; for the issue of bonds representing the costs and expenses thereof; for a special fund derived in part from the county road fund and in part by special assessment upon a district, and for the establishment of such districts. [Approved March 21, 1907. Stats. 1907, p. 806.] Amended 1911, Statutes of 1911, page 506, as follows: 1235 ' HIGHWAYS. Act 1466 Engineer of work. Superintendent of work. Specifications. Not charge against county. Supervisors not eligible. § 14. The board of supervisors is hereby vested with power as fol- lows, to wit: 1. To appoint at any stage of the proceeding before calling for pro- posals or bids any competent engineer, to be designated "engineer of work" for the purpose of doing and furnishing all the civil engineering work or services, surveying, and similar work and services necessary to the proper doing of the work. His compensation or at least the rate or some basis for computing the same shall be fixed and stated in the order of his appointment, which said order shall be entered in the minutes of the board. 2. To appoint, in and as a part of the resolution of intention, any competent person to be designated "superintendent of work," whose duty it shall be to perform the services for him in this act prescribed or indicated, and for the general actual supervision of the work. His com- pensation shall be fixed at the time and in the resolution of his appoint- ment at a per diem not to exceed five dollars for all time actually devoted to the work. 3. To designate any competent person for the purpose of preparing and furnishing the specifications required by section 2 of this act, and with such designation to fix his compensation, or some basis for computing the same. 4. To appoint and designate other competent persons in the places respectively of the persons so originallj'^ appointed, with compensation, so far as practicable, proportionately the same as fixed for the original appointee. No part of such or any compensation for said officers or employees, or for services rendered by any of them shall be a charge against the county or any officer thereof, except that for furnishing specifications and posting the resolution of intention the county shall be liable in case the proceedings cease or are abandoned, before the award of the contract. No member of the board of supervisors shall be eligible to appoint- ment to any office, position or employment under this act. [Became a law, under constitutional provision, without governor's approval, March 27, 1911; Stats. 1911, p. 507.] ACT 1466. An act to allow unincorporated towns and villages to establish, equip and maintain systems of street lights on public highways; to pro- vide for the formation, government and operation of highway light- ing districts; the calling and holding of elections in such districts; the assessment, collection, custody and disbursement of taxes therein; and the creation of ex-officio boards of supervisors. [Approved March 20, 1909. Stats. 1909, p. 551.] Amended 1911, Stats. 1911, p. 439; 1913, p. 447. The amendments of 1911 and 1913 are as follows: Act 1466, § 11 GENERAL LAWS. • 1236 Supervisors to act for lighting districts. § 11. The board of supervisors of the county wherein lighting districts have been established under the provisions of this act, shall be and they are hereby designated as and empowered to act as ex oflScio the board of supervisors of each and all of such lighting districts which may hereafter be established within such county under the provisions of this act; serv- ing without compensation; and said boards of supervisors shall be author- ized and they are hereby empowered, and it shall be their duty: Powers and duties. First — To make all rules, regulations and laws necessary for the admin- istration, operation and maintenance of the lighting districts situated within their county. Second — To supervise, and plan a system of street illumination for any and all lighting districts within their county, and to determine and decide upon the kind and manner of illuminant most feasible for the district; but nothing herein shall prevent the board of supervisors from installing and maintaining electric lights on highwaj-s in such districts, and to pay for the same out of the general road fund of the county or district road fund. Third — To indicate the placing and installation of the lights and any and all subsequent additional lights. Fourth — To receive bids, award and make contracts with lighting com- panies to the very best advantage of the district, for the installation and maintenance of poles, wires, lights and other accessories; and for the supplying of electric current, gas, or such other illuminant as may be determined upon; and for any and all other things -that may be necessary to carry out the full meaning and provisions of this act. Fifth — To determine the number of employees, if any, necessary to properly care for and maintain the lights; to prescribe their duties and fix their compensation, which said employees shall hold their positions at the pleasure of the board. Sixth — Upon the application, by petition, of twenty-five or more tax- payers and residents of such lighting district, asking for the installation and maintenance of additional lights, which said petition must be filed on or before the first day of September in any year; to immediately esti- mate the cost of installing and maintaining'such additional lights, and to include in the tax levy for the ensuing fiscal year a tax upon the tax- able property within such lighting district, at the equalized value thereof for that year, sufficient to pay the cost of installing and maintaining such additional lights; after which to proceed with the installation of such additional lights. Seventh — To designate the hours for lighting such districts. Eighth — To perform any and all other acts and things necessary or proper to carry out the provisions of this act. Ninth — To, within ten days after the establishment of such district, proceed with carrying out the provisions of this act by advertising for 1237 HIGHWAYS. Act 1466, §§ 15, 18 bids for installing, caring for and maintaining the lights determined upon; and for supplying the district with all the gas, electricity or such other illuniinant as has been determined upon, necessary for operating and maintaining any and all of the lights which have been already in- stalled or which are to be installed within such district. The contract to be awarded to the lowest responsible bidder; provided, however, that the rates to be paid therefor must not exceed in any event the rates paid at that time by said county for highway lighting in other portions of said county. The rates to be paid must not be fixed for a term exceeding five years, and the board of supervisors must reserve the right to abro- gate such contract whenever gas or electric current is offered to be sup- plied at two-thirds of such fixed contract price. [Amendment approved June 4, 1913; Stats. 1913, p. 447.] Lighting district tax levy. § 15. When such estimate shall have been made, the board of super- visors of any county wherein a lighting district has been established, must, at the time of levying county taxes, levy a special tax upon all of the taxable property within the limits of such lighting district at the equalized value thereof, sufficient in amount to maintain the said lighting system, and to install any" additional lights, or for any or all of the purposes of this act. When a lighting district is organized sub- sequent to the time of levying county taxes in any year, the board of supervisors may authorize the immediate installation of said lighting system in such district, and shall include in the levy of taxes for said lighting district for the ensuing fiscal year, a sum sufficient to pay the cost of the installation and maintenance of said lighting sj'stem in said district for that portion of the preceding fiscal year for which no levy of taxes was made in such year, for said purpose. [Amendment approved March 23, 1911; Stats. 1911, p. 439.] Dissolution. Petition. Election. Disposition of property. Outstanding indebtedness. § 18. The district may at any time be dissolved upon the vote of two- thirds of the qualified electors thereof, at an election called by the board of supervisors, upon the question of dissolution. Upon a petition signed by fifty or more property owners and residents of such lighting district, asking for the dissolution of said district, the board of supervisors shall within thirty days after receiving said petition, by resolution, order that an election be held in the said district, for the determination of the question, and appoint three qualified electors thereof to conduct said election. Such election shall be called and conducted in the same manner as other elections of the district. Upon such dissolution, any property which may have been acquired by such lighting district shall vest in any incorporated town or city where said lighting district shall be wholly within, or be identical with the corporate limits of such incorporated town or city; and the property in the territory of said district outside Act 1468, § 1 GENERAL LAWS. 1238 of the limits of such incorporated town or city shall vest in the county board of supervisors; and if there be no such incorporated town or city, then such property shall vest in the board of supervisors of the county wherein such lighting district is situated until the formation of such in- corporated town or city; provided, however, that if at the time of the election to dissolve such district there be any outstanding indebtedness of such district, then, in such event, the vote to dissolve such district shall dissolve the same for all purposes excepting only the levy and col- lection of taxes for the payment of such outstanding indebtedness of such district; and from the time such district is thus dissolved until such indebtedness is fully paid, satisfied and discharged, the legislative au- thority of such incorporated town or city, or the board of supervisors, if there be no such incorporated town or city, is hereby constituted ex officio the board of supervisors of such district. And it is hereby made obliga- tory upon such board to levy such taxes and perform such other acts as may be necessary in order to raise money for the payment of such indebt- edness, as herein provided. [Amendment approved June 4, 1913; Stats. 1913, p. 448.] ACT 1468. An act to provide for the protection and preservation of shade and ornamental trees growing and to be grown upon the roads, high- ways, grounds and property within the state of California; and for the planting, care, protection and preservation of shade and ornamental trees, hedges, lawns, shrubs and flowers growing and to be grown in and upon such roads, highways, grounds and prop- erty; and to create county boards of forestry for such purposes; and to prescribe the duties and powers of such boards; and to authorize such boards to appoint county foresters; and to prescribe the duties and fix the compensation of county foresters; and to empower such boards to enforce all laws and adopt and enforce any and all lawful and reasonable rules for the protection, plant- ing, regulation, preservation, care and control of such shade and ornamental trees, hedges, lawns, shrubs and flowers. [Approved April 28, 190^. Stats. 1909, p. 1129.] Amended 1913, page 52, to read as follows: County boards of forestry. § 1. The board of supervisors in each and every county or city and county of the state of California may, in its discretion, appoint a county board of forestry, consisting of five persons, one from each supervisorial district, who shall serve without compensation, and who shall have exclusive charge and control of all shade and ornamental trees, hedges, lawns, shrubs and flowers growing or to be grown upon the public roads, highways, grounds and property within its respective county. [Amendment approved April 22, 1913;" Stats. 1913, p. 52.] 1239 HIGHWAYS. Act 1468, §§ 2-7 Appointment of members. Pay of county forester. § 2. Whenever tlie board of supervisors of any county or city and county in this state shall, by resolution or ordinance, elect to avail itself of the provisions of this act, such board shall, within two months thereafter, appoint five suitable and competent persons, one from each supervisorial district of such county or city and county, as a county board of forestry in and for such county, who shall serve as such with- out compensation; and may also fix the compensation of a county forester, to be appointed as hereinafter provided at a sum not to exceed one hundred and fifty dollars per month. [Amendment approved April 22, 1913; Stats. 1913, p. 53.] Term of office. § 3. The term of office of such county board of forestry shall be four years, provided, however, that the persons first appointed shall so classify themselves by lot that two of their number shall retire from office at the end of two years, two at the end of three years and one at the end of four years. If any vacancy occurs in the office, such vacancy shall be filled, for the unexpired term, by the board of super- visors. [Amendment approved April 22, 1913; Stats. 1913, p. 53.] Organization of board. § 4. Within ten days after notice of their appointment, the members of said county board of forestry shall organize by the election of one of their members as chairman and adopt suitable rules for their govern- ment. [Amendment approved April 22, 1913; Stats. 1913, p. 53.] Appointment of forester. § 5. When organized, said county board of forestry may employ a suitable and competent person as county forester to serve as such dur- ing the pleasure of the board and to prescribe the duties of such employee. [Amendment approved April 22, 1913; Stats. 1913, p. 53.] Bond and duties. § 6. Such forester, when appointed shall execute a bond to said board, in the sum of one thousand dollars, for the faithful performance of his duties. He shall be the secretary of said board and shall perform such other duties as said board shall prescribe. Said forester shall have power and it shall be his duty to enforce the provisions of this act and all lawful orders of said board. [Amendment approved April 22, 1913; Stats. 1913, p. 53.] Powers of board. § 7. Every county board of forestry appointed under the provisions of this act shall, within its respective county, have power over and jurisdiction to decide upon the variety, kind and character of trees, hedges, shrubs, lawns and flowers that shall be planted upon said roads, highways, grounds and property; and to determine all questions Act 1468, §§ 8-11 GENERAL, LAWS. 1240 respecting the pruning, cutting and removal of any trees or hedges now growing and to grow thereon and the necessity therefor and the extent of and the manner in which said work shall be done; and, under the authority of the board of supervisors of its respective county, to plant and properly care for such trees, hedges, shrubs, lawns and flowers; and to enforce, carry out and effectuate the provisions of this act; provided, however, that said board, in the exercise of itg powers and the performance of its duties hereunder, shall not interfere with the jurisdiction of the board of supervisors over the roads, highways, grounds and property in the improvement, care and general control thereof. [Amendment approved April 22, 1913; Stats. 1913, p. 53.] Trimming trees, etc. Fruit trees excepted. § 8. It shall be unlawful for any person or corporation (except said board of forestry or its employees) in any county or city and county where a county board of forestry has been created and appointed under the provisions of this act, to trim, prune, cut, deface, destroy or remove any shade or ornamental tree or hedge growing or to grow upon any such road, highway, ground or property or to paint, place, attach to or put upon any such trees, hedges, shrubs, lawns or flowers, any sign, notice, advertisement or advertising device without the consent in writing of said board first obtained, or to plant any tree or hedge, on any such road, highway, ground or proportv without such written con- sent; provided, however, that nothing in this act shall give such county board of forestry any jurisdiction over any fruit or nut trees now growing along said roads, highways, grounds or property, except that such trees may not be removed without the consent of the said board of forestry. [Amendment approved April 22, 1913; Stats. 1913, p. 54.] Penalty. § 9. Every person who sliall violate any of the provisions of section ■ 8 of this act, shall be guilty of a misdemeanor. Disposition of penalties. § 10. All moneys received as penalties for the violation of the provisions of this act, shall be paid into the county treasury to the credit of the county board of forestry fund; which fund is hereby created, and the moneys thereof hereby appropriated for the expenses of said board in the carrying out of the provisions of this act and the policy and purposes herein provided. [Amendment approved April 22, 1913; Stats. 1913, p. 54.] Appropriation by supervisors. § 11. County boards of supervisors, whenever the provisions of this act are availed of, shall appropriate money for the use of said county board of forestry sufiicient to pay the compensation of said county forester and for the necessary expenses of said county board of forestry. [AmPTiflment approved April'22, 1913; Stats. 1913, p. 54.] 1241 HIGHWAYS. Acts 1468a, 1468b § 12. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. ACT 1468a. An act to provide for maintenance of county highways improved under bond issues in the counties of the state and empowering the boards of supervisors to levy taxes therefor. [Approved May 1, 1911. Stats. 1911, p. 1391.] Amended 1913, p. 1147. Maintenance of highways. § 1. Whenever any county highway is improved under a county bond issue, which bond issue covers all property of the county, and is ac- cepted by the board of supervisors, it becomes their duty to provide for a continuous system of maintenance from the fund hereinafter created. County highway maintenance fund. § 2. The board of supervisors must annually, for each fiscal year, levy tax not to exceed seven cents on each one hundred dollars of value of taxable property of the county for each one hundred miles of improved county highways under a bond issue therefor. This tax shall be collectible by the several officers charged with the collection of other county taxes in the same manner, and at the same time as other county taxes are collectible on all property; and the collection must be paid into the county treasury, and by the county treasurer, converted into a separate fund hereby created and known as the county highway maintenance fund. The money derived from such tax must be applied solely to the maintenance of county highways improved under a bond issue to cover the whole county. [Amendment approved June 16, 1913; Stats. 1913, p. 1147.] Expenditure of fund. § 3. The board of supervisors must expend money from the "county highway maintenance fund" for the maintenance of highways described in section 1 of this act, on a continuous basis of repair, and the high- ways shall be improved uninterruptedly after their acceptance. ACT 1468b. An act to authorize and require the payment by the counties of interest on state highway bonds. [Approved March 10, 1911. Stats. 1911, p. 339.] Interest on state highway bonds. § 1. For the purpose of carrying into effect the provisions relative to the payment of bond interest which are contained in "An act author- izing the construction, acquisition, maintenance and control of a system Actl468e general laws. 1242 of state highways in the state of California; specifying the work, fix- ing the payments to be made by counties for moneys expended therein; providing for the issuance and sale of state bonds to create a fund for the construction and acquisition of such system; creating a sinking fund for the payment of said bonds; and providing for the submission of this act to a vote of the people," approved March 22, 1909, it is hereby made the duty of the state controller to keep an accurate account show- ing the amount of said bond money expended in each county. In con- nection with such account he shall annually, at the beginning of the fiscal year, charge up to each and every county such sum as shall equal the interest at four per cent per annum on the total amount of state highway bond money which has been expended in each such county. Tax levy in each county. § 2. The controller shall notify the county auditor and the clerk of the board of supervisors of each county of the amount of such inter- est charge, in order that there may be included in the county tax levy such rate as will raise the sum needed to meet such interest charge. It is hereby made the duty of the board of supervisors when making the annual levy of county taxes to include therein the necessary provision for payment of interest on state highway bonds, as in this act pro- vided, but no failure of any board of supervisors to make the tax levy herein provided for shall be held to exempt such county from the col- lection by the state, in the manner provided for in the next section of this act, of the amount of interest due from such county. Semi-annual settlement. § 3. In the regular semiannual settlements between the state and the counties, the controller shall charge to, and collect from, each county one-half of the amount of interest 'with which such county has been charged for that fiscal year; provided, that as soon as any of the state highway bonds shall have matured and been paid, the controller shall credit each county with its proportionate part of the diminution of the total interest charge thereby occasioned. Engineering department to furnish data. § 4. Tlio controller is authorized to require from the state engineer- ing department, and it is hereby made the duty of said department to furnish all necessary data to show the amount of state highway bond money expended in each county. ACT 1468c. An act providing for the construction and maintenance by the state of state aid highways in counties and towns. [Approved June 5, 1913. Stats. 1913, p. 461.] 1243 HIGHWAYS. Act 1468c, §§ 1^ Supervisors may petition that highway be improved by department of engineering. § 1. The board of supervisors of any county may on a not less tlian four-fifths vote of such board or governing body, petition the state department of engineering, hereinafter in this act called depart- ment, upon forms prepared by said department, or under its direction to have any main public highway in the said county, or town improved and maintained under the provisions of this act. Such petition shall contain a detailed description of the highway petitioned to be improved, a statement as to whether or not the rights of way for the said highway have been secured by the public; a statement of the kind of construc- tion work with which it is sought to have the highway improved, and such other information and data as the department may prescribe. Consideration of petition. Surveys, estimates, etc. State highway. § 2. Upon receipt of such a petition the department shall give care- ful consideration to the matters contained therein, and may authorize the body filing the petition to file an amended or modified petition con- forming to such regulations and conditions as in the discretion of the department may be deemed just and proper. If said department determine that public necessity and convenience require that such highway should be laid out and be taken charge of by the state, it shall cause the engineer or surveyor of the county in which the road to be improved is located to make adequate surveys, plans, specifications and estimates thereof subject to the approval and acceptance of the department. Upon approval by the department, a copy of the petition, resolution or undertaking, plans, specifications and estimate shall be filed with the department and also in the office of the recorder of the county in which the highway is situated and thereafter it shall be a state highway, and shall be constructed and kept in good repair as the department shall direct, under the supervision of the engineer or surveyor of the said county, the expense for construction and repair of same to be proportioned and paid as hereafter provided. Such highways shall be known as state aid highways. Bridges and culverts constructed by county. § 3. The department shall not grant the prayer of any petition for the improvement of a highway under the provisions of this act unless all necessary bridges and culverts shall have first been constructed by the county, or town in which the highway is situated, in a manner satis- factory to the department, nor unless all necessary rights of way have been secured by the public. All expenditures under the provisions of this act shall be distributed equitably throughout the state. Advertising and letting contract. Bids may be rejected. § 4. When the department is prepared for construction it shall so notify the governing body of the town or county in which the highway is located and furnish them a verified copy of the approval plans and Act 1468c, § 5 GENERAL LAWS. 1244 specifications and the said governing body shall proceed to advertise for bids and let the contract for construction in the manner provided for by the statutes for advertising and letting contracts for work on public highways by counties. Should the bids for constructing the highways exceed the figure mutually agreed upon between the department and the county engineer as a reasonable compensation for the work the bids shall be rejected and the work be done as the department shall direct. In either case the county surveyor shall represent the department in the supervision of the construction. Whenever the department deems it necessary, it may appoint an inspector. Payments. Two-thirds paid by county. Monthly statements of ex- penditures. § 5. Payment for the work shall be made by the local governing body in the manner provided by law for the payments of claims against the county for work of this class, on presentation of bills verified by the supervising engineer and approved by the department. The cost of construction shall include therein the cost of the surveys, drafting, en- gineering, inspection and other necessary expenses as well as the cost of the actual work of construction. Twotihirds of the cost of con- struction as shown by the bills approved by the department shall be paid by the county in which the highway is located and one-third by the state. The cost of maintenance thereafter shall be equally divided between the state and the county, the work to be done as the depart- ment shall direct under the supervision of the county engineer. All bills for maintenance shall be approved and paid in the same manner as the cost of construction. On the 10th of each month following the month in which work of any kind has been done, or expenses of any sort have been incurred in connection with the construction or maintenance of a state aid high- way, the treasurer of the county where the highway is situated shall present to the department a verified statement of the amounts paid for work performed during the previous month and a demand for a payment of the amount due from the state. Upon verification and approval of* this demand the state treasurer shall forward the amount to the county treasurer. The amount to be paid by a countj- may be paid out of the proceeds of a bond issue, the general fund, the general road district fund or out of the district funds of the road district in which the said highway is located. The proportion of expense borne by the state shall be paid out of any fund now available, or which may hereafter be made available for the purpose, or out of special appropriations for the purpose made by the legislature. Moneys shall be paid by the state treasurer upon warrants duly drawn by the controller of the state, upon demands made by the department and audited by the state board of control. 1245 HORTICULTURE. Acts 1485-1517a Limit of cost. Bonds. § 6. The board of supervisors of any county may not, under the provisions of this act, petition for the improvement of any highway the estimated cost of which by the county surveyor or engineer of said county shall exceed the sum of fifty thousand dollars, unless the same shall have been submitted to the electors of the county and approved. The board of supervisors is hereby authorized to issue bonds under the laws of this state for the construction of such highways and the ap- proval of such bond issue by the electors shall authorize the board of supervisors to proceed with the construction of such highway under the provisions of this act. Provisions of state highway law apply. § 7. All of the provisions of l*w relating to state highways and to the department shall apply so far as they are applicable to all work done and to all methods employed under this act. Title of act. § 8. This act shall be known and cited as the "State Aid Highway Act." TITLE 212. HOMESTEADS. ACT 1485. Citations. Cal. 156/199. TITLE 217. HORTICULTUKB. ACT 1517. For the protection of horticulture, and to prevent the introduction into this state of insects, or diseases or animals injurious to fruit or fruit-trees, vines, bushes, or vegetables, and to provide for a quar- antine for the enforcement of this act. [Approved March 11, 1899. Stats. 1899, p. 91.] Amended 1903, p. 32. Repealed, Stats. 2d Ex. Sess. 1912, p. 437. See next act. ACT 1517a. An act to provide for the protection of horticulture and to prevent the introduction into this state of insects or diseases, or animals, injuri- ous to fruit or fruit-trees, vines, bushes or vegetables, providing for a quarantine for the enforcement of this act, making a violation of the terms of the act a misdemeanor, and providing the penalty therefor; providing that said act shall be an urgency measure and go into effect immediately, and repealing that certain act entitled "An act for the protection of horticulture and to prevent the intro- duction into this state of insects, or diseases, or animals, injurious Act 1517a, § 1 GENERAL LAWS. 1246 to fruit or fruit-trees, vines, bushes or vegetables, and to provide for a quarantine for the enforcement of this act," approved March 11, 1899. [Approved January 2, 1912. Stats. 2d Ex. Sess. 1912, Stats. 1911, Ex. Ses3., p. 433.] Inspection of articles brought into state. Notice of arrival. Disinfec- tion. Removal. § 1. Any person, persons, firm or corporation who shall receive, bring or cause to be brought into the state of California, anv nursery stock, trees, shrubs, plans, vines, cuttings, grafts, scions, buds or fruit pits, or fruit or vegetables, or seed, shall immediately after the arrival thereof notify the state commissioner of horticulture, or deputy quaran- tine oflicer, or quarantine guardian ot the district or county in which such nursery stock, or fruit or vegetables or seed are received, of their arrival, and hold the same without unnecessarily moving the same, or placing such articles where they may be harmful, for the immediate inspection of such state commissioner of horticulture, or deputy quaran- tine officer or guardian. If there is no quarantine guardian or state horticultural quarantine officer in the county where such nursery stock or fruit or vegetable, or seed is received, it shall then be the duty of such person, persons, firm or corporation to notify the state commis- sioner of horticulture, who shall make immediate arrangements for their inspection. The state commissioner of horticulture, deputy quarantine officer, quarantine guardian or such person or persons as shall be com- missioned by the state commissioner of horticulture to make such in- spection, or to represent said commissioner, is hereby authorized and empowered to enter at any time into any car, warehouse, depot or upon any ship within the boundaries of the state of California whether in the stream or at the dock, wharf, dock, mole, or any other place where such nursery stock or fruit or vegetables or seed or other described articles are received or in which such nursery stock or fruit or vegetables or seed is imported into the state, for the purpose of making the investiga- tion or examination to ascertain whether such nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, fruit, vegetables or seed is infested with any species of injurious insects, or their eggs, larvae or pupae or other animal or plant disease. If aiter such examination or inspection, any of the said described articles are found to be so infested or infected as aforesaid, then it shall be the duty of the owner, owners, or persons, firm or corporation having charge or possession thereof to so disinfect at his or their expense sucli portion or portions of the ship, dock, wharf, mole, car, warehouse or depot where said articles may have been located in such a manner as to destroy all infection or infestation present or that is liable to be present, and all articles or packages or soils apt to be so infested or infected shall be held until the said articles or packages or soils have been thoroughly disinfected and all injurious insects, or their eggs, larvae or pupae or other animal or plant disease have been eradicated 1247 HORTICULTURE. Act 1517a, §§ 2, 3 and destroyed; provided, however, that all articles of nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, pits, fruit pits, fruits, vegetables or seed which are infested or infected with such species of injurious insects or their eggs, larvae or pupae or other animal or plant disease which may be or be liable to be injurious to the orchards, vine- yards, gardens or farms within said state, shall be destroyed or reshipped out of the state as hereinafter provided. The said officer so making such inspection shall not permit any of the described articles so com- ing in contact with said infested or infected articles or any articles which might convey infection or infestation to be removed or taken from any such car, warehouse, depot, ship, dock, wharf or any other place until after such infection or infestation shall have been destroyed. Marking required on articles undergoing shipment. § 2. Each carload, case, box, package, crate, bale or bundle of trees, shrubs, plants, vines, cuttings, grafts, scions, buds or fruit pits, or fruit or vegetables or seed, imported or brought into this state shall have plainly and legibly marked thereon in a conspicuous manner and place the name and address of the shipper, owner, or owners or person for- warding or shipping the same, and also the name of the person, firm or corporation to whom the same is forwarded or shipped, or his or its responsible agents, also the name of the country, state or territory where the contents were grown and a statement of the contents therein. Destruction or shipment out of state of infected or infested articles. § 3. When any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits or seed or vegetables or fruit, imported or brought into this state, is found infested or infected w^ith any species of injurious insects or their eggs, larvae or pupae or other animal or plant disease or there is reasonable cause to presume that they may be so infested or infected, which would cause damage, or be liable to cause damage, to the orchards, vineyards, gardens or farms of the state of California, or which would be or be liable to be detrimental thereto or to any portion of said state, or to any of the orchards, vine- yards, gardens or farms within said state such shipment shall he im- mediately destroyed by the state commissioner of horticulture, his dep- uty quarantine officer, quarantine guardians or other person or persons, who shall be commissioned by the state commissioner of horticulture to make such inspection; provided, however, that if the nature of the in- jurious insects, or their eggs, larvae, pupae or animal or plant disease be such that no damage or detriment can be caused to the said orchards, vineyards, gardens or farms of California or any of the same by the shipment of the same out of the state, then the said state commissioner of horticulture, his deputy quarantine officer, quarantine guardians or other person or persons who shall be commissioned by the state commis- sioner of horticulture to make such inspection, and who shall make such inspection, shall notify the owner or person, firm or corporation having Act 1517a, §§ 4-6 general laws. 12-18 possession or control of said articles to ship the same out of the state within forty-eight hours after such notification, and it shall be the duty of such owner or owners, or person, firm or corporation, to so ship said articles, but said shipment shall be under the sole direction and control of the officer so making the inspection and shall be at the expense of the owner or owners, his or their agent or agents, and for a failure to comply with such notice such owner or owners, his or their agent or agents shall be deemed giiilty of a violation of the terms of this act and be punished accordingly and immediately after the expiration of the time specified in said notice said articles shall be seized and destroyed by said officer at the expense of the said owner or owners, his or their agent or agents. Shipment passing through state. § 4. "When any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, fruit, fruit pits, vegetables or seed, or any other horticultural or agricultural product passing through any portion of the state of California in transit, is infested or infected with any species of injurious insects, their eggs, larvae or pupae or animal or plant disease, which would cause damage, or be liable to cause damage to the orchards, vineyards, gardens or farms of the state of California, or which would be, or be liable to be, detrimental thereto or to any por- tion of said state, or to any of the orchards,' vineyards, gardens or farms within said state, and there exists danger of dissemination of such insects or disease while such shipment is in transit in the state of California, then such shipment shall be placed within sealed containers, composed of metallic or other material, so that the same cannot be broken or opened, or be liable to be broken, or opened, so as to permit any of the said shipment, insects, their eggs, larvae or pupae or animal or plant disease to escape from such sealed containers and the said containers shall not be opened while within the state of California. Fruit fly. § 5. No person, persons, firm or corporation shall bring or cause to be brought into the state of California any fruit or vegetable or host plant which is now known to be, or hereafter may become a host plant or host fruit of any species of the fruit fly family Trypetidae from any country, state or district where such species of Tr^-petidae is known to exist and any such fruit, vegetable, or host plant, together with the container and packing, shall be refused entry and shall be immediately destroyed at the expense of the owner, owners or agents. Peach yellows or peach rosette. § 6. No person, persons, firm or corporation shall bring or cause to be brought into the state of California any peach, nectarine, or apricot tree or cuttings, grafts, scions, buds or pits of such trees, or any trees budded or grafted upon peach stock or roots that have been in a district where the disease known as "peach yellows" or the contagious disease known 1249 HORTICULTURE, Act 1517a, §§ 7-11 as "contagious peach rosette" are known to exist, and any such attempt- ing to land or enter shall be refused entry and shall be destroyed or returned to the point of shipment at the option of the owner, owners or agent, and at his or their expense. Injurious animals. § 7. No person, persons, firm or corporation shall bring or cause to be brought into the state of California any injurious animals known as English or Australian wild rabbit, flying-fox, mongoose or any other animal or animals detrimental to horticultural or agricultural interests. Penalty, § 8, Any person, persons, firm or corporation violating any of the provisions of this act shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. Act an urgency measure. § 9. It is hereby determined and declared that this act and each and all of the provisions thereof, constitute and is an urgency measure neces- sary for the immediate preservation of the public safety and health. The facts constituting such necessity are as follows: There now exist in various islands and territory in close proximity to the state of Cali- fornia dangerous and injurious fruit and plant diseases and insects and animals, and heretofore fruits, vegetables, plants, seeds and other articles of horticulture and agriculture from said islands and territory have been and now are being shipped and brought into the state of California, which are to a large extent infested and infected with dangerous and injurious fruit and plant diseases and insects, their eggs, larvae and pupae, and which if continued to be brought into the state will cause great danger to the public health, and will greatly damage the horticul- tural and agricultural interests of this state, and will also be detrimental to the public health, and this act is necessary to provide ample power to prevent the introduction of such insects and diseases and injurious animals into the state and to prevent the spread of such disease, insects and animals. Bepeal of former law. § 10, That certain act entitled "An act for the protection of horti- culture, and to prevent the introduction into this state of insects, or diseases, or animals, injurious to fruit or fruit trees, vines, bushes, or vegetables, and to provide for a quarantine for the enforcement of this act," approved March 11, 1899, is hereby repealed. In effect immediately. § 11. This act, being an urgencj^ measure as above set forth, shall take effect and be in full force immediately from and after its passage. 79 Acts 1529, 1530 general laws. 1250 TITLE 219. HOTELS. ACT 1529. An act to protect the lives and property of the patrons of all public hotels, lodging and rooming houses in the state of California. [Approved March 25, 1911. Stats. 1911, p. 494.] Exit signs in lodging-houses. § 1. Every owner, manager, proprietor, lessee or other person having the management, charge or control of any public hotel, lodging or room- ing house, is hereby required to put up in conspicuous places in the halls of such hotel, lodging or rooming house, exit and stairway signs and permanently maintain the same. Said signs shall be made and placed where they will definitely direct the patrons thereof to the exits and stairways, so as to enable them to escape from such building in case of fire or other accident. Penalty for violations. § 2. Every owner, manager, proprietor, lessee or other person, having the management, charge or control of any such hotel, lodging or room- ing house who shall violate anj' of the provisions of this act or who shall refuse or. neglect to comply therewith shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punished by fine not to exceed one hundred dollars or by imprisonment not to exceed three months or by both such fine and imprisonment. ACT 1530. An act to regulate the building and occupancy of hotels and lodging- houses in incorporated towns, incorporated cities, and cities and counties, and to provide penalties for the violation thereof. [Approved June 16, 1913. Stats. 1913, p. 1429.] Hotel and lodging-house act. § 1. This act shall be known as the state hotel and lodging-house act and its provisions shall apply to all incorporated towns, incorporated cities and cities and counties in the state of California. Definitions. § 2. For the purpose of this act certain words and phrases are defined as follows: A "hotel" is a building or part thereof intended, designed or used for supplying food and shelter to residents or guests and having a general public dining-room or cafe, or both, and containing more than fifteen guests' rooms. A "lodging-house" is a building containing more than fifteen rooms in which persons are or may be accommodated •with sleeping apartments for hire, by the day, week, or month. A "yard" is an open, unoccupied space on the same lot with a hotel or lodging-house, between the extreme rear line of the hotel or lodging- 1251 HOTELS. Act 1530, §§ 3-5 house and the rear line of the lot; provided, that in the case of a coiner lot the yard may be placed in the rear of either frontage. A court is an open, unoccupied space, other than a yard, on the same lot with a hotel or lodging-house. A court not extending to the street or 3'ard is an inner court. A court extending to the street or yard and bounded On three sides by a hotel or lodging-house on the same lot is an outer court. If it extends to the street it is a street court. If it extends to the yard it is a yard court. If it extends from the street to the yard it is a street to yard court. A court bounded on one side and on one end by a hotel or a lodging-house on the same lot and on the remaining side by a lot line and the remaining end open to the street or yard is a lot line outer court. A court bounded on one side and both ends by a lodging-house on the same lot and on the remaining side by a lot line, is a lot line court. A court bounded on one side and both ends by a hotel on the same lot and on the remaining side by a lot line, is a lot line court. A lot line is the boundary line between two lots. A corner lot is a lot situated at the junction of two streets or of a street and public alley or other public thoroughfare or public park not less than sixteen feet in width. Any portion of the frontage of such lot behind which the yard is placed distant more than seventy-five feet from such junction shall not be regarded as part of a corner lot but shall be subject to the provisions of this act respecting other than corner lots. Yaxd behind hotel. § 3. Behind every hotel or lodging-house hereafter erected, there shall be a yard extending across the entire width of the lot and at every point open from the ground to the sky, unobstructed, except that open iron fire-escapes may project not over four feet from the rear line of the house. The depth of said yard, measured from the extreme rear wall of the house toward the rear line of the lot, shall be as provided in the following sections. Depth of yard. § 4. Except upon a corner lot, as provided in section 5, or upon a lot running through from street to street or street to public alley or other public thoroughfare or public park, or a lot surrounded upon its sides by streets or streets and public alleys, or parks or other public thorough- fares not less than sixteen feet in width, as provided in section 6, the depth of the yard behind every hotel or lodging-house shall not be less than twelve feet in every part; provided, that whenever such lot is less than one hundred and twenty feet in depth said yard shall be not less than ten per cent of the depth of said lot in every part and in no case less than seven feet in every part. Depth of yard on corner lot. § 5. The depth of the yard for every hotel or lodging-house hereafter erected upon a corner lot shall be not less than seven feet in every part and at every point open and unobstructed from the level of the second Act 1530, §§6-8 GENERAL LAWS. 1252 tjer of beams (the second floor level); provided, that where any such lot is less than seventy feet in depth behind the frontage back of which the yard is to be placed the depth of the yard shall be not less than ten per centum of such depth of such lot, but shall never be less than five feet in every part. When a corner lot is more than seventy-five feet in width upon the frontage behind which the yard is {)laced, the yard for that portion in excess of seventy-five feet shall conform to the provisions of section 4 of this act. When hotel runs from street to alley. § 6. Whenever a hotel or lodging-house is hereafter erected upon a lot which runs through from one street to another street or public alley or other public thoroughfare or public park and said lot is not more than one hundred and fifty feet in depth one-half of the narrowest street or public alley or other public thoroughfare or public park may be in- cluded in the depth of the yard required by sections 4 and 5. If a lot is surrounded on its sides by streets or streets and public alleys or other public thoroughfares or public parks twenty feet or more in width the provisions relating to yards in sections 4 and 5 need not be complied with; provided, tnat the hotel or lodging-house to be constructed on such lot contains an outer court at least eighty feet deep and of a width twice as great as the depth prescribed for yards in section 4 and open to one of the surrounding streets, public alleys or other public thoroughfares or public parks; provided, that said outer court shall not be required to be of a depth which shall leave less than fifty feet be- tween the rear line of caid court and the line of said lot immediately behind said court. Windows. § 7. No window in a hotel or lodging-house hereafter erected shall open upon a lot line. § 8. Windows in hotels or lodging-houses hereafter erected may open upon a lot line court, or upon a lot line outer court or upon a street to yard court, of the minimum sizes provided in this act. No window shall open or be designed to open or be constructed upon a lot line court unless said court be at least of the following mimimum size: The wall of the hotel or lodging-house forming one side of safd court and running approximately parallel to the lot line shall, at its nearest point, be at least four feet distant from the lot line and said court shall be at least eight feet in length parallel to the lot line; provided, that said court need be but four feet in length parallel to the lot line when only windows opening from toilets or bathrooms only open upon said court. No windows in a hotel or lodging-house hereafter erected shall open upon a street to yard court or upon a lot line outer court unless said court has a width throughout its entire length of at least four feet. Windows in hotels or lodging-houses hereafter erected shall not be con- structed or placed in or opened through the outer wall of the building 1253 HOTELS. Act 1530, §^ 9, 10 next to the lot line unless such windows open upon a lot line court or a lot line outer court or a street to yard court or upon a yard or court. When a room is located at the corner of a hotel or lodging-house formed by the intersection of a lot line and a street or public alley or other public thoroughfare or public park and said room has a window or windows opening on such street or public alley or other public thorough- fare or public park said room may also have a window or windows open- ing upon the lot line. Additions to existing hotels must comply -with act. § 9. No hotel or lodging-house existing prior to the passage or going into effect of this act or the permit for the construction of which was issued prior to the going into effect of this act shall hereafter have ad- ditions made thereto unless such additions comply with the provisions of this act and no building existing prior to the going into effect of this act or the permit for the construction of which was issued prior to the going into effect of this act shall hereafter be altered to a hotel or lodg- ing-house except with full compliance with the provisions of this act provided herein for the building and occupancy of hotels and lodging- houses hereafter constructed. Plans, specifications, etc^ to be submitted to building department. § 10. Before the construction or alteration of a hotel or lodging- house, or the alteration or conversion of a building for use as a hotel or lodging-house is commenced, the owner or his agent or architect shall submit to the building department of the incorporated town, incorpo- rated city or city and county in which said hotel or lodging-house or building to be constructed, altered, added to or converted is situated or to be situated, or if there be no building department then to the health department or if there be no building department or health department then to such department as shall be designated for that purpose by municipal ordinance of the municipality in which said work is contem- plated, a detailed statement in writing, verified by the afiidavit of the person making the same, of the specifications for the construction of such hotel or lodging-house or building upon the blanks or forms to be furnished by such department and also a complete and full copy of the plans of such work. Such statement shall give in full the name and res- idence, by street and number, of the owner or owners of such hotel or lodging-house or building. If such construction, alteration or conver- sion is proposed to be made by any other person than the owner of the land in fee, such statement shall contain the full name and residence, by street and number, not only of the owner of the land, but of every person interested in such lodging-house or hotel, either as owner, lessee or in any representative capacity. Said affidavit shall allege that such specification and plans are true and contain a correct description of such hotel or lodging-house, building, structure, lot and proposed work. The statements and affidavits herein provided for may be made by the owner, or the person who proposes to make the construction, alteration or con- Act 1530, § 11 GENERAL LAWS, 1254 version, or by his agent or architect. No person, however, shall be recognized as the agent of the owner unless he shall file with the de- partment with which the plans and specifications are filed a written in- strument signed by such owner designating him as agent. Any false swearing in a material point in such affidavit shall be deemed perjury. Such plans and specifications and statements shall be filed in said de- partment and shall be deemed public records, and no such specifications, plans or statements shall be removed from said department. The said dei)artment shall cause all such plans and specifications to be examined. If such plans and specifications conform to the provisions of this act relative to the building and occupancy of hotels and lodging-houses the department with which said plans and specifications are required to be filed shall issue a written certificate to that effect to the person sub- mitting the same. Such certificates shall state the state hotel or lodging- house act has been complied with. Said department, may from time to time approve changes in any plans and specifications previously ap- proved by it, provided the plans and specifications, when so changed, shall be in conformity with this act. The construction, alteration or conversion of such house, building or structure, shall be in accordance with such approved specifications and plans. When the original copy of the plans is filed an additional copy shall be presented to the de- partment with which the plans are filed and when the permit to com- struct, alter or convert is issued said additional copy shall be certified thereon by said department as a true copy of the plans on file and de- livered to tho person to whom the permit is issued and shall be kept upon the premises upon which the hotel or lodging-house is to be con- structed, altered or converted, from the commencement of the work thereon to the final completion thereof and be subject to inspection at all times by proper authorities, A copy of all changes or alterations in the said plans on file duly authorized shall also be kept upon said premises or such changes or alterations shall be noted upon the copy issued with the permit and certified thereon by the department with which the original copy is filed. Any permit or approval which may be issued by said de- partment but under which no work has been done above the foundation walls within six months from the issuance of such permit or approval, shall expire by limitation. Said department shall have power to revoke or cancel any permit or approval in case of any failure or neglect to comply with any of the provisions of this act, or in case any false state- ment or representation is made in any specification, plans or statements submitted or filed for or to obtain such permit or approval. Certificate of final completion. Permit of occupancy. § 11, Upon the completion of the construction or alteration of a hotel or lodging-house or alteration of a building into a hotel or lodging-house and the making of a written application therefor by the owner, his agent, architect or contractor to the department charged with the enforcement of this act, said department, if said building at the date of such applica- 1255 HOTELS. Act 1530, §§ 12, 13 tion is entitled thereto, shall, within ten days from the date of siich application, issue a certificate that the hotel or lodging house or altera- tion thereof is completed in conformity with the state hotel and lodg- ing-house act, which certificate shall be entitled "certificate of final completion," and upon presentation of said certificate to the department of health of the incorporated town, incorporated city or city and county in which the building is located and filing the same with such department the department of health shall issue a permit to occupy such hotel or lodging-house, which last-mentioned permit shall be entitled "permit of occupancy upon completion of construction." Said certificate and said permit shall each be made in duplicate and one copy of each shall remain on file in the department issuing it. No hotel or lodging-house hereafter constructed as or altered into a hotel or lodging-house shall be occupied in whole or in part for human habitation until the issuance of the said "certificate of final completion" and of said "permit of occupancy upon completion of construction." If any building hereafter constructed as or altered into a hotel or lodging- house, be occupied in whole or in part for human habitation in violation of the provisions of this section such occupation shall be deemed unlawful and said premises shall be deemed unfit for human habitation and the department of health or other department charged with the enforcement of this act may cause them to be vacated accordingly. Act prescribes minimum requirements. § 12. Nothing in this act contained shall be construed to abrogate or impair the powers of the department of health, the department of public works or the building department or of the courts, to enforce the provi- sions of the charter or building ordinances and regulations of any incor- porated town, incorporated city or city and county, not inconsistent with this act, or to prevent or punish violations thereof. The provisions of this act shall be held to be the minimum requirements adopted for the protection, health and safety of the community. Nothing in this act contained shall be construed as prohibiting the local legislative body of any incorporated town, incorporated city or city and county from enacting from time to time supplementary ordinances imposing further restrictions. But no ordinance, regulation or ruling of any municipal authority shall repeal, amend, modify or dispense with any provision of this act. Inspection of hotels. § 13. The building department, the health department and such other departments as the municipalities affected by the provisions of this act may designate by ordinance or otherwise shall have the right and it shall be its and their duty to enter into hotels and lodging-houses within the said municipal corporation for the purpose of inspecting such houses and buildings to secure compliance with the provisions of this act, and to prevent violations thereof. Act 1530, §§14-16 GENERAL LAWS. 1256 Penalty. § 14. Every person •who shall violate or assist in violation of any provision of this act shall be guilty of a misdemeanor [and] punished by imprisonment in a county jail not exceeding six months or by a fine not exceeding five hundred dollars or by both, and in addition to the penalty therefor, shall be liable for all costs, expenses and disbursements paid or incurred by the department, by any of the oflScers thereof, or by any agent, employee or contractor of the same, in the prosecution of such violation. Procedure to prevent violations. § 15. Except as herein otherwise specified the procedure for the pre- vention of violations of this act, or for the vacation of p jiuises unlaw- fully occupied, or for other abatement of nuisance in connection with a hotel or lodging-house, shall be as set forth in charter and ordinances of the municipality in which the procedure is taken. In case any hotel or lodging-house, building or structure or any part thereof is constructed, altered, converted or maintained in violation of any provision of this act or of any order or notice of the departments charged with its enforce- ment, said department or departments may institute any appropriate proceeding or action to prevent such unlawful construction, alteration, conversion or maintenance, to restrain, correct or abate such violation or nuisance, to prevent the occupation of said hotel or lodging-house, or to prevent any act in violation of this act in or about such hotel or lodging- house or lot. In any such action or proceeding said department or de- partments may, by affidavit setting forth the facts, apply to the superior court or to any judge thereof, for an order granting the relief for which said action or proceeding is brought, or for an order enjoining all per- sons from doing or permitting to be done any work in or about such hotel or lodging-house or for occupying or using the same, until the entry of final judgment or order. In case any notice or order issued by said department or departments is not complied with said department or de- partments may apply to the superior court, or to any judge thereof, for an order authorizing said department or departments to execute and carry out the provisions of said notice or order, to remove any violation specified in said order or notice. The court, or any judge thereof, is hereby authorized to make any order specified in this section. In no case shall the said departments or any officer thereof or the municipal corporation be liable for costs in any action or proceeding that may be commenced in pursuance of this act. Fine to be lien on hotel. § 16. Every fine imposed by judgment under section 14 of this act upon a hotel or lodging-house owner shall be a lien upon the house in relation to which the fine is imposed from the time of the filing of a certified copy of said judgment in the otfice of the recorder of the county in which said hotel or lodging-house is situated, subject only to taxes and 1257 HOTELS. Act 1530, §§ 17, 18 assessments and water rates and to such mortgagee and mechanics' liens as may exist thereon prior to such filing; and it shall be the duty of the department instituting such action or proceeding upon the entry of such judgment to forthwith file the copy as aforesaid, and such copy upon being filed shall be forthwith indexed by the recorder in the index of mechanics' liens. Notice of pendency of action. § 17. In any action or proceeding instituted by the department or departments charged with the enforcement of this act, the plaintiff or petitioner may file in the county recorder's oflSce of the county where the property affected by the action or proceeding is situated, a notice of the pendency of such action or proceeding. Said notice may be filed at the time of the commencement of the action or proceeding, or at any time afterwards before final judgment or order, or at any time after the service of any notice or order issued by said department. Such notice shall have the same force and effect as the notice of pendency of action provided for in the Code of Civil Procedure. Each county re- corder with whom such notice is filed shall record it, and shall index it in the name of each person specified in a direction subscribed by an officer of the department instituting such action or proceeding. Any such notice may be vacated upon the order of a judge of the court in which such action or proceeding or proceedings was instituted or is pend- ing. The recorder of the county where such notice is filed is hereby directed to mark such notice and any record or docket thereof as can- celed of record, upon the presentation and filing of a certified copy of such order. Owners of hotels to file names, addresses, etc, § 18. Every owner of a hotel or lodging-house and every lessee of the whole house, or other person having control of a hotel or lodging- house, shall file in the department of health a notice containing his name and address, and also a description of the property, by street and num- ber, and otherwise, as the case may be, in such manner as will enable the departments charged with the enforcement of this act to easily find the same; and also the number of rooms in each house. In case of a transfer of any hotel or lodging-house it shall be the duty of the grantee of such hotel or lodging-house to file in the department of health a notice of such transfer, stating the name of the new owner, within thirty days after such transfer. In case of the devolution of the said property by will, it shall be the duty of the executor and the devisee, if more than twentj' one years of age, and in the case of devolution of such property by inheritance without a will, it shall be the duty of the heirs, or in case all the heirs are under age, it shall be the duty of the administrator of the deceased owner of said property to file in said department a notice stating the death of said owner and the names of those who have suc- ceeded to his interests, within thirty days after the death of the decedent, Act 1530, §§ 19-23 general laws. 1258 in case he died intestate, and within thirty days after the probate of his will if he died testate. Notice of agent's name, etc. § 19. Every owner, agent or lessee of a hotel or lodging-house shall file in the department of health a notice containing the name and ad- dress of the agent of such house for the purpose of receiving service of process, and also a description of the property, by street and number or otherwise, in such manner as will enable the department charged with the enforcement of this act to easily find the same. The name "bf the owner or lessee may be filed for this purpose. Names indexed. § 20. The names and addresses filed in accordance with sections IS and 19 of this act shall be indexed by the department of health in such manner that all of those filed in relation to each hotel or lodging-house shall be together and readily ascertainable. The department of health shall provide the necessary books and clerical assistance for that purpose, and the expense thereof shall be paid by the municipality. Said indexes shall be public records, open to public inspection during business hours. Time of service. § 21. Every notice or order in relation to a hotel or lodging-house shall be served five days before the time for doing the thing in relation to which it shall have been issued. Sufficient service. § 22. In any action brought by any department charged with the en- forcement of this act in relation to a hotel or lodging-house for injunc- tion, vacation of the premises, or other abatement of nuisance, or to establish a lien thereon, it shall be sufficient service of summons to serve the same as notices and orders are served under the provisions of the Code of Civil Procedure. The plaintiff, except as hereinbefore provided, shall be any department charged with the enforcement of this act. Boiler-rooms. Fire-escapes. § 23. All stoam boilers, heating furnaces, or wnter-heating apparatus using any fuel other than coal-gas or natural gas, installed in any hotel or lodging-house, shall be inclosed in a room with walls of masonry, re- inforced concrete, terra cotta or tile from the floor to the ceiling and with ceiling of same construction or of not less than three-fourths inch plaster or metal lath. No wood shall be used in the construction of the floor. All windows shall be of wired glass not less than one-quarter of an inch thick in metal frames and sashes. "Where oil is burned every doorway shall have a masonry sill not less than six inches from the floor. Where oil is burned the furnace or heating apparatus shall not be fed by a gravity flow. All doors leading from said room shall be fire- doors and either run on tracks or arranged to swing out and to close 1259 HOTELS. Act 1530, §§ 24, 25 automatically. All fire-doors shall overlap the wall at least four inches at sides and top. Sills shall be of metal at least one-quarter inch thick on masonry or of masonry, and have horizontal faces extending under fire-doors and outer edges flush with outer surface of fire doors. Top of sliding doors shall conform to incline on the track, which shall be three-quarters inch to the foot. No door shall be hung on wooden frame or in contact with any woodwork. Fire-doors shall be made of three thicknesses of seven-eighths inch by six inches tongued and grooved red- wood boards, surfaced on both sides, the outer thicknesses to be vertical or diagonal and the inner thickness to be horizontal, nailed with clinched nails. Said doors shall be entirely covered with good tin plate ("IC" charcoal, one hundred and nine pounds to the box), not over fourteen inches by twenty inches in size, laid with locked joints covering nail heads, and all vertical seams shall be double locked. No solder shall be used. Such doors shall have hinges, hangers, latches and chafing strips of wrought iron bolted to the doors, and when sliding doors shall have steel tracks and wrought iron stops and binders bolted through the wall. Swinging doors shall have wall eyes of wrought iron built into or bolted through the wall. Every hotel or lodging-house hereafter constructed of more than two stories in height shall have at least one standard fire- escape on the front thereof and at least one other standard fire escape at some other part of the building. A hotel or lodging-house upon a corner lot shall have a standard fire-escape on each frontage. Such fire- escape shall have a balcony at the level of the second floor and a balcony at the level of the floor of each succeeding story above such second floor and from the topmost balcony shall have a gooseneck ladder running up over the fire wall and onto the roof. Wooden hotels. § 24. Hotels and lodging-houses may be constructed of wood to a height not exceeding forty feet and shall contain not more than three stories and basement within the said forty feet. In the case of a wooden building on a lot with the grade sloping downward from the facade at which the measurement is taken, the height of the building at any point of the grade shall not exceed fifty feet above the adjoining curb in case of corner lots, or above the natural level of the ground in case of inside lots. Repealed. § 25. All statutes of the state and ordinances of incorporated towns, incorporated cities, and cities and counties, as far as inconsistent with the provisions of this act, are hereby repealed; provided, that nothing in this act contained shall be construed as repealing or abrogating any present law or ordinance of any incorporated town, incorporated city oi city and county of the state, making further restrictions than are made in this act. Act 1537, §§ 1,2 GENERAL LAWS. 1260 Building permit. License. § 26. Every person desiring to construct or alter a hotel or lodging- house, or to convert a house into a hotel or lodging-house, shall obtain a permit from the department charged with the enforcement of this act. Every owner or lessee of a hotel or lodging-house shall obtain at the beginning of each year a license from the health department or other department designated by municipal ordinance for that purpose. TITLE 220. HOURS OF LABOR. ACT 1537. An act limiting the hours of labor of females employed in any mann facturing, mechanical or mercantile establishment, laundry, hotel, or restaurant, or telegraph or telephone establishment or office, or by any express or transportation company; compelling each employer in any manufacturing, mechanical, or mercantile establishment, laun- dry, hotel or restaurant, or other establishment employing any female to provide suitable seats for all female employees and to permit them to use such seats when they are not engaged in the active duties of their emploj'ment; and providing a penalty for failure, neglect or re- fusal of the employer to comply with the provisions of this act, and for permitting or suffering any overseer, superintendent, foreman or other agent of any such employer to violate the provisions of this act. [Approved March 22, 1911. Stats. 1911, p. 437.] Entirely amended 1913, page 713, as follows: Females not to work more than eight hours per day. Not applicable to harvesting, etc. § 1. No female shall be employed in any manufacturing, mechanical or mercantile establishment, laundry, hotel, public lodging-house, apart- ment house, hospital, place of amusement, or restaurant, or telegraph or telephone establishment or office, or liy any express or transportation company in this state more than eight hours during any one day or more than forty-eight hours in one week. The hours of work may be so arranged as to permit the employment of females at any time so that they shall not work more than eight hours during the twenty-four hours of one day, or forty-eight hours during any one week; provided, how- ever, that the provisions of this section in relation to hours of employ- ment shall not apply to nor affect the harvesting, curing, canning or drying of any variety of perishable fruit or vegetable, nor to graduate nurses in hospitals. [Amendment approved June 12, 1913; Stats. 1913, p. 714.] Seats for female employees. § 2. Every employer in any manufacturing, mechanical or mercantile establishment, laundry, hotel, or restaurant, or other establishment em- 12G1 IMMIGRATION. Act 1589 ploying any female, shall provide suitable seats for all female employees, and shall permit them to use such seats when they are not engaged in the active duties of their employment. [Amendment approved June 12, 1913; Stats. 1913, p. 714.] Enforcement of act. § 3. The Inireau of labor statistics shall enforce the provisions of this act. The commissioner, his deputies and agents, shall have all powers and authority of sheriffs or other peace officers, to make arrests for viola- tions of the provisions of this act, and to serve all processes and notices thereunder throughout the state. [Amendment approved June 12, 1913; Stats. 1913, p. 714.] Penalty. Disposition of fines. § 4. Any employer who shall permit or require any female to work in any of the places mentioned in section 1 more than the number of hours provided for in this act during any day of twenty-four hours, or who shall fail, neglect, or refuse to so arrange the work of females in his employ so that they shall not work more than the number of hours provided for in this act during any day of twenty-four hours, or who shall fail, neglect, or refuse to provide suitable seats as provided in sec- tion 2 of this act, or who shall permit or suffer any overseer, superin tendent, foreman, or other agent of any such employer to violate any of the provisions of this act, chall be guilty of a misdemeanor, and upon conviction thereof shall be punished for a first offense, by a fine of not less than twenty-five dollars nor more than fifty dollars; for a second offense, by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars; or by imprisonment for not more than sixty days, or by both such fine and imprisonment. All fines imposed and col- lected under the provisions of this act shall be paid into the state treasurj' and credited to the contingent fund of the bureau of labor sta- tistics. [New section approved June 12, 1913; Stats. 1913, p. 714.] Citations. Cal. 162/691, 692. TITLE 227, IMMIGKATION. ACT 1589. An act relating to immigrants and immigration, creating a commission of immigration and housing, providing for the employment by said commission of a secretary, agents and other employees, authorizing said commission to fix their compensation, prescribing the duties of said commission, providing for the investigation by said commission of all things affecting immigrants, and for the care, protection and welfare of immigrants, and making an appropriation for the purpose of carrying out the provisions hereof. [Approved June 12, 1913. Stats. 1913, p. 608.] Act 1589, §§ 1-4 GENERAL LAWS. 1262 Commissioners of immigration and housing. § 1. Within thirty days after this act shall go into effect, the governor of the state shall appoint five suitable persons to act as commissioners of immigration and housing. Said commissioners shall hold office and serve solely at the pleasure of the governor and not otherwise. Compensation. § 2. Said commissioners shall serve without compensation, but shall be entitled to receive from the state their actual necessary expenses while traveling on the business of the commission, either within or without the state of California. Organization of commission, seal, quorum, etc. Va-cancy. Headquarters. § 3. The commission shall be known as the "commission of immigra- tion and housing of California." It shall have a seal for the authentica- tion of its orders and proceedings upon which shall be inscribed the words "commission of immigration and housing — California — seal." Each member of the commission, before entering upon the duties of his office, shall take the oath of office as prescribed by the Political Code for state officers in general, and must execute an official bond in the sum of five thousand dollars. Within thirty days after appointment, the commission shall meet at the state eapitol and organize, selecting a president, a vice- president and secretary. A majority of the commission shall constitute a quorum for the exercise of the powers or authority conferred upon it. Whenever a vacancy occurs in the commission, from any cause whatso- ever, such vacancy shall be filled by the governor, as provided in sec- tion 1 for the original creation of the commission. In case of a vacancy, the remaining members shall exercise all the powers and authority of the commission until such vacancy is filled. The commission shall maintain its headquarters and principal office in the city and county of San Fran- cisco, and may establish branch offices at anj' place or places which in the judgment of the commission may be deemed advisable. The commis- sion may, however, hold sessions at any place other than its offices when the convenience of the commission and the parties interested so requires. Em.ployees. § 4. For the purpose of carrying out the provisions of this act, the said commission is authorized to employ such expert and other employees as it may deem necessary, and upon such terms and for such compensa- tion as it may deem proper. The said commission shall have power to enter into contracts of employment with such persons as it may desire to employ for a definite period of time; but no contract shall be made for more than one year. The employees of the commission shall be en- titled to receive from the state their actual necessary expenses while traveling on the business of the commission, either within or without the state of California. 1263 IMMIGRATION. Act 1589, §§ 5, 6 Powers and duties of commission. Emplojrment bureaus. § 5. The commission of immigration and housing shall have the power to make full inquiry, examination and investigation into the condition, welfare and industrial opportunities of all immigrants arriving and being within the state. The commission shall also gather information as to the agricultural possibilities and opportunities for settlement on land within the state; such information to include soil and agricultural sur- veys of the arable land within the state and other data relating to the price and productivity of land. The commission shall also have power to collect information with respect to the need and demand for labor by the several agricultural, industrial and other productive activities, includ- ing public works, within the state; to gather information with respect to the supply of labor afforded by such immigrants as they shall from time to time arrive or be within the state; to ascertain the occupations for which such immigrants shall be best adapted, and to bring about intercommunication between them and the several activities requiring labor which will best promote their respective needs; to investigate and determine the genuineness of any application for labor that may be re- ceived and the treatment accorded to those for whom employment shall be secured; to co-operate with the state employment bureaus, municipal employment bureaus, and with private employment agencies within the state, and also with the employment and immigration bureaus conducted under the authority of the federal government or by the government of any other state, and with public and philanthropic agencies designed to aid in the distribution and employment of immigrants; aad to devise and carry out such other suitable methods as will tend to prevent or relieve congestion and obviate unemployment; and to collect and publish, in English or foreign languages, for distribution among immigrants, in, or embarked for, California, such information as is deemed essential to their protection, distribution, education and welfare; and said commission is hereby empowered and authorized to have printed by the state printer any such reports or information, records or proceedings as it may deem necessary or proper; and if for any reason the state printer is not equipped to do any part of said work, then the said commission shall have the right and the authority to have the same done elsewhere upon such terms and conditions as it may deem proper. Co-operation with federal, etc., authorities. Children of school age. In- struction in English. Playgrounds. § 6. The commission shall co-operate with the proper authorities and organizations, federal, state, county, municipal and private, with the ob- ject in view of bringing to the immigrant the best opportunities for acquiring education and citizenship. To that end it shall procure from, or with the consent of, the federal authorities, complete lists giving the names, ages and destination within the state of all immigrant children of school age, and such other facts a's will tend to identify them, and shall forthwith deliver copies of such lists to the superintendent of public Act 1589, § 7 GENERAL LAWS. 1264 instruction or the several boards of education and school boards in the respective localities within the state to which said children shall be des- tined, to aid in the enforcement of the provisions of the education law relative to the compulsory attendance at school of children of school age. The commission shall further co-operate with the superintendent of public instruction and with the several boards of education in the state to as- certain the necessity for and the extent to which instruction should be imparted to immigrants within the state and to de%Mse methods for the proper instruction of adult and minor aliens in the English language and other subjects; and in respect to the duties and rights of citizenship and the fundamental principles of the American system of government; and shall co-operate with the proper authorities and with private agencies to put into operation practical devices for training for citizenship and for encouraging naturalization. It shall be the aim to communicate this instruction to the immigrant as soon after his arrival as is practicable. The commission shall co-operate with the proper authorities to extend this education for both children and adults to labor camps and other localities from which the regular schools are not easily accessible. The commission in co-operation with the proper authorities and organizations shall encourage the establishment of playgrounds and other recreational activities, and also the establishment of settlements and social centers in cities and towns. Inspection of labor camps, etc. Housing conditions. Ticket agents. Aid societies. § 7. With the object in view of rendering to the immigrant that pro- tection to which they are entitled, the commission of immigration and housing may inspect all labor camps within the state, and may inspect all employment and contract agencies dealing with immigrants or who secure or negotiate contracts for their employment within the state; may investigate the banking relations that exist between immigrants and laborers; may investigate and inspect institutions established for the tem- porary shelter and care of immigrants and such philanthropic societies as shall be organized for the purpose of securing employment for or aid- ing in the distribution of immigrants, and the methods by which they are conducted; and shall investigate housing conditions under which im- migrants live, and sanitary and safety conditions under which immigrants are employed; it shall further investigate conditions prevailing at the various places where immigrants are lauded within the state and at the several docks, ferries, railway stations, and on trains and boats therein, and shall investigate any and all complaints with respect to frauds, extortion, incompetency and improper practices by notaries public and other public officials; it shall further investigate the relations existing between immigrants and steamship and railway ticket agents, hotel run- ners, cab-men, baggage-men, interpreters and pawnbrokers; it shall fur- ther investigate the dealings carried on between immigrants and real estate firms or corporations; and as the result of any of the above inspec- 1265 IMMIGRATION. Act 1589, §§ 8, 9 tions or investigations, if it should find evidences of fraud, crime, extor- tion, incompetency, improper practices or exploitation, it shall be the duty of the commission of immigration and housing to present to the proper authorities the evidences for action thereon, and shall bring to bear all the authority within its power to see that justice is rendered. The commission shall also encourage the establishment of legal aid societies. Violations of law. Remedial action. Right to enter tenements, etc. § 8. With the further object in view of bringing to the immigrant the best protection the state can afford, it shall be the duty of the commis- sion to call to the attention of the proper authorities any violations it may discover of the laws pertaining to the payment of wages, to the mode of paying, pertaining to the child labor laws, the employment of women, factory inspection laws, weekly day of rest laws, protection of labor under buildings laws, protection of labor under public works laws, laws relating to the white slave traffic, and laws of the state and county and municipal health departments; the tenement house laws, and other laws pertaining to housing conditions. The commission shall investigate and study the general economic, housing and social conditions of immi- grants within the state, for the purpose of inducing remedial action by the various agencies of the state possessing requisite jurisdiction; and shall generally, in conjunction with existing public and private agencies, consider and devise means to promote the welfare of the state. The mem- bers of the commission of immigration and housing or any of their au- thorized agents shall have the right to enter into tenement houses, build- ings and dwelling places for the purpose of inspecting such houses, buildings, and dwelling places to secure compliance with state tenement and building acts and municipal building ordinances and to prevent vio- lation thereof, and shall have the right to examine the records of the various city departments charged with the enforcement of the tenement house law and other building regulations and to secure from them reports and copies of their records at any time. Information from state officials, etc. Evidence may be gathered. § 9. The commission shall have the right to demand of all officials, state, county and municipal, and it shall be the duty of said officials to supply, such information and references to records as will enable the commission to carry into effect the provisions and intent of this act; and shall have the right to enter upon private property to make investi- gation for the purposes of carrying out the provisions of this act. For the purpose of carrying out fully the intent and spirit of this act, the said commission shall have full power and authority to gather any and all such evidence as it may deem proper and necessary in order to pre- sent the same to the proper authorities for the purpose of instituting prosecutions against any and all persons, firms or corporations found violating any of the laws of any municipality, county or of the state 80 Act 1589, §§ 10-14 GENERAL LAWS. 1266 or of the federal government, concerning any of the matters in this act referred to. Hearings, investigations, etc. § 10. For the purpose of carrying out to the fullest extent the pro- visions hereof, the said commission or any member thereof shall have power to hold hearings for the purpose of investigation and inquiry, and for the purpose of reaching an amicable settlement of controversies existing between persons, firms and corporations mentioned herein; and to this end and purpose, the said commissioners and each of them and such person as may be designated in writing by said commission, are hereby authorized and empowered to administer oaths. No decision shall be deemed to be final until ratified and approved by the said commis- sion and filed in its oflice. Definitions. § 11. For the purposes of this act, the words immigrant and immi- gration shall refer to any alien who is within the state, either per- manently or temporarily domiciled here, or in transit, or passing through the state to a contiguous state or territory; said words shall further refer to any alien who may first have taken up residence in sotne other state or in one of the federal territorial possessions, and then shall have removed to this state; said words shall further refer to all aliens com- ing to and being within the state of California. For the purpose of this act, the word alien shall refer to all persons who are not native born or who have not received their final citizenship papers under the naturalization laws of the United States. Immigration not encouraged. § 12. This act shall not be construed to authorize or direct the commission of immigration and housing to induce or encourage immi- gration into this state or the United States. Annual report. § 13. The commission of immigration and housing shall make an annual report to the governor, on the second day of January, of the operation of the commission. Appropriation. § 14. The sum of fifty thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act; and the state con- troller is hereby authorized and directed to draw warrants upon such sum, from time to time, upon the requisition of said commission, ap- proved by the board of control; and the state treasurer is hereby author- ized aud directed to pay such warrants. 1267 INDUSTRIAL WELFARE COMMISSION. Act 1608, §§ 1-3 TITLE 230a. INDUSTRIAL WELFARE COMMISSION. ACT 1608. An act regulating the employment of women and minors and estab- lishing an industrial welfare commission to investigate and deal witii such employment, including a minimum wage; providing for an appropriation therefor and fixing a penalty for violations of this act. [Approved May 26, 1913. Stats. 1913, p. 632.] Industrial welfare commission established. § 1. There is hereby established a commission to be known as the industrial welfare commission, hereinafter called the commission. Said commission shall be composed of five persons, at least one of whom shall be a woman, and all of whom shall be appointed by the governor as follows: two for the term of one year, one for the term of two years, one for the term of three years, and one for the term of four years; provided, however, that at the expiration of their respective terms, their successors shall be appointed to serve a full term of four years. Any vacancies shall be similarly filled for the unexpired portion of the term in which the vacancy shall occur. Three members of the commission shall constitute a quorum. A vacancy on the commission shall not impair the right of the remaining members to perform all the duties and exer- cise all the powers and authority of the commission. Compensation. Secretary. § 2. The members of said commission shall draw no salaries but all of said members shall be allowed ten dollars per diem while engaged in the performance of their oflScial duties. The commission may employ a secretary, and such expert, clerical and other assistants as may be necessary to carry out the purposes of this act, and shall fix the com- pensation of such employees, and may, also, to carry out such purposes, incur reasonable and necessary office and other expenses, including the necessary traveling expenses of the members of the commission, of its secretary, of its experts, and of its clerks and other assistants and employees. All employees of the commission shall hold office at the pleasure of the commission. Duties. § 3. (a) It shall be the duty of the commission to ascertain the wages paid, the hours and conditions of labor and employment in the various occupations, trades, and industries in which women and minors are employed in the state of California, and to make investigations into the comfort, health, safety and welfare of such women and minors. Information to be furnished commission. (b) It shall be the duty of every person, firm or corporation employing labor in this state: Act 1608, §§ 4, 5 GENERAL LAWS. 1268 1. To furnish to the commission, at its request, any and all reports or information which the commission may require to carry out the purposes of this act, such reports and information to be verified by the oath of the person, or a member of the firm, or the president, secretary, or manager of the corporation furnishing the same, if and when so requested by the commission or any member thereof. 2. To allow any member of the commission, or its secretary, or any of its duly authorized experts or emploj-ees, free access to the place of business or employment of such person, firm, or corporation, for the purpose of making any investigation authorized by this act, or to make inspection of, or excerpts from, all books, reports, contracts, pay-rolls, documents, or papers, of such person, firm or corporation relating to the employment of labor and payment therefor by such person, firm or cor- poration. 3. To keep a register of the names, ages, and residence addresses of all women and minors employed. Minor defined. (c) For the purposes of this act, a minor is defined to be a person of either sex under the age of eighteen years. Public hearings. § 4. The commission may specify times to hold public hearings, at which times, employers, employees, or other interested persons, may appear and give testimony as to the matter under consideration. The commission or any member thereof shall have power to subpoena wit- nesses and to administer oaths. All witnesses subpoenaed by the com- mission shall be paid the fees and mileage fixed by law in civil cases. In case of failure on the part of any person to comply with any order of the commission or any member thereof, or anj' subpoena, or upon the refusal of any witness to testify to any matter regarding which he may lawfully be interrogated before any wage board or the commission, it shall be the duty of the superior court or the judge thereof, on the application of a member of the commission, to compel obedience in the same manner, by contempt proceedings or otherwise, that such obedience would be compelled in a proceeding pending before said court. The commission shall have power to make and enforce reasonable and proper rules of practice and procedure and shall not be bound by the technical rules of evidence. Conference of "wage board." Compensation. Report of wage board. § 5. If, after investigation, the commission is of the opinion that, in any occupation, trade, or industry, the wages paid to women and minors are inadequate to supply the cost of proper living, or the hours or conditions of labor are prejudicial to the health, morals or welfare of the workers, the commission may call a conference, hereinafter called "wage board," composed of an equal number of representatives of employers and employees in the occupation, trade, or industry in ques- 1269 INDUSTRIAL WELFARE COMMISSION. Act 1608, § 6 tion, and a representative of the commission to be designated by it, who shall act as the chairman of the wage board. The members of such wage board shall be allowed five dollars per diem and necessary travel- ing expenses while engaged in such conferences. The commission shall make rules and regulations governing the number and selection of the members and the mode of procedure of such wage board, and shall exer- cise exclusive jurisdiction over all questions arising as to the validity of the procedure and of the recommendations of such wage board. The proceedings and deliberations of such wage board shall be made a mat- ter of record, for the use of the commission, and shall be admissible as evidence in any proceedings before the commission. On request of the commission, it shall be the duty of such wage board to report to the commission its findings, including therein: 1. An estimate of the minimum wage adequate to supply to women and minors engaged in the occupation, trade or industry in question, the necessary cost of proper living and to maintain the health and welfare of such women and minors. 2. The number of hours of work per day in the occupation, trade or industry in question, consistent with the health and welfare of such women and minors. 3. The standard conditions of labor in the occupation, trade or indus- try in question, demanded by the health and welfare of such women and minors. Power to fix wages, hours, etc. § 6. (a) The commission shall have further power after a public hearing had upon its own motion or upon petition, to fix: 1. A minimum wage to be paid to women and minors engaged in any occupation, trade or industry in this state, which shall not be less than a wage adequate to supply to such women and minors the necessary cost of proper living and to maintain the health and welfare of such women and minors. 2. The maximum hours of work consistent with the health and wel- fare of women and minors engaged in any occupation, trade or industry in this state; provided, that the hours so fixed shall not be more than the maximum now or hereafter fixed by law. 3. The standard conditions of labor demanded by the health and wel- fare of the women and minors engaged in any occupation, trade or industry in this state. Notice of hearing. (b) Upon the fixing of a time and place for the holding of a hearing for the purpose of considering and acting upon any matters referred to in subsection (a) hereof, the commission shall give public notice by advertisement in at least one newspaper published in each of the cities of Los Angeles and Sacramento and in the city and county of San Francisco, and by mailing a copy of said notice to the county recorder Act 1608, §§ 7-9 GENERAL LAWS. 1270 of each county in the state, of such hearing and purpose thereof, which notice shall state the time and place fixed for such hearing, which shall not be earlier than fourteen days from the date of publication and mailing of such notices. Mandatory order specifsring wages. (c) After such public hearing, the commission may, in its discretion, make a mandatory order to be effective in sixty days from the making of such order, specifying the minimum wage for women or minors in the occupation in question, the maximum hours; provided, that the hours specified shall not be more than the maximum for women or minors in California, and the standard conditions of labor for said women or minors; provided, however, that no such order shall become eflfective until after April 1, 1914. Such order shall be published in at least one newspaper in each of the cities of Los Angeles and Sacramento and in the city and county of San Francisco, and a copy thereof be mailed to the county recorder of each county in the state, and such copy shall be recorded without charge, and to the labor commissioner who shall send by mail, so far as practicable, to each employer in the occupation in question, a copy of the order, and each employer shall be required to post a copy of such order in the building in which women or minors affected by the order are employed. Failure to mail notice to the employer shall not relieve the employer from the duty to comply with such order. Finding by the commission that there has been such pub- lication and mailing to county recorders shall be conclusive as to service. Order may be rescinded or amended. § 7. Whenever wages, or hours, or conditions of labor have been so made mandatory in any occupation, trade, or industry, the commis- sion may at any time in its discretion, upon its own motion or upon petition of either employers or employees, after a public hearing held upon the notice prescribed for an original hearing, rescind, alter or amend any prior order. Any order rescinding a prior order shall have the same effect as herein provided for in an original order. License to physically defective, § 8. For any occupation in which a minimum wage has been estab- lished, the commission may issue to a woman physically defective by age or otherwise, a special license authorizing the employment of such licensee, for a period of six months, for a wage less than such legal minimum wage; and the commission shall fix a special minimum wage for such person. Any such license may be renewed for like periods of six months. Statistics. § 9. Upon the request of the commission, the labor commissioner shall cause such statistics and other data and information to be gathered, 1271 INDUSTRIAL WELFARE COMMISSION. Act 1608, §§ 10-12 and investigations made, as the commission may require. The cost thereof shall be paid out of the appropriations made for the expenses of the commission. Dischaxging employee who testifies, misdemeanor. § 10. Any employer who discharges, or threatens to discharge, or in any other manner discriminates against any employee because sneh employee has testified or is about to testify, or because such employer believes that said employee may testify in any investigation or pro- ceedings relative to the enforcement of this act, shall be deemed guilty of a misdemeanor. Payment of less than minimum wage prohibited. Penalty. § 11. The minimum wage for women and minors fixed by said com- mission as in this act provided, shall be the minimum wage to be paid to such employees, and the payment to such employees of a- less wage than the minimum so fixed shall be unlawful, and every employer or other person who, either individually or as an officer, agent, or employee of a corporation or other person, pays or causes to be paid to any such employee a wage less than such minimum, shall be guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars, or by imprisonment for not less than thii.„ days, or by both such fine and imprisonment. Wage fixed presumed reasonable. Appeal. Grounds for setting aside determination. § 12. In every prosecution for the violation oi any provision of this act, the minimum wage established by the commission as herein provided shall be prima facie presumed to be reasonable and lawful, and to be the living wage required herein to be paid to women and minors. The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive; and the determina- tion made by the commission shall be subject to review only in a manner and upon the grounds following: within twenty days from the date of the determination, any party aggrieved thereby may commence in the superior court in and for the city and county of San Francisco, or in and for the counties of Los Angeles or Sacramento, an action against the commission for review of such determination. In such action a complaint, which shall state the grounds upon which a review is sought, shall be served with the summons. Service upon the secre- tary of the commission, or any member of the commission, shall be deemed a complete service. The commission shall serve its answer within twenty days after the service of the complaint. With its answer, the commission shall make a return to the court of all docu- ments and papers on file in the matter, and of all testimony and evi- dence which may have been taken before it, and of its findings and the determination. The action may thereupon be brought on for hearing before the court upon such record by either party on ten days' notice Act 1608, §§ 13-18 GENERAL LAWS. 1272. of the other. Upon such hearing, the court may confirm or set aside such determination; but the same shall be set aside only upon the fol- lowing grounds: (1) That the commission acted without or in excess of its powers. (2) That the determination was procured by fraud. Upon the setting aside of any determination the court may recommit the controversy and remand the record in the case to the commission for further proceedings. The commission, or any party aggrieved, by a decree entered upon the review of a determination, may appeal there- from within the time and in the manner provided for an appeal from the orders of the said superior court. Employee may sue for impaid balance. § 13. Anj' employee receiving less than the legal minimum wage applicable to such employee shall be entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with costs of suit, notwithstanding any agreement to work for such lesser wage. Complaints. § 14. Any person may register with the commission a complaint that the wages paid to an employee for whom a living rate has been estab- lished, are less than that rate, and the commission shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the living wage. Biennial report. § 15. The commission shall biennally make a report to the governor and the state legislature of its investigations and proceedings. Appropriation. § 16. There is hereby appropriated annually out of the moneys of the state treasurj', not otherwise appropriated, the sum of fifteen thousand dollars, to be used by the commission in carrying out the provisions of this act, and the controller is hereby directed from time to time to draw his warrants on the general fund in favor of the com- mission for the amounts expended under its direction, and the treasurer is hereby authorized and directed to pay the same. Not board of arbitration. § 17. The commission shall not act as a board of arbitration during a strike or lock-out. Interpretation of act. Constitutionality. § 18. (a) Whenever this act, or any part or section thereof, is inter- preted by a court, it shall be liberally construed hy such court. (b) If any section, subsection, or subdivision of this act is for any reason held to be unconstitutional, such decision shall not aflfect the 1273 INFANTS. Act 1611, §§ 1-3 validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, sub- section, 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. Act applies to all occupations. § 19. The provisions of this act shall apply to and include women and minors employed in any occupation, trade or industry, and whose compensation for labor is measured by time, piece or otherwise. TITLE 231. INFANTS. ACT 1611. An act regulating the employment and hours of labor of children — pro- hibiting the employment of minors under certain ages— prohibiting the employment of certain illiterate minors — providing for the en- forcement hereof by the commission of the bureau of labor statis- tics and providing penalties for the violation hereof. [Approved February 20, 1905. Stats. 1905, p. 11.] Amended 1907, pp. 598, 978; 1909, pp. 211, 387; 1911, pp. 282, 910; 1913, p. 364. The amendments of 1911 and 1913 are as follows: Hours of labor of minors under eighteen. § 1. No minor under the age of eighteen years shall be employed in laboring in any manufacturing, mechanical, or mercantile establishment, or other place of labor, more than eight hours in one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter days' work for one day of the week, and in no case shall the hours of labor exceed forty-eight hours in a week. [Amendment approved June 2, 1913; Stats. 1913, p. 365.] Also amended April 14, 1911 (Stats. 1911, p. 910). Not to work 10 P. M. to 5 A. M. § 2. No minor under the age of eighteen years shall be employed or permitted to work between the hours of 10 o'clock in the evening and 5 o'clock in the morning. [Amendment approved June 2, 1913; Stats. 1913, p. 365.] Also amended March 6, 1911 (Stats. 1911, p. 283), and April 14, 1911 (Stats. 1911, p. 910). Minor under fifteen not to work in laundry, etc. § 3. No minor under the age of fifteen years shall be employed in any mercantile institution, office, laundry, manufacturing establishment, Act 1611, §§ 3a-5 general laws. 1274 workshop, place of amusement, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, unless such minor is supplied with a permit to work as hereinafter provided. [Amendment approved June 2, 1913; Stats. 1913, p. 365.] Also amended April 14, 1911. (Stats. 1911, p. 912). Remaining idle longer than two weeks. § 3a. [Amended April 14. 1911; Stats. 1911, p. 913. Eepealed or omitted in amendment of 1913.] Permit to work. Completed grammar school. Parents Incapacitated. § 4. The superintendent of schools of any city, or of any city and county, or of any county (over such portions of any such county as are not within the jurisdiction of any superintendent of city schools) shall have authority to issue a permit to work to any minor between the ages of twelve and fifteen years, in any of the following circumstances: (1) Where such minor has completed the prescribed grammar school course, and is physically fitted for the labor contemplated; or (2) Where upon the sworn statement being made by the parent, or foster-parent, or guardian, of such minor, that such minor is past the age of twelve years, that the parent or parents, or foster-parent or foster-parents, or guardian, of such minor is incapacitated for labor through illness or injury, or that through the death or desertion of the father of such minor, the family is in need of the earnings of such minor, and that sufficient aid cannot be secured in any other manner. The person authorized to issue such permit shall make a signed state- ment in granting such permit that he, or a competent person designated by him for this purpose, has carefully investigated the conditions under which the application for such permit has been asked, and has found that in his judgment the earnings of such minor are necessary for such family to support such minor, and that in his judgment sufficient aid cannot be secured in anv other manner. [Amendment approved June 2, 1913; Stats. 1913, p. 3'65.] Also amended April 14, 1911 (Stats. 1911, p. 914). Kind of labor specified. Permits. § 5. No permit as specified in section 4 of this act shall be issued except upon written evidence that suitable work is waiting for such minor, and such permit shall specify the kind of labor. Permits issued under subdivision (2) of said section 4 shall in no case be issued for a longer period than shall seem necessary, nor for longer than six months, at the end of which period such superintendent shall see that such minor returns to school, unless a new permit to labor is issued. Such permit shall be kept on file by the person, firm or corporation employing the minor therein designated, during the term of said emploj'ment, and shall be given up to such minor upon his quitting such employment. Where such minor works for himself and not for others, such minor 1275 INFANTS. Act 1611, § 6 shall keep in his possession such permit. Such permit shall be issued on forms in accordance with this act, which shall be prepared and pro- vided by the commissioner of the bureau of labor statistics of the state of California. Such permit shall be subject to revocation at any time by such commissioner of the bureau of labor statistics, or by the au- thority issuing such permit, whenever such commissioner, or the author- ity issuing such permit shall find that the conditio-ns for the legal issuance of such permit do not exist. Such permit shall be always open to the inspection of the attendance and probation ofificers, or of the olficers of the state bureau of labor statistics. A duplicate copy of each permit to work granted under the provisions of this act shall be kept by the person issuing such permit, such copy to be filed with the super- intendent of schools of the city, or city and county, or county, as the ease may be; provided, that all copies of permits issued between .Tune 25th and December 25th of any year shall be filed not later than De- cember 31st of such year; and those issued between December 25th and June 25th of the ensuing year shall be filed net later than .Tune 30th of each year. Corresponding semi-annual reports of all such permits issued shall be made by such superintendents in such form as may be required by the commissioner of the bureau of labor statistics of the state of California. [Amendment approved June 2, 1913; Stats. 1913, p. 365.] Also amended April 14, 1911 (Stats. 1911, p. 914). Inspection of places of employment. Work during vacations. § 6. The attendance officer of any county, city and county, or school district in which any place of employment, in this act named, is situated, or the probation officer of such county, shall have the right and authority, at all times to enter into any such place of employment for the purpose of investigating violations of the provisions of this act, or violations of the provisions of an act entitled "An act to enforce the educational rights of children and providing penalties for the violation of the act," approved March 24, 1903, and any act amending or superseding the same; provided, however, that if such attendance or probation officer is denied entrance to such place of employment, any magistrate may, upon the filing of an affidavit by such attendance or probation officer setting forth the fact that he has a good cause to believe that the provisions of this act, or the act hereinbefore referred to, are being violated in such place of employment, issue an order directing such attendance or probation officer to enter said place of employment for the purpose of making such investigations; and provided, that any such minor over the age of twelve years may be employed at any of the occupations men- tioned in this act on the regular weekly school holidays, or during tho regular vacation of the public schools of the city, county, or city and countv, in which the place of employment is' situated, uj)on tho produc- tion Jf a permit signed by the principal, vice-principal of the school, or secretary of the board of school trustees or board of education of tho Act 1611, §§ 7-10 GENERAL LAWS. 1276 school which such minor is attendinjj, or has attended during the term next preceding any such vacation. Such permit shall contain the name and age of the minor to whom it is issued, and when issued for the regu- lar vacation, the date of the termination of the vacation for which it is issued, and in any case shall be kept on file by the employer during the period of employment, and at the termination of such employment shall be returned to the minor to whom it was issued. [Amendment approved June 2, 1913; Stats. 1913, p. 366.] Also amended April 14, 1911 (Stats. 1911, p. 915). Work during school bours. § 7. No minor who is under sixteen years of age shall be employed or permitted to work at any gainful occupation during the hours that the public schools of the city, town or school district in which his place of employment is situated are in session, unless he or she has completed the prescribed grammar school course, or unless he or she is a regular attend- ant for the then current term at a regularly conducted night school; provided, however, that if the bodily or mental condition of said minor is such as to render inadvisable attendance at school or application to study, a certificate from any licensed physician that said minor should not attend school shall be sufficient excuse for such nonattendanee. [Amendment approved June 2, 1913; Stats. 1913, p. 367.] Notice of hours of labor posted. § 8. Every person, firm or corporation employing minors under eighteen years of age, in any manufacturing establishment, shall post and keep posted, in a conspicuous place in every room where such minors are employed, a written or printed notice stating the number of hours per day for each dav of the week required of such minors. [Amendment approved June 2, 1913; Stats. 1913, p. 367.] Employer to keep record of minors employed. § 9. Every person, firm, or corporation, agent or officer of a firm or corporation, employing or permitting minors under sixteen and over fifteen years of age to work in any mercantile institution, office, laundry, manufacturing establishment, workshop, place of amusement, restaurant, hotel, apartment house, or in the distribution or transmission of mer- chandise or messages, shall keep a record of the names, ages, and places of residence of such minors, and shall have on file a certificate of age and schooling, as provided in this act, for every such minor so emploj'ed, said record and certificate to be open at all times to the inspection of the school attendance and probation officers of the city and county, city, or county, in which the place of employment is situated, or of the officers of the state bureau of labor statistics. [Amendment approved June 2, 1913; Stats. 1913, p. 367.] - Power to issue certificates. Proceedings in report. § 10. An age and schooling certificate shall be approved only by the superintendent of schools of the city or city and county, or by a person 1277 INFANTS. Act 1611, § 11 authorized by him in writing, or where there is no city or city and county sujjerintendent of schools, by a person authorized by the local school trus- tees; provided, that the superintendent or principal of any school of recognized standing shall have the right to approve an age and schooling certificate, and shall have the same rights and powers as the superin- tendent of public schools to issue the certificate herein provided for the children attending such schools. The person authorized to issue age and schooling certificates shall have the authority to administer the oaths necessary for carrying out the provisions of this act, but no fees shall be charged for issuing such certificates. An age and schooling certificate shall be issued only upon the written request of the prospective employer of such minor, which written request shall be filed by the person issuing the certificate. An age and schooling certificate shall not be approved unless satis- factory evidence is furnished by the last school census, the certificate of birth or baptism of such minor, the public register of birth of such minor, or in some other manner, that such minor is of the age stated in such certificate. A duplicate copy of each age and schooling certifi- cate granted under the provisions of this act shall be kept by the person issuing such certificate, such copy 'to be filed with the county superin- tendent of schools in the county where the certificate is issued; provided, that all such copies of certificates issued between June 25th and Decem- ber 25th of any year shall be filed not later than December 31st of such year; and those issued between December ;^5th and June 25th of the en- suing year, shall be filed not later than June 30th of each year. The county superintendent of schools of each county shall file with the com- missioner of the bureau of labor statistics, a report showing the number of age and schooling certificates issued to male and female minors and such other detailed information as the commissioner may require. Said report to be filed during the months of January and July of each year for the preceding six months, ending June 25th and December 25th of each year, and cover certificates issued during said periods and on file in the" otfice of the county superintendent of schools as described in this section. [Amendment approved June 2, 1913; Stats. 1913, p. 3G7.] Form of certificate. Sigiied by father. § 11, Age and schooling certificates shall be issued on forms which shall be prepared and provided by the commissioner of the bureau of labor statistics of the state of California, and shall be substantially in the following form, to wit: Age and schooling certificate. This certifies that I am the (father, mother, or guardian) of (name of the minor) and that (he or sho) was born at (name of the city or town), in the county of (name of county, if known), and state (or country) of (name) on the day (day aud year of birth), and is now (number of years and of months) old. 'Signature, as provided in this act. City or town, and date. Act 1611, § 12 GENERAL LAWS. 1278 There personally appeared before me the above named (name of per- son signing) and made oath that the following certificate by (him or her) signed is true to the best of (his or her) knowledge and belief. I hereby approve the foregoing certificate of (name of minor), height (feet and inches), complexion (fair or dark), hair (color), having no sufficient reason to doubt that (he or she) is of the age therein certified, and I herebj^ certify that (he or she) (has or has not) completed the prescribed grammar school course. Signature of the person authorized to sign, with his official character and authority. Town or city and date. This certificate belongs to the minor in whose behalf it is drawn and it shall be presented to (him or her) whenever (hd or she) leaves the services of the person, firm, or corporation holding the same. The certificate as to the birthplace and age of the minor under six- teen years of age shall be signed by his father, his mother, or his guardian; if a minor has no father, mother, or guardian living in the same city or town, his own signature to the certificate may be accepted by the person authorized to approve the same. Every person author- ized to sign the certificate prescribed tiy this act, who knowingly certifies to any false statement therein, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five nor more than fifty dollars, or by imprisonment not more than thirty days, or by both such fine and imprisonment. [Amendment approved June 2, 1913; Stats. 1913, p. 368.] Not to remain idle during school hours. § 12. No minor having a permit to work, as described in sections 3, 4, and 5 of this act, and no minor having an age and schooling certificate, as described in sections 9, 10 and 11 of this act, and no other minor under sixteen years of age, who would by law be required to attend school, shall, while the public schools are in session, be and remain idle and unemployed for a period longer than two weeks but must enroll and attend school; provided, that within one week after any minor hav- ing such a permit to work or such age and schooling certificate shall have ceased to be employed by any employer, such employer shall, in writing, giving the latest correct address of such minor known to such employer, notify the county superintendent of schools of such county, that such minor is no longer employed by such employer; and such county superintendent of schools, shall thereupon immediately notify the attend- ance officer having jurisdiction in the place of such minor's residence, giving the said latest known correct address of such minor, that such minor is neither at work nor in school; and provided, further, that no such minor shall be permitted to cease school attendance, without secur- ing a permit to work, or an age and schooling certificate as provided in this act. [Amendment approved June 2, 1913; Stats. 1913, p. 369.] 1279 INFANTS. Act 1611, §§ 13, 14 Penalty. Fines paid into school fund. § 13. Any person, firm, corporation, agent, or officer of a firm or cor- poration that violates or omits to comply with any of the foregoing pro- visions of this act, or that employs or suffers or permits any minor to be employed in violation thereof, is guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than fifty dollars or more than two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment, for each and every offense. A failure to produce any age and schooling certifi- cate or permit to work or to post any notice required by this act, shall be prima facie evidence of the illegal employment of any minor whose age and schooling certificate or permit to work is not produced, or whose name is not so posted. Any fine collected under the provisions of this act shall be paid into the school funds of the county, or city, or city and county in which the offense occurred; except such fine« imposed and col- lected as the result of prosecutions by the officers of the bureau of labor statistics. In such cases one half of the resultant fine or fines shall be paid into the state treasury and credited to the contingent fund of the bureau of labor statistics, and one-half paid into the school funds of the county, or city, or city and county in which the offense occurred. [Amendment approved June 2, 1913; Stats. 1913, p. 369.] Agricultural, etc., employment not prohibited. Theaters. § 14. Nothing in this act shall be construed to prohibit the employ- ment of minors at agricultural, horticultural, or viticultural, or domestic labor during the time the public schools are not in session, or during other than school hours. For the purpose of this act, horticultural shall be understood to include the curing and drying, but not the canning, of all varieties of fruit. Nor shall anything in this act be construed to prohibit any minor between the ages of fifteen and eighteen years, who is by any statute or statutes of the state of California, now or here- after in force, permitted to be employed as an actor, or actress, or i)er- former in a theater, or other place of amusement, previous to the hour of 10 o'clock P. M., in the presentation of a performance, play or drama, continuing from an earlier hour till after the hour of 10 o'clock P. M., from performing his or her part in such presentation as such employee between the hours of 10 and 12 o'clock P. M.; provided, the written con- sent of the commissioner of the bureau of labor statistics is first ob- tained. Nor shall anything in this act prevent, or be construed to pro- hibit, the employment of anv minor, whether resident or nonresident, in the presentation of a drama" or dramatic play with the written consent of the commissioner of the bureau of labor statistics, but no such con- sent shall be given .unless the officer giving it is satisfied that the en- vironment in which the drama or dramatic play is to be produced is a proper environment for the minor, and that the conditioPH of such em- ployment are not detrimental to the health of such minor, and that the minor's education will not be neglected or hampered by its participa- Acts 1623, 1624 general laws. 1280 tion in such drama or dramatic play, and every sucli written consent shall specify the name and age of the minor together with such other facts as may be necessary for the proper identification of such minor, and the dates when, and the theaters or other places of amusement in which, such dramas or dramatic plays are to be produced, and shall specify the dramas or dramatic plays in which the minor is permitted to participate, and every such consent shall be revocable at the will of the officer giving it. [Amendment approved June 2, 1913; Stats. 1913, p. 370.] Duty of labor commissioner. § 15. The bureau of labor statistics shall enforce the provisions of this act. The commissioner, his deputies and agents, shall have all the powers and authority of sheriffs or other peace officers, to make arrests for violations of the provisions of this act, and to serve any process or notice throughout the state. [Amendment approved June 2, 1913; Stats. 1913, p. 371.] Citations. App. 11/152. ACT 1623. An act to prohibit minors under the age of eighteen years to vend and sell goods, engage in, or conduct any business between the hours of 10 o'clock in the evening and 5 o'clock in the morning, and pro- viding penalties for violations thereof. [Approved May 1, 1911. Stats. 1911, p. 1341.] Unlawful for minor under eighteen to conduct business between 10 P. M. and 5 A. M. § 1. It shall be unlawful for any minor under the age of eighteen years to vend and sell goods, engage in, or conduct any business between the hours of 10 o'clock in the evening and 5 o'clock in the morning. Punishment for violation of statute. § 2. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and shall, upon conviction thereof, be pun- ished by a fine of not more than twenty dollars, or by imprisonment for not more than ten days, or by both such fine and imprisonment for each offense. TITLE 231a. INITIATIVE AND EEFERENDUM. ACT 1624. An act to provide for direct legislation by cities and towns, including initiative and referendum. [Approved January 2, 1912. Stats. Ex. Sess. 1911, p. 131.] 1281 INITIATIVE AND REFERENDUM. Act 1624, § 1 Direct legislation by municipal corporations. Initiative. Ordinance pro- posed by electors. Elections. Procedure. Submission of ordinance passed by legislative body. § 1. Ordinances may be enacted by and for any incorporated city or town of the state in the manner following: Any proposed ordinance may be submitted to the legislative body of such city or town by a petition filed with the clerk of such legislative body after being signed by quali- fied electors of the city or town not less in number than the percentages hereinafter required. The signatures to the petition need not all be ap- pended to one paper. Each signer shall add to his signature his place of residence and occupation, giving street and number, where such street and number, or either, exist, and if no street or number exist, then such a designation of the place of residence as will enable the location to be readily ascertained. Each such separate paper shall have attached there- to an afiidavit made by a qualified elector of the city or town, and sworn to before an officer competent to administer oaths, stating that the affiant circulated that particular paper and saw written the signatures appended thereto; and that according to the best information and belief of the affiant, each is the genuine signature of the person whose name purports to be thereunto subscribed, and of a qualified elector of the city or town. Within ten days from the date of filing such petition, the clerk shall examine, and from the records of registration, ascertain whether or not said petition is signed by the requisite number of qualified electors, and he shall attach to said petition his certificate showing the result of said examination. If by the clerk's certificate the petition is shown to be insufficient, it may be supplemented within ten days from the date of such certificate by the filing of additional papers, duplicates of the original petition except as to the names signed. The clerk shall, within ten days after such supplementing papers are filed, make like examination of the supplementing petition, and if his certificate shall show that all the names to such petition, including the supplemental papers, are still insufficient, no action on the petition shall be mandatory on the legislative body; but the petition shall remain on file as a public record; and the failure to secure sufficient names shall be without prejudice to the filing later of an entirely new petition to the same or similar effect. If the petition shall be found to be sufficient, the clerk shall submit the same to the legislative body at its next regular session. If the petition accompanying the proposed ordinance be signed by elec- tors not less in number than twenty per cent of the entire vote cast within such city or town for all candidates for governor of the state, at the last preceding general election at which such governor was voted for, and contains a request that such ordinance be submitted forthwith to a vote of the people at a special election, then the legislative body shall either: (a) Pass such ordinance without alteration at the regular session at which it is presented and within ten days after it is presented; or, 81 Act 1624, § 1 GENERAL LAWS. 1282 (b) Forthwith, the legislative body shall proceed to call a special election at which such ordinance, without alteration, shall be submitted to a vote of the electors of the city or town. If the petition be signed by electors not less in number than ten per cent of the entire vote cast for all such candidates for governor at the last preceding election when such candidates for governor were voted for, and the ordinance petitioned for is not required to be, or for any reason is not, submitted to the electors at a special election, and is not passed without change by said legislative body, then such ordinance, without alteration, shall be submitted by the legislative body to a vote of the electors at the next regular municipal election. The ballots used when voting upon said proposed ordinance shall have printed thereon the words "Shall the ordinance (stating the nature thereof) be adopted]" Opposite such proposition to be voted on, and to the right thereof, the words "Yes" and "No" shall be printed on separate lines, with voting squares. If an elector shall stamp a cross (X) in the voting square after the printed word "Yes," his vote shall be counted in favor of the adoption of the ordinance, and if he shall stamp a cross (X) in the voting square after the printed word "No," his vote shall be counted against the adoption of the same. If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the city or town, and be considered as adopted upon the date that the vote is can- vassed and declared by the canvassing board, and go into efifect ten days thereafter. Such ordinance shall have the same force and effect as one passed by the legislative body of the cit}' or town, except that no ordinance proposed by petition as in this section provided, and there- after passed by the vote of the legislative body of the city or town with- out submission to a vote of the people, or voted upon and adopted by the people, shall be repealed or amended except by a vote of the people, unless provision otherwise be made in the ordinance itself. Any number of proposed ordinances may be voted upon at the same election in accord- ance with the provisions of this statute; provided, that there shall not be held under this statute more than one special election in any period of six months. If any measure be submitted upon an initiative petition of registered voters, as hereinbefore provided, the persons filing said petition shall have the right, if they so choose, to present and file there- with a written argument in support thereof not exceeding three hundred words in length, which argument shall be printed upon the sample ballot issued for said election. Upon the same ballot shall also be printed any argument of not exceeding three hundred words in length in opposition thereto which may be prepared by the legislative body. If the provi- sions of two or more ordinances adopted at the same election conflict, then the ordinance receiving the highest number of affirmative votes shall control. The legislative body of the city or town may submit to the people, without a petition therefor, a proposition for the repeal of any adopted ordinance, or for amendments thereto, or for the enactment '11283 nsriTiATiVE and referendum. Act 1624, § 1 of any new ordinance, to be voted upon at any succeeding regular or special municipal city or town election, and if such proposition so sub- mitted receive a majority of the votes cast thereon at such election, such ordinance shall be repealed, amended or enacted accordingly. Whenever any ordinance or proposition is required by this statute to be submitted to the voters of a city or town at any election, the clerk of the legisla- tive body shall cause the ordinance or proposition to be printed and he shall mail a copy thereof, inclosed in an envelope with a sample ballot to each voter at least ten days prior to the election. All the provisions of this statute are to be liberally construed for the purpose of ascer- taining and enforcing the will of the electors. The enacting clause of an ordinance passed by the vote of the electors shall be substantially in the following form: "The people of the city (or town) of do ordain as follows:". When a special election is to be called under the terms of this section, it shall be held not less than thirty nor more than sixty days after the date of the presentation of the proposed ordinance to the legis- lative body, and shall be held as nearly as may be in accordance with the election laws of the state; provided, however, that, to avoid holding more than one such election within any six months, the date for holding such special election may be fixed later than sixty days, but at as early a date as practicable after the expiration of such six mouths; provided, further, that when under any of the terms of this statute fixing the time within which a special election shall be held it is made possible to hold the same within six months prior to a regular municipal election, the legislative body may in its discretion, submit the proposed ordinance at such regular election instead of at a special election. Except an ordi- nance calling or otherwise relating to an election, no ordinance passed by the legislative body of a city or town, except when otherwise specially required by the laws of the state, and except an ordinance for the im- mediate preservation of the public peace, health or safety, which con tains a declaration of, and the facts constituting its urgency and is passed by a four-fifths vote of the legislative body of a city or town, and no ordinance granting a franchise shall go into effect before thirty days from its final passage; and, if, during said thirty days, a petition, signed by qualified voters of the city or town equal to ten per cent of the entire vote cast therein for ail candidates for governor of the state at the last preceding general election at which a governor was voted for, protesting against the passage of such ordinance, be presented to the legislative bodv, the same shall thereupon be suspended from going into operation, and it shall be the duty of the legislative body to recon- sider such ordinance. If said legislative body shall thereupon not en- tirely repeal said ordinance, it shall submit the same to a vote of the electors either at a regular municipal election or a special election to be called for the purpose, and such ordinance shall not go into offect or become operative unless a majority of the voters voting upon the same shall vote in favor thereof. Such petitions and the i-rovisions of the law relative to the duty of the clerk in regard thereto and the man- Act 1628a general laws. 1284 ner of voting thereon, shall conform to the rules provided herein for the initiation of legislation by the electors. In cities or towns having a mayor (or like officer) with the veto power, the passage of an ordinance petitioned for by the electors, followed by its veto by the mayor (or like officer) and the failure of the legis- lative body to pass the same over such veto, shall be deemed and treated as a refusal of the legislative body to pass the ordinance, within the meaning of this statute; and a vote of the legislative body in favor of the repeal of an ordinance previously passed (but protested against by the electors as herein provided for) followed by a veto of such repeal by the mayor (or like officer) and the ^failure of the legislative body to pass said repeal over said veto, shall be deemed and treated as a refusal to repeal the ordinance so protested against. In such city or town the date of approval of an ordinance by the mayor or like officer (or of the expiration without his action thereon of the time within which he may veto the same, if such expiration of time for his action without his approval or veto has the effect of making the ordinance a law) shall be deemed the date of final passage of the ordinance by the legislative body, within the meaning of this statute. Any duty herein in terms, or by reasonable implication, imposed upon the legis- lative body in regard to calling an election, or in connection therewith, shall be likewise imposed upon any maj'or, or any other officer having any duty to perform connected with the elections, so far as may be necessary to fully carry out the provisions of this statute. Application of act to chartered cities. § 2. This act is not intended to apply to those cities having a free- holders' charter adopted and ratified under the provisions of section S of article 11 of the constitution, and having in such charter provision for the direct initiation of ordinances by the electors. Repeal of former law. § 3. Sections 2 and 3 of the act approved March 14, 1911, entitled "An act adding three new sections to an act entitled 'An act to pro- vide for the organization, incorporation and government of municipal corporations,' approved March 13, 1883, to be numbered 10, 11 and 12 and relating to the government of municipal corporations and providing for the recall, initiative and referendum," are hereby repealed. TITLE 232. INSANE. ACT 1628a> An act appropriating money for building and furnishing a cottage for female working patients at Agnews State Hospital. [Approved June 7, 1913. Stats. 1913, p. 857.] 1285 INSANE. Act 1637c, §§ 1-5 Appropriation, Cottage for female working patients, Agnews. § 1. The sum of sixty thousand dollars or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not othervvise appropriated, to be used in accordance with law for building aod furnishing a cottage for female working patients at the Agnews State Hospital Not more than the sum of seventy-five hundred dollars of the amount herein appropriated shall be used for furnishing said building. ACT 1637c. An act to provide for the establishment of a state hospital for the insane and providing for commitment thereto and management thereof, and making an appropriation therefor. [Approved June 7, 1913. Stats. 1913, p. 884.] Hospital for insane established in southern California. § 1. A state hospital shall be established in southern California, preferably near to the seacoast, for the care of the insane. Commission created for building. § 2. A commission composed of the governor, lieutenant-governor, state engineer, the general superintendent of the state hospitals, and a member of the Psychopathic Association of California, to be appointed by the governor, is hereby created and is hereby authorized to select and purchase a suitable site, accept the plans and direct the engineering department to erect the necessary buildings as and for a hospital for insane persons. Commitments. § 3. Upon the completion of such state hospital, insane persons may be committed or admitted thereto in the manner provided by law for the commitment of insane persons, and for the admission of insane per- sons, under special agreements, to state hosj)itals for the insane. Management as provided by law. § 4. Upon the adoption of plans as herein provided for such institu- tion, the commission herein created shall cease to exist and the control and management of said institution as a hospital for the insane shall be continued as and in the manner provided by law for the control, man- agement and operation of state hospitals for the care of the insane. Title to land and water rights. § 5. Title to land and water rights thereunto appertaining arqnirod in pursuance of this act shall be approved by the attorney general and shall be taken in the name of the state of California. The deeds there- for shall be filed with the secretary oi state. Acts 1667-1672b general laws. 1286 Appropriation. S 6. There is hereby appropriated from the funds of the state not otherwise appropriated the sum of two hundred and fifty thousand dol- lars to be used for the purchase of a site together with water rights for said hospital and the erection and equipment of buildings and im- provements thereon. Not more than ninety thousand dollars of the money herein appropriated shall be used for the purchase of said site and water rights. Said site shall contain not less than three hundred acres of tillable land. TITLE 235. INSURANCE. ACT 1667. To provide for the organization and management of county fire insur- ance companies. [Stats. 1897, p. 439.] Amended 1907, p. 941; 1909, p. 912; 1911, p. 1339. The amendment of 1911 is as follows: Irisuring outside county and in municipalities. § 10. No such company shall insure any property beyond the limits of the county wherein the said company is organized, except that a com- pany may insure in any county next adjoining the county wherein such company is organized. Nor shall any such company issue policies on property situated within the corporate limits of any city or town in excess of four thousand five hundred dollars on any one risk, under one or more policies. No adjoin- ing risks can be taken by such company unless a clear space of at least one hundred and fifty feet intervenes, and such intervening space must continue at not less than one hundred feet during the life of the policy. Nor shall any risk be taken on any building closer than one hundred feet to any business property; provided, the amount of the insurance shall not exceed seventy-five per cent of the value of the property, and no additional insurance shall be allowed. [Amendment approved May 1, 1911; Stats. 1911, p. 1339.] ACT 1672. An act providing for the organization and management of mutual fire insurance companies. [Approved March 19, 1907. Stats. 1907, p. 631.] Repealed 1911, p. 1342. See next act. ACT 1672b. An act providing for the organization and management of mutual fire insurance corporations and associations and defining the same, and regulating the transaction of the business of mutual fire insurance 1287 INSURANCE. Act 1672b, §§ 1-5 in the state of Ca]ifornia, and repealing an act entitled "An act pro- viding for the organization and management of mutual fire insurance companies," approved March 19, 1907. [Approved May 1, 1911. Stats. 1911, p. 1342.] Mutual fire insurance corporations. § 1. Private corporations or associations may be formed for a term to be stated in their articles not exceeding fifty years for the purpose of insuring the property of their members against loss or damage by fire in accordance with this act, and not otherwise. Trustees to adopt by-laws. § 2. The trustees or directors of any corporation or association shall adopt such by-laws not in conflict with the laws of this state, as they may deem proper for the government of its affairs and the conduct of its business. Such by-laws shall provide for the liability of its members in accordance with the provisions of this act. Each member liable. § 3. Each person or partnership or corporation accepting a policy in any such mutual insurance corporation or association shall thereby be- come a member of such corporation or association and shall be liable for his proportionate share of losses and operating expenses as hereinafter provided. No policy issued until five hundred thousand dollars is subscribed for. § 4. No policy shall be issued by any such corporation or association until not less than five hundred thousand (500,000) dollars of insurance in not less than five hundred separate risks have been subscribed for and are entered upon its books, nor until it has collected from insurance premiums, and then has on hand not less than ten thousand (10,000) dollars in cash over and above all liabilities other than reinsurance reserve as specified in section 13 of this act, and also contingent funds consisting of the liability of its members liable to assessment, in addi- tion to cash premiums collected, amounting to not less than fifty thousand (50,000) dollars, such liability to be shown in the signed applications of its members. Limit of expenses. § 5. The expenses, including commissions and fees to agents and om- cers of any calendar year, of any such corporation or association organ- ized or operating under this act shall be limited to thirty per cent of what is left of the gross premiums actually received during that year, after deducting from such premiums the return premiums and reinsuranco paid out by or for which the corporation or association has become liable during the vear. A violation of this provision shall render the oflicer» and directors and all persons having similar powers jointly and si'verally liable to such company for any amount used for expenses in excess of Act 1672b, §§ 6, 7 general laws. 1288 the amount provided for in this section. In the event that such com- pany fails or refuses to recover such moneys so paid, the insurance commissioner may sue for and recover the same from any one or all of the officers or directors and all persons having similar powers of such company for the benefit of its policy-holders. No officer or other person whose duty it is to determine the character of the risks, and upon whose decision the application shall be accepted or rejected by such corpora- tion shall receive as any part of his compensation a commission upon the premiums, but his compensation shall be a fixed salary and such share of the net profits as the directors, and all persons having similar powers may determine. Policies not to exceed term of five years and amount of twenty-five hun- dred dollars. § 6, Such corporation or association may issue policies for a term not exceeding five years; provided, the term of any policy does not exceed the time limited for the existence of the charter or articles of associa- tion. No policy or policies shall be for an amount in excess of twenty- five hundred (2500) dollars on any one risk, unless protected by reinsur- ance in companies having sufficient assets and surplus to entitle such companies to be permitted to do business in the state of California; pro- vided, however, that one thousand (1000) dollars additional insurance may be written on any one risk for each million dollars of total insur- ance outstanding on the books of the corporation or association in excess of one million dollars; provided, further, that two or more buildings situated in the same city block, or separated by less than one hundred feet shall be deemed to be one risk. Mutual corporation to file statement with insurance commissioner. § 7. Any mutual fire insurance corporation or association without subscribed capital or guarantee fund organized under the laws of some other state desiring to transact business in this state shall file with the insurance commissioner its last financial statement, showing its condition on December 31st, next preceding the date of its application for admis- sion, signed by its president and secretary under oath, and showing that it is possessed of cash assets of not less than two hundred thousand (200,000) dollars, of which not less than fifty thousand (50.000) dollars shall be net cash surplus over and above all liabilities, including its reinsurance reserve as provided in section 13 of this act. Also a certifi- cate from the insurance commissioner of the state in which said cor- poration or association is incorporated, certifying that in the judgment of the state insurance commissioner the statement is correct and that the corporation or association is possessed of two hundred thousand (200,000) dollars cash assets,' of which not less than fifty thousand (50,000) dollars is such net cash surplus. The insurance commissioner of this state upon receipt and examination of such statement and certifi- cate and upon satisfying himself of the correctness thereof and of 1289 INSURANCE. Act 1672b, §§ 8-10 compliance with the law of this state applicable as shown by this act shall issue to such corporation or association a certificate of authority granting it full power to transact business under this act. Policy-holders liable for assessment. § 8. Each poliey-holder shall be liable to pay his proportionate share of any assessment which may be levied by any such corporation or asso- ciation and in accordance witJi the law and his contract, on account of losses and expenses incurred while he is a member. Any such corporation or association shall charge and collect upon its policies the full premium in cash, and may, in its by-laws, fix the liability of its members for the payment of the losses and expenses not provided for by its cash funds; provided, that the liability of a member to assessment shall not be less than the amount of one annual preiuium in addition to the annual cash premium of his policy. Provided, however, that corporations or associations which have accumulated, in the regular course of the busi- ness, cash assets of not less than two hundred thousand (200,000) dollars of which not less than fifty thousand (50,000) dollars is net cash surplus over and above all the- requirements of section 13 of this act shall have power, while in that condition, to adopt by-laws limiting the liability of its policy-holders for loss or damage by fire to any amount it may desire to specify in its policies, and the power to issue policies with such limitation of liability to continue only during the time such corporation or association is in such financial condition; provided, further, that every such corporation or association must print upon its policies such by-laws or mutual conditions as will define the liability of a policy-holder. Assessments to pay losses and expenses. § 9. Whenever such corporation or association is not possessed of cash funds above its reinsurance reserve fund and all other liabilities sufficient for the payment of accrued losses it shall make an asscssiiiiTit for the amount needed to pay such losses and expenses, upon its meinbcrs liable to assessment therefor in proportion to their several liabilities. The corporation or association shall cause to be recorded in a book kept for that purpose the order of such assessment, together with a statement which shall set forth the condition of the corporation or association at the date of the order, the amount of its cash assets and contingent funds liable to assessment and the amount of the assessment called for. Such record shall be made and signed by the directors or other persons who voted for the order, before any part of the assessment is collected, and any person liable to assessment may inspect and take a copy of tlio same. Members may withdraw. § 10. Any member of any such corporation or association may with- draw at any time by surrendering his policy or certificate of insurance to the corporation or association and giving thirty days' written notice of his intention to withdraw and by paying his share of all losaea which Act 1672b, §§ 11-14 GENERAL LAWS. 1290 shall have accrued by the end of the time specified in the notice, and of all losses arising out of fires occurring theretofore and all losses occurring within thirty days after the service of such notice and all assessments levied in whole or in part to meet such losses, and all assess- ments due, accrued or pending at the time of the cancellation of his policy, but the corporation or association maj' retain the customary short rate for the expired time; provided, also, that the corporation shall have power to cancel or determine any policy by giving the insured five days' written notice to that effect, and returning to the insured his pro rata of the unearned premium. Dividends. § 11. No corporation or association formed under this act may make any dividend except from profits in hand, after retaining unimpaired a cash surplus of fifty thousand (50,000) dollars over and above all liabilities including reinsurance reserve and shall thereafter retain not less than five per cent per annum of all profits available for dividends until the sum of two hundred thousand dollars ($200,000) net cash surplus has been accumulated. Such cash surplus shall be invested in the manner provided for in subdivisions 1, 2, 3 and 4 of section 421 of the Civil Code of the state of California as that section was amended by act approved March 22, 1907. Annual statement. § 12. Any corporation or association organized or operating under this act shall file with the insurance commissioner on or before the first day of March of each year, its financial statement exhibiting its condi- tion on the thirty-first day of December next preceding. Such statement shall be made as provided for in the blanks furnished by the insurance department. When company is insolvent. § 13. Whenever the liabilities of any corporation or association oper- ating under this act for losses reported, expenses, taxes, reinsurance reserve upon all unexpired fire risks running one year or less from date of policy at fifty (.50) per cent, and upon all unexpired fire risks running more than one year from date of policy to be estimated pro rata, are greater than its admitted cash assets, or whenever the available re- sources of any company are less than the requirements under section 4 of this act, then such company or association is insolvent. Sections of codes applicable. § 14. The general provisions applicable to all corporations as ex- pressed in part 4, di^'ision 1 of the Civil Code of the state of California and all provisions contained in sections 595. 596, 596a. 597, 598, 599. 60.S, 604, 605, 606, 607, 608, 609, 610, 611, 612, 615, 616, 617, 618, 619, 620, 621, 622, 623, 627. 6.31. 631a. 632, 633, 634a, 634b of the Political Code of the state of California, and sections 435 and 439 of the Penal Code of the 1291 INSURANCE. Act 1672c, §§ 1, 2 state of California, and section 388 of the Code of Civil Procedure of the state of California, also section 415 of the Civil Code of the state of California, and all other laws of the state relating to fire insurance in so far as any section or law herein referred to is not inconsistent with or in conflict with the provisions of this act, are hereby made to apply to all corporations or associations operating under this act; pro- vided, nothing herein shall relieve such corporations or associations from full compliance with the provisions of section 14 of article 13 of the constitution of the state of California and of all statutes enacted in aid thereof. Not applicable. § 15. This act shall not apply to contracts made between persons, firms and corporations of this state, and others of this state and other states for the protection of their own property under the plan known as reciprocal or inter-insurance, nor to unincorporated inter-indemnity compacts. County fire insurance companies. § 16. Nothing in this act sh"ll be construed to restrict or affect the provisions of "An act to provide for the organization and management of county fire insurance companies," approved April 1, 1897. Repeal. § 17. That certain act of the legislature of the state of California, entitled "An act providing for the organization and management of mutual fire insurance companies" (ax>proved March 19, 1907), is hereby repealed. ACT 1672c. An act defining certain classes of contracts for the exchange of indem- nity, prescribing regulations therefor and fixing a license fee. [Approved December 24, 1911. Stats. Ex. Scss. 1911, p. 111.] Reciprocal or inter-insurance; contracts for exchange of indemnity au- thorized; limitation. § 1. Individuals, partnerships or corporations may exchange recip- rocal or inter-insurance contracts providing indemnity amopg each other from loss or from other damages in accordance with the following pro- visions of this act; provided, that no individual, partnership or corpora- tion thus exchanging indemnity shall assume on any single risk an amount greater than ten per cent of the net financial rating of such in- dividual, partnership or corporation; such financial rating to be shown by the reports of a commercial agency having at least one hundred thousand members. Representative to be appointed and certificate filed with insurance com- missioner. § 2. Such individuals, partnerships or corporationg so contracting among themselves shall have the power to appoint an attorney, agent or Act 1672c, § 2 GENERAL LAWS. 1292 other representative and shall, through their attorney, agent or other representative, file with the insurance commissioner of this state a cer- tificate in writing, verified by the oath of said attorney, agent or other representative, setting forth: (a) The name or title by which said individuals, partnerships or cor- porations intending to make such contracts shall be known. The in- surance commissioner may reject any name or title so submitted when the same is an interference with or too similar to one already appro- priated or likely to mislead the public in any respect and, in such case, a name not liable to such objection must be chosen. (b) A verified copy of the form of policy, contract or agreement under or by which such indemnity is to be exchanged. (c) A verified copy of the form of power of attorney or other au- thority of any said attorney, agent or other representative setting forth the character of such representation and the authority of such represen- tative. (d) The location of the oiBce or ofiices through which said policies, contracts or agreements are to be issued. (e) Such attorney in fact shall also file a stipulation or agreement in writing that any notice provided by law or by any insurance policy, proof of loss, summons or other process may be served upon the attorney in fact or upon the insurance commissioner of the state of California, in all actions or in other legal proceedings against such individuals, partner- ships or corporations thus exchanging indemnity under the provisions of section 1 of this act. All notices, proofs of loss, summons or other legal process so served shall give jurisdiction over the person of such individuals, partnerships or corporations thus exchanging indemnity. \Yhpnevcr such service of notice, proofs of loss, summons or other process shall be made upon the insurance commissioner, he must within ten days thereafter, transmit by mail, postage paid, a copy of such notice, proof of loss, or summons, or other process to the attorney in fact so appointed by such individuals, partnerships or corporations so contracting among themselves and shall be addressed to such attorney in fact to the home or principal office through which such policies are to be issued. The sending of such copy by the insurance commissioner shall be a necessary part of the service of the notice, proof of loss, summons or other process. When any notice, summons or other legal process is served upon the in- surance commissioner pursuant to the provisions of this section, the service as to such individuals, partnership, or corporations thus exchanging indemnity shall be deemed complete at the end of sixty daj-s after the date of the mailing of such copy of such notice, proof of loss, summons or other legal process to the attorney in fact as herein provided for. (f) The attorney, agent or other representative shall, whenever and as often as the same shall be requested file with the insurance com- missioner a statement verified by his oath to the effect that he has ex- amined the commercial rating of the individuals, partnerships or cor- porations, composing the subscribers in such reciprocal or inter-insurance 1293 INSURANCE. Act 1672c, §§ 3-5 exchange as shown by the commercial agency having at least one hun- dred thousand subscribers and that, for such examination, it appears that no subscriber of such exchange has assumed on any single risk an amount of liability greater than ten per cent of the net financial rat- ing of such subscriber when such risk was assumed. (g) There shall also be filed with the insurance commissioner by any said attorney, agent or other representative, a written stipulation to the effect that all insurance written by him upon risks situated within this state shall be deemed to be business done in this state and within the terms and subject as to taxation to the provisions of section 14 of article 13 of the constitution of this state. Certificate of authority to do business. § 3. The agent, attorney or other representative by or through whom are issued or negotiated any policies of or contracts or agreements for any insurance or indemnity of the character referred to in section 1 of this act shall procure from the insurance commissioner a certificate of authority stating that all the requirements of this act have been com- plied with and upon such compliance and the payment of a fee of fifty dollars the insurance commissioner shall issue such certificate. Such certificate must be renewed annually, for which a fee of ten dollars shall be paid. Any such certificate so issued as above may be revoked or suspended by the insurance commissioner if any such individuals, partner- ships or corporations exchanging indemnity under the provisions of this act fail to comply with any or all of the requirements of this act. Annual report to insurance conunissioner. § 4. The attorney in fact of such individuals, partnerships or cor- porations composing such reciprocal or inter-insurance exchange shall file with the insurance commissioner of this state, on or before the first of March of each year, upon forms to be prepared by the insurance commissioner, a statement which must exhibit the condition and affairs of such exchange on the 31st day of December then next preceding. Examination by insurance commissioner, § 5. The insurance commissioner, whenever he deems necessary, must make an examination of the condition and affairs relating to the ex- change of indemnity of such individuals, partnerships or corporations composing such reciprocal or inter-insurance exchange and must make such an examination before issuing its original certificate of authority to do business in this state; or where the home office of the int^or- insurance or reciprocal exchange is located outside of the state of i-ai- ifornia, and when such inter-insurance or reciprocal exchange is licenseM bv the insurance commissioner or department of the state w'hcre siicn home office is located, the insurance commissioner shall accept an satis- factory a certificate of compliance issued by the insurance commissioner or department of the state where said home office is located Hiich ex- amination shall verify the certificate and statement filed by the attorney Act 1672c, §§ 6-8 general laws. 1294 in fact. Such exchange must open its books and papers for the inspec- tion of the insurance commissioner and shall otherwise facilitate such examination and the commissioner may administer oaths and examine under oath any person relative to the contracts of such exchange, and if he finds the books to have been carelessly or improperly kept or posted he must employ sworn experts to rewrite, post and balance the same at the expense of such individuals, partnerships or corporations com- posing such reciprocal or inter-insurance exchange. Such examination must be conducted in the county where such individuals, partnerships or corporations composing such reciprocal or inter-insurance exchange has its principal office and must be private. Whenever the commissioner shall make such examination as aforesaid the same must be at the expense of the individuals, partnerships and corporations composing such reciprocal or inter-insurance exchange; such expense to be paid in ad- vance, and in the event or refusal to pay such expenses the insurance commissioner may refuse to issue any such certificate of authority and must revoke any existing certificate of authority authorizing such in- dividuals, partnerships and corporations composing such reciprocal or inter-insurance exchange to execute such contracts of indemnity. Certain companies exempt. § 6. Unincorporated inter-indemnity companies who do not issue pol- icies of insurance, who do not charge expenses of management except in liquidation of losses, nor accept premiums from its members shall be exem,pt from the provisions of this act. Policies or contracts of unauthorized exchanges void; exceptions. § 7. All policies and insurance contracts or contracts of indemnity upon a risk or risks situated in the state of California, held by an in- dividual, partnership or corporation as a subscriber of any reciprocal or intcr-insurance exchange which exchange is not authorized to do business in the state of California shall be null and void; provided, that any in- surance agreement or agreement for indemnity on goods between states or territory and states or to from a foreign country or the property of common carriers used by such common carriers in the transaction of interstate commerce or commerce with foreign countries, shall be deemed not void. Taxation. § 8. For the purpose of taxation under the provisions of section 14 of article 13 of the constitution of the state of California all contracts of indemnity upon risks located in this state between individuals, part- nerships and corporations under the provisions of this act shall be deemed to be contracts of insurance upon business done in this state under and subject to the provisions of such section 14, article 13, of the constitution of the state of California. 1295 INSURANCE. Acts 1672d-1672t' Exemption from other laws. § 9. Individuals, partnerships and corporations exchanging reciprocal or inter-insurance and contracts providing indemnity among each other shall be exempt from the provisions of other insurance laws of this state. ACT 1672d. An act defining certain classes of contracts for the exchange of indem- nity, prescribing regulations therefor and fixing a license fee. [Approved May 1, 1911. Stats. 1911, p. 1279.] Probably superseded by the act of December 24, 1911; Stats. Ex. Sess. 1911, p. 111. See ante. Act 1672c. ACT 16726. An act appropriating moneys to the use of the state compensation insurance fund. [Approved May 26, 1913. Stats. 1913, p. 326.] Appropriation. Compensation insurance fund. § 1. The sum of one hundred thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, to be credited to the "state compensation insurance fund" and to be used by the industrial accident commission in the manner authorized by law for the use of said fund. § 2. The state controller and the state treasurer are hereby author- ized and directed to transfer ^aid sum of one hundred thousand dollars from the general fund of the state to the "state compensation insurance fund." ACT 1672f. An act prohibiting the borrowing of money from an insurance company by an officer of such company. [Approved June 6, 1913. Stats. 1913, p. 468.] Officers prohibited from borrowing from insurance funds. § 1. No oflScer of any insurance company shall directly or indirectly, for himself or as a partner or agent for others, borrow any of the funds of such insurance company; provided, however, that the provisions of this act shall not be construed to prevent the borrowing by any insured upon the security of policies of insurance in accordance with their terms, nor prevent agents of life insurance companies from receiving advances under their agency contracts. Penalty. , , . § 2. Any officer who acts in violation of the provisions of this act shall be guilty of a misdemeanor. Acts 1672g, 1672h general laws. 1296 ACT 1672g. An act to provide for a notice to be printed on the cover of the policies of all insurance companies, associations or societies relating to future assessments. [Approved June 6, 1913. Stats. 1913, p. 674.] Notice on policies liable for assessments. § 1. Every insurance policy issued in this state under the terms of which the insured named in such policy is liable in any event to pay an assessment in addition to the premium stated in the policy, shall have conspicuously printed upon the back or the outside cover thereof, under the name of the corporation, association, society or persons issu- ing the same, in plain type, the words: "Notice; under the terms of this policy insured is liable for future assessments." Provided, however, that the provisions of this section shall not apply to any policy of a mutual fire insurance company. Peilalty. § 2. On a violation of the provisions of this act by any insurance company, association or society, the insurance commissioner shall forth- with revoke the certificate of authority of such company, association or society, for a period of not less than one year. ACT 1672h. An act providing for the organization and management of mutual work- men's compensation insurance companies and defining the same and regulating the transaction of the business of mutual workmen's com- pensation insurance in the state of California. [Approved May 26, 1913. Stats. 1913, p. 321.] "Compensation." "Employer." "Employee." § 1. The term "compensation" as used in this act shall mean and include any liability imposed upon any or all employers of labor to compensate their employees and the dependents of such employees for any injury sustained by the said employees by accident arising out of and in the course of their employment irrespective of the fault of either party. The term "employer" as used in this act shall be construed to mean: Every person, firm, voluntary association and private corporation, (including any public service corporation) who has any person in ser- vice under any appointment or contract of hire or apprenticeship, ex- press or implied, oral or written, and the legal representatives of any deceased employer. The term "employee" as used in this act shall be construed to mean: Every person in the service of an employer as de- fined by this act under any appointment or contract of hire or appren- ticeship, express or implied, oral or written, including aliens and also including minors. 1297 INSURANCE. Act 1672h, §§ 2-5 Compensation associations. § 2. (a) Mutual associations of any number of employers, not less than five, may, subject to the approval of the insurance 'commissioner, be formed by incorporating under the laws of this state, for the purpose of insuring their members against liability for compensation and insuring to the employees of such members the payment of such compensation. (b) It shall be wfthin the power of the insurance commissioner to limit the membership of any such mutual association to those employers engaged in the same general character of industry or to employers within a limited part of the state, whenever in his judgment such limitation shall be required for the protection of the members of such association or persons insured. Articles of incorporation. § 3. Before the articles of incorporation shall be filed, a copy thereof shall be submitted for the approval of the insurance commissioner. Such articles shall set forth: First — The names of the employers entering into such association, their places of residence, the nature of the business in which they are engaged and the number of persons employed bj' each. Second — The name by which such association shall be known, which name shall include the word "mutual," and, if the liability of members is limited, the words "limited mutual." Third — The period for which such association is incorporated, which shall not exceed fifty years. Fourth — The number of directors, which shall not be less than five (5) nor more than eleven (11), and the names and residences of the directors for the first year. Fifth — The location of the principal place of business, which shall be in this state. Such articles must be executed, acknowledged, and filed as provided by law for the formation of other corporations. By-laws. § 4. The members of any company organized under this act shall have power to make such by-laws, not inconsistent with the constitution and laws of this state, as may be deemed necessary for the government of its officers and members, for the admission of new members, for the assessment and collection of premiums and assessments and in general for the proper conduct of its affairs. Such by-laws shall not be cfTectivo until a copy thereof has been filed with the insurance commissioner and approved by him. Employer's liability. § 5. Every employer accepting a policy in any company organized under this act shall thereby become a member of such company and 82 Act 16721l,§§ 6-11 GENERAL LxUVS. 1298 shall become liable for his proportionate share of losses and operating expenses as hereinafter provided. When policies may be issued. § 6. No policy shall be issued by an}' company organized under this act until subscriptions for insurance have been received from at least one hundred employers having an annual pay-roll of at least five hundred thousand dollars, or having in their employment at least one thousand employees, nor until an amount in cash shall be in hand over and above all liabilities other than the unearned premium reserve of not less than fifteen thousand dollars and in any event not less than one full annual premium upon each risk. If at any time the number of employers insured shall fall below one hundred or if the annual pay- roll of said employers shall fall below five hundred thousand dollars and the number of their said employees shall fall below one thousand then no further policies shall be issued until subscriptions have been received sufficient to comply with the requirements of this section. Premiums. § 7. No single risk shall be insured by any company organized under this act upon which the premium charged is more than two per cent of the premiums charged upon all the policies that the company has in force. Established rate. § 8. After a compensation insurance rate shall have been established by the state workmen's compensation insurance rating bureau no mutual company organized under this act shall charge a lesser rate upon any risk than the gross bureau rates applicable thereto. Members' liability for excess loss. § 9. Every company organized under this act shall in its by-laws and policies fix the contingent mutual liability of its members for the payment of losses in excess of its available cash funds; but such con- tingent liability shall not be less than an amount equal to one annual premium in addition to the annual premium charged. Companies subject to law. § 10. Every company organized under this act shall be subject to all the general provisions of the law relative to other insurance com- panies and also to the general provisions of law applicable to all other corporations in so far as such provisions are not inconsistent or in con- flict with the provisions of this act. Assessment to pay losses. § 11. If any company organized under this act is not possessed of cash funds above its unearned premium reserve and claims reserve and other liabilities sufficient for the payment of incurred losses and ex- 1299 INSURANCE. Act 1672h, §§ 12-15 penses it shall make an assessment for the amount needed to pay such losses and expenses upon its members liable to assessment therefor in proportion to their several liabilities. The company shall cause to be recorded in a book kept for that purpose the order for such assessment and the amount of the assessment called for, together with a statement setting forth the condition of the company at the date of the order, the amount of its cash assets and contingent funds. Such record shall be made and signed by the directors or other persons who voted for the order and approved by the insurance commissioner before any part of the assessment is collected and any person liable to assessment may inspect and take a copy of the same. Surplus fund. Dividends. § 12. The directors of every such mutual company shall each year set aside as a surplus an amount equal to at least twenty-five per cent of all available profits until such surplus shall be an amount not less than the amount of all premiums charged upon all insurance in force after deducting therefrom the amount of premiums charged for any risks which have been reinsured in other insurance carriers. After set- ting aside the amount of profits required to be set aside by this section as a surplus fund, the directors of every such mutual association, at such times as their by-laws provide, must make, declare and pay to their members dividends of so much of the additional available profits accrued from the bus'iness of the association and interest on moneys invested as to them appears advisable; provided, however, that no such dividend shall be declared or paid unless there is then on hand a surplus of not less than fifteen thousand dollars and equal to at least twenty-five per cent of all premiums charged upon all insurance in force after deducting therefrom the amount of premiums charged for any risks which may have been reinsured in other insurance carriers. Approval of insurance commissioner. § 13. No assessment shall be levied and no dividend shall be de- clared until such assessment or such dividend has been approved by the insurance commissioner. Investment of funds. § 14. The funds of any company organized under this act shall bo invested in the manner allowed for "the investment of th.« fmi.ls of nther insurance companies. Limitation of expenses. § 15. The expenses for any calendar year of any company organized under this act, including commissions and fees to agc-nts and officiTfi but not including expenses incurred for the prevention of injuries, .shall be limited to thirtv per cent of the gross premiums actually received during that year. A violation of this provision shall render the ofTicers and directors and all persons having similar powers jointly and acverally Act 1672h, §§ 16-20 general laws. 1300 liable to such company for any amount used for expenses in excess of the amount provided for in this section. In the event that such com- pany fails or refuses to recover such moneys so paid the insurance com- missioner may sue for and recover the same from any one or all of the officers or directors and all persons having similar powers of such com- pany for the benefit of its members. No officer or other person, whose duty it is to determine the character of the risks, and to decide what applications shall be accepted and what applications shall be rejected by such company, shall receive as any part of his compensation a commis- sion upon the premiums, but his compensation shall be a fixed salary and such share of the net profits as the directors or trustees may de- termine. When insolvent. § 16. Whenever the liabilities of any company organized under this act for losses reported, expenses, taxes, unearned premium reserve and claims reserve are greater than its admitted cash assets then such com- pany is insolvent. Annual statement. § 17. Every company organized under this act shall file with the insurance commissioner on or before the" first day of March of each year, its financial statement exhibiting its condition on the thirty-first day of December next preceding. Such statement shall be made as pro- vided for in the blanks furnished by the insurance department. Rules for prevention of injury. § 18. The directors of any company organized under this act shall make and enforce reasonable rules and regulations for the prevention of injuries on the premises of members and for this purpose the in- spectors of the company shall have free access to all such premises during regular working hours. Any employer or employee aggrieved by any such rule or regulation may petition the industrial accident com- mission for a review, and it may affirm, amend or annul the rule or regulation. Wages accounts. § 19. Auditors, inspectors and other agents of the company shall have free access to the wages accounts and pay-rolls of members for the purpose of verifying pay-rolls. Notice of withdrawal. § 20. Any member of any company organized under this act may withdraw at any time by giving thirty days' written notice of his inten- tion to withdraw and surrendering his policy; provided, however, that he shall discharge all his obligations to the company at the time of his withdrawal. The termination of such insurance shall not act to release the member withdrawing from liability for the payment of his assigned 1301 INTOXICATING LIQUORS. Acts 1685-1696 share of all assessments then or thereafter made to make up deficiencies due to accidents happening while he was insured in such company. The premium for such surrendered policy shall be returned to the member withdrawing less the customary short term premium for a time during which the policy was in force. The company shall have power to cancel or determine any policy by giving the insured five days' written notice to that effect and returning to the insured his pro rata part of the premium. Amendment of by-laws. § 21. Any company organized under this act shall have power to amend its articles of association and by-laws at its regular annual meet- ing or at special meetings called and held as provided in its by-laws, but said amendments shall, before they become operative, be approved and filed in the same manner as the original articles and by-laws. May own property. § 22. Any company organized under this act shall have power to own, hold and acquire such real and personal property as shall be necessary for the transaction of its business. May sue. § 23. Any company organized under this act may sue and be sued in any court of law or equity, with the same rights and obligations as a natural person, and in addition to the powers hereinbefore enumerated, shall possess and exercise all such rights and powers as are necessarily incidental to the exercise of the powers as expressly granted herein. Not applicable to contracts. § 24. This act shall not apply to contracts made between persons, firms or corporations of this state, and others of this state and other states for the protection of their own property under the plan known as reciprocal insurance or inter-insurance, nor to unincorporated intcr- indemnity compacts, TITLE 238. INTOXICATING LIQUORS. ACT 1685. Citations. (Act of 1873-74, p. 509, referred to in note.) Col. 157/700, 701, 702. ACT 1695. Citations. Cal. 157/163. ACT 1696. An act to provide for the regulation nf the trafTic in alcoholic Ijcinors by establishing local option; autliorizing the filing of j.etitions prayiiiR for elections to vote upon the question whether the sale of alcoholic Act 1696, S§ 1-3 GENERAL LAWS. 1302 liquors shall be licensed within the territory described in such peti- tions; providing for the calling and holding of such elections; making it the duty of the proper governing body to declare such territory to be no-license territory unless a majority of votes is cast in favor of license; providing that no licenses, permits, or other authority to sell or distribute alcoholic liquors in no-license territory shall be granted; forfeiting and declaring void all such licenses or permits theretofore issued and in force; making it a penal offense to sell, give away or distribute alcoholic liquors within such territory, with certain exceptions; and providing penalties for such offenses, [Approved April 4, 1911. Stats. 1911, p. 599.] Petition for election on local option question. § 1. Qualified electors of any incorporated city or town, or of that portion of any supervisorial district not included within the boundaries of any incorporated city or town, numbering not less than twenty-five per cent of the number of votes cast for all candidates for governor in the territory described in the petition, at the last preceding election for governor of the state, may petition the city council, board of trustees or other legislative body of such city or town or the board of supervisors of the county in which such supervisorial district is situated, to call an election to vote upon the question, whether the sale of alcoholic liquors shall be licensed in such city, town, or supervisorial district out- side of incorporated cities and towns. Form of petition. § 2. Such petition shall be substantially in the following form: To the ■ (here insert the name of the legislative or governing body of the district: city council, board of trustees, board of supervisors, or whatever it may be) of the (here insert description and name of the city, town or county, as the ease may be) : The undersigned, residents and qualified electors of the (here insert description and name of the city, town, or supervisorial district outside of incorporated cities and towns, as the case may be) respectfully petition that you cause to be submitted, in "the manner provided by law, to the voters of this (here insert "city," "town," or "supervisorial district outside of incorporated cities and towns," as the case may be) the proposition, "Shall the sale of alcoholic liquors be licensed in this (here insert 'city,' 'town,' or 'supervisorial dis- trict outside of incorporated cities and towns') V Nam* of signer. House number. Street. Post- office. Date of signing. Precinct. Petitioner's signature. Sworn statement. § 3. Each petitioner shall, in addition to signing his name to such petition, write opposite his name thereon his place of residence, giving 1303 INTOXICATING LIQUORS. Act 1696, §§ -i-O street and number, if any, and such signing, to be valid, must havo been done not more than sixty days before the filing of said petition. There shall be attached to each sheet of such petition a statement, signed and sworn to by a resident of the district described in such peti- tion, that the signatures on the said sheet were made in his presence, by the persons whose names purport to be signed thereto, within the time as provided in this act, and that to the best of his knowledge and belief the persons whose names are signed thereto were, at the time of signing the same, qualified electors in the district described in said petition. No names shall be withdrawn from such petition after the same is filed. Examination of petition. Notice to person filing. Call election. § 4. Upon the filing of said petition the clerk of the body to which it is addressed shall forthwith examine it, and from the great register ascertain whether or not said petition is signed by the requisite number of qualified electors of the territory described therein, and. if necessary, he shall be allowed extra help for that purpose, Ernd within ten days from the date of filing such petition he shall certify in writing the result of such examination and shall file this certificate with the peti- tion. If the clerk finds the number of qualified signers to be insuffi- cient, he shall immediately send a written notice to the person who filed the petition, stating the number of qualified signers he has found there- on, and that they are not sutficient; and the petition may be amended within ten days from the date of such notice by the filing of a sup- plementary petition. The clerk shall within ten days after such amend- ment make like examination and certification of the amended petition. If it is still found insufficient he shall notify the person who filed the petition of that fact, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be certified as sufficient, the legislative or govern- ing body having jurisdiction over the territory described therein shall, within the time prescribed herein, call an election to be held in such territory to vote upon the question whether the sale of alcoholic li'iimrs shall be licensed therein. Provisions governing election. § 5. Such election shall be called and held in the manner provided by law; and all the provisions of law, penal or otherwise, ai)plicable to .i general state election shall apply to special elections held, under tliis act, in territory outside of incorporated cities and towns; wliilc all the provisions of law applicable to municipal elections shall apply to special elections held, under this act, in incorporated cities and towns. Question may be submitted at general election. Special election not oftener than once in two years. § 6. If said petition shall be certified as sufidcient witliin six months and not less than forty days before the holding of the next general state Actl696, §§ 7-10 GENERAL LAWS. 1304 or general municipal election within the territory therein described, such question shall be submitted at said general state or general municipal election; otherwise a special election to vote upon the question shall be called to be held within not less than thirty nor more than sixty days after the petition has been certified as sufficient, provided, that no elec- tion under this act shall be held within two years of any previous election held under this act within the same territory. Iiicense question on ballots of general election. § 7. If said petition is filed with the governing body of an incor- porated city or town, and is certified as sufficient within six months and not less than forty days before the holding of the next general state election, said body shall forthwith request the board of supervisors of the county in which such city or town is located to place the license question on the ballots for all voting precincts within such city or town at the next general state election, in the form provided in section 8 hereof. It shall be the duty of said board of supervisors to comply with such request, and immediately after canvassing the returns of such elec- tion to report the vote for and against license to the governing body of such city or town, and it shall enter the same upon its minutes, making a record of the date of the election and of the number of votes for and against license. Ballot. § 8. The form of ballot shall be as follows: Shall the sal* of alcoholic liquori be licensed in this (Here insert "city," "town," or "supervisorial district outside of incorporated cities and towns," as the case may be) t Yes. No. To vote for license, electors they shall stamp a cross in the square opposite the word "Yes" on the ballot; and to vote against license they shall stamp a cross in the square opposite the word "No" thereon. Contest of election. § 9. Any elector of the territory in which an election under this act is held may contest such election for malconduct on the part of an election board or of any member thereof or on account of illegal votes. Such contest shall be subject to all the provisions of law relating to the contesting of elections, so far as the same may be applicable; pro- vided, that while said contest is pending, and until the same is decided, the force and effect of said election shall be the same as if it had not been contested. No-license territory. § 10. Unless a majority of the votes cast on this question at such election are in favor of license the territory described in the petition 1305 INTOXICATING LIQUORS. Act 1696, §§ 11-14 shall be no-license territory on and after ninety days from the date of said election; and the city council, board of supervisors or other gov- erning body having jurisdiction thereof, shall thereupon make an entry on its records declaring that such described territory is no-license terri- tory; but a failure to make such entry shall not affect the result or efPect of such election. In any prosecution under this act the original record in the minutes of said governing body of the number of votes east at such election, or a copy thereof certified by the clerk of said governing body shall be prima facie evidence that the territory in which such election was held is no-license teritory; provided said record shows that at said election there was not a majority vote in favor of license. Election necessary to change to license territory. § 11. When any city, town, or supervisorial district outside of incor- porated cities and towns, becomes no-license territory it shall remain such until at a subsequent election, called, as herein provided, to vote on the question of whether the sale of alcoholic liquors shall be licensed therein, a majority of the votes cast on that question are in favor of license. It shall thereupon cease to be no-license territory within the meaning of this act. Licenses in such territory become void. § 12. No license, permit or other authority to sell or distribute alco- holic liquors in no-license territory shall be issued except to registered pharmacists and to manufacturers of such liquors, and all such existing licenses or permits, except those of registered pharmacists and manufac- turers, shall immediately become void when the territory becomes no- license territory; but all holders of such licenses, permits or other authority shall, upon a surrender thereof, be entitled to a rebate of the proportion of license fee paid therefor for the unexpired term for which the same was granted. Unlawful to sell liquor. § 13. It shall be unlawful for any person, corporation, firm, company, association or club, as principal, agent, employee or otherwise, witiiin the boundaries of any no-license territory to sell, furnish, distribute or give away any alcoholic liquors except as provided in section 16 hereof. Unlawful to conduct place where liquor is sold. § 14. It shall be unlawful for any person, corporation, firm, company, association or club, within any no-license territory to keep, conduct or establish, as principal or agent, any place where alcoholic liquors are sold, served or distributed, or are kept for the purpose of sale <>r dis- tribution, except as provided in section 16 hereof; and every day that such place shall be kept, established or conducted shall t-onstituto a separate offense. Act 1696, §§ 15, 16 GENERAL LAWS. ' 1306 Unlawful to solicit orders for liquor. § 15. It shall be unlawful for any person, corporation, firm, company, association or club, within any no-license territory, to solicit orders, take orders or make agreements for the sale or delivery of alcoholic liquors; provided, that this shall not apply to the taking of such orders from a registered pharmacist at his place of business, or to the taking of orders for alcoholic liquors on the premises where stored or manu- factured, under the conditions stated in section 16 hereof. What acts not unlawful. § 16. Nothing in this act shall be interpreted as rendering it unlaw- ful to keep alcoholic liquors for distribution, or to sell or distribute such liquors, in no-license territory in the manner and for the purposes in this section provided: First — The serving of such liquors by any person at his own home to members of his family or to his guests, as an act of hospitality, when no money or thing of value ife received in return therefor, and when said home is not a place of public resort; Second — The serving or dispensing of such liquors by any registered pharmacist for bona fide medical purposes only, upon a prescription issued, signed and dated by a duly licensed physician; provided, that the name of the person applying for the prescription and the name of the person for w'hose use the prescription is made shall be inserted therein by the physician issuing the same at the time the prescription is made or given, and that not more than one sale or furnishing is made upon such prescription, and that all such prescriptions are kept on file at the place of business of such pharmacist, open to public inspection; provided, further, that no such liquors so dispensed shall be drunk upon the premises where disj^ensed; Third — The selling of alcohol by a registered pharmacist for other than beverage purposes; provided, that such pharmacist shall keep a record of such sales in which shall be entered the date of the sale, the quan- tity sold, the purpose for which purchased, and the signature of the person purchasing the same; such record to be open to public inspection; Fourth — The selling of wine by a regularly licensed pharmacist for sacramental purposes only; provided, such wine is sold only to a regu- larly ordained minister of some religious denomination, or upon the written order of the local official board or governing body of a religious organization; provided, further, that such pharmacist shall keep a record of such sales in which shall be entered the date of the sale, the quantity sold, and the signature of the person purchasing the same; such record to be open to public inspection; Fifth — The distributing of wine at the sacramental service of any religious organization; Sixth — The keeping of alcoholic liquors at cellars, vaults or ware- houses, receiving orders at such cellars, vaults or warehouses for said liquors, and the shipping of the same therefrom; provided, said liquors are not distributed or delivered to any person or place in no-license 1307 INTOXICATING LIQUORS. Act 1696, §§17-19 territory within the county in which such cellars, vaults or warehouses are located, except when delivered to a common carrier for shipment to a place, outside of said no-license territory; Seventh — The keeping of alcoholic liquors on the premises where manu- factured, receiving orders at said premises for such liquors, and the ship- ping of the same from such premises; provided, said liquors are not distributed or delivered in no-license territory within the county in which such premises are located in quantities of less than two gallons, and are not delivered to any person or place in such territory within said county except as follows: (a) to a common carrier for shipment to a place outside of said no-license territory; (b) to other manufacturers of alcoholic liquors at the premises where they manufacture such liquors; (c) to cellars, vaults or warehouses where such liquors are stored or distributed as provided in the sixth paragraph of this section; (d) to any person at his or her permanent residence; (e) to registered phar- macists at their place of business. Physician may not prescribe for person not in actual need. § 17. No physician shall give to, or write for, any well person, or person not in actual need of said liquor as a medicine, any prescription for alcoholic liquors, either separately or compounded with other in- gredients; and any phj'sician who shall assist in violating or evading any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be liable to the penalty provided in section 19 hereof. Pharmacists to file monthly statements of liquors sold, etc. § 18. On or before the tenth day of each month every pharmacist in no-license territory, who keeps or dispenses alcoholic liquors, shall file with the county clerk of the county, wherein his place of business is located, a sworn statement of the kind and quantity of such liquors he has received during the previous month, showing the date or dates on which it was received and from whom purchased; also a sworn statement of the liquors he has sold or dispensed during said previous month, show- ing the kind and quantity of liquors in each sale, the date, name of the purchaser, and, in case it was dispensed on a prescription, the name of the physician who issued the prescription. These statements sliall be kept on file bv the county clerk for at least two years, open to public inspection. Any pharmacist in no-license territory failing to file state- ments as herein provided, or filing false statements, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to the penalty provided in section 19 hereof. Penalty for violation. i. t. n t» § 19. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished bv a fine not exceeding six hundred dollars, or hy imprisonment in the county iail not exceeding seven months, or by botli such (iiic and imprisonment; but any person found guilty of violating any of the pro- Act 1699 GENERAL LAWS. 1308 visions of this act, by conviction for an offense committed after a pre- vious conviction under this act, shall be punished by a fine not exceeding six hundred dollars nor less than one hundred dollars, and by imprison- ment in the county jail not exceeding seven months, nor less than one month. Places where liquor is sold in no-license territory declared nuisances. Right of search. . § 20. All places where alcoholic liquors are sold or distributed, or are kept for sale or distribution, in violation of any of the provisions of this act, are hereby declared to be common nuisances, and shall be abated as such, and it shall be the duty of the district attorney to take action to abate such nuisances. It shall be the duty of the sheriff and any other peace officer having jurisdiction within any no-license territory to put persons suspected of violating any of the provisions of this act under police surveillance, and to use all legal means in detecting and convicting persons violating any of the provisions of this act. The right of search as given in chapter 3 of part 2 of title 12, of the Penal Code of the state of California, is hereby made applicable to all places where there is reasonable cause to believe any provision of this act is being violated. And all liquors taken from places operated or conducted in violation of the provisions of this act shall, upon conviction of such person or persons from whom such liquor has been taken, be destroyed upon order of the court in which such conviction has been had. "Alcoholic liquors" defined. § 21. The term "alcoholic liquors," as used in this act, shall include spirituous, vinous and malt liquors, and any other liquor or mixture of liquors which contains one per cent, by volume, or more, of alcohol, and which is not so mixed with other drugs as to prevent its use as a bever- age. Police powers not limited. § 22. Nothing in this act shall be construed as putting any limita- tions, except such as are positively stated herein, upon the police powers now possessed, by cities, towns and counties. Citations. Cal. 162/703; 163/610. App. 18/719, 720; (} 6) 18/716. TITLE 239a. INVESTMENT COMPANIES. ACT 1699. An act to define investment companies, investment brokers, and agents; to provide for the regulation, supervision and licensing thereof; to provide penalties for the violation thereof; to create the office of commissioner of corporations, and making an appropriation therefor. [Approved May 28, 1913. Stats. 1913, p. 715. In effect November 1, 1913.] 1309 INVESTMENT COMPANIES. Act 1699, §§ 1-3 Title of act. § 1. This act shall be known as the "investment companies act." Definitions. "Investment company." § 2. (a) The term "investment company," when used in this act, includes every private corporation, association, copartnership and com- pany, which shall within this state, sell, offer for sale, negotiate for the sale of or take subscriptions for any stock, stock certificate, bond or other evidence of indebtedness of any kind or character, issued or to be issued by itself, other than promissory notes not offered to the public by the maker thereof. "Security." (b) The term "security," when used in this act, includes the stock, stock certificates, bonds, and other evidences of indebtedness, other than promissory notes not offered to the public by the maker thereof, of an investment company. "Investment broker." "Contractor." (c) The term "investment broker," when used in this act, includes every corporation, association, copartnership, company and person who shall within this state regularly engage in the business of selling, offering for sale or negotiating for the sale, as agent or contractor, of any security of more than one investment company. The term "con- tractor" means anyone who undertakes to sell securities for an invest- ment company for a commission or other consideration. "Agent." (d) The term "agent," when used in this act, includes every corpora- tion, association, copartnership, company and person who shall within this state sell, offer for sale, negotiate for the sale of or take subscrip- tions for any security of an investment company, either as an employee on a salary basis or for a commission, if acting either for the investment company or an investment broker. "Sale." (e) The term "sale," when used in this act, means the original transfer of title of its own securities from an investment company for any valu- able consideration. Not applicable to corporations subject to railroad commission, etc. § 3. This act shall not apply to corporations, associations, copart- nerships, companies, firms and individuals now or hereafter subject to the jurisdiction or authority of the railroad commission, nor to corpora- tions, associations, copartnerships, companies, firms and individuals after they have secured from the state banking department, the insunince commissioner or the bureau of building and loan supervision a certifi<-ato of authority or license to do business within this state, nor to corpora- tions, associations, copartnerships or companies, subject to federal rcgu- Act 1699, § 4 GENERAL LAWS. 1310 lation or not organized for profit, nor to mutual water companies and irrigation districts, nor to the stocks, stock certificates, bonds or other evidences of indebtedness of such corporations, associations, copartner- ships, companies, firms or individuals. Application for permission to sell securities. Filing fee. § 4. (a) Before selling, offering for sale, negotiating for the sale, or taking subscriptions for, any security of any kind or character, each investment company shall file in the office of the commissioner of cor- porations of this state, an application for permission so to do, together with a filing fee, as hereinafter prescribed, an itemized statement of its financial condition, in such form and detail as the commissioner of cor- porations may prescribe, a copy of all contracts which it proposes to make with or sell to the public, a certified copy of its charter, articles of incorporation or articles of association and all amendments thereto, and such additional information pertaining thereto as the commissioner of corporations may, from time to time, prescribe. Said filing fee shall be five dollars if the par or face value of said security amounts to twenty- five thousand dollars or less; ten dollars if the par or face value of said security amounts to over twenty-five thousand dollars and not over fifty thousand dollars; fifteen dollars if the par or face value of said security amounts to over fifty thousand dollars and not over seventy- five thousand dollars; twenty dollars if the par or face value of said security amounts to over seventy-five thousand dollars and not over one hundred thousand dollars; and twenty-five dollars if the par or face value of said security amounts to over one hundred thousand dollars. Securities not for sale to public exempt. (b) If the investment company does not desire to sell its securities to the public the commissioner of corporations may make his written finding to that effect. Upon the filing of said finding the investment company and its securities shall be exempt from the provisions of this act until the commissioner of corporations makes and files his order set- ting aside said finding. The commissioner of corporations shall have power to make his order setting aside said finding if he finds that the investment company is selling its securities to the public, or for other good cause. Companies organized in other states. Attorney upon whom process may be served. Fee. (c) If such company is organized or created under or by virtue of the laws of any other state, territory or government, it shall also file in the office of the commissioner of corporations a certified copy of the law or laws under which it is organized or incorporated, and all amend- ments thereto, and also, in such form as the commissioner of corporations may prescribe, its written instrument, irrevocable, appointing the com- missioner of corporations or his successor in office its true and lawful attorney, upon whom all process in any action or proceeding against it 1311 INVESTMENT COMPANIES. Act 1699, § 5 may be served with the same effect as if said company were organized or created under the laws of this state and had been lawfully served with process therein. Service upon such attorney shall be deemed per- sonal service upon such company. The commissioner of corporations shall forthwith forward by mail, postage prepaid to the person desig- nated by such company by written instrument filed with the commis- sioner of corporations at the address given in said instrument, or, in case no such instrument has been filed, fo the secretary of such com- pany at its last known postofRce address, a copy of every process served upon him under the provisions of this section. For each copy of process, the commissioner of corporations shall collect the sum of two dollars, which shall be paid by the plaintiff or moving party at the time of such service, to be recovered by hira as part of his taxable costs, if he succeeds in the suit or proceedings. Service shall not be deemed com- plete until said fee has been paid, and said copy of process mailed as hereinbefore directed. Certificate. Commissioner to examine company's affairs before issuing stock to directors. Temporary permit. § 5. It shall be the duty of the commissioner of corporations to examine the statement and other information so filed, and he may, if he deems it advisable, make, or have made, at applicant's cost as here- inafter in this act specified, a detailed examination, audit and investiga- tion of the investment company's affairs, providing that the investment company may at its option, in writing, refuse to have such examination, audit or investigation made, whereupon the commissioner of corpora- tions must reject the application. If he finds that the proposed plan of business of the investment company is not unfair, unjust, or in- equitable the commissioner of corporations shall issue to the investment company a certificate, authorizing it to sell securities, as therein specified within this state, reciting that the company has complied with the provisions of this act, that detailed information concerning the investment company and its securities is on file in the office of the commissioner of corporations and that the investment company is authorized to sell said securities within this state on such conditions, if any, as the commissioner of corporations may in said certificate pre- scribe. Said certificate shall recite in bold type that the issuance of this certificate is permissive only and does not constitute a. recom- mendation or indorsement of said securities. The commissioner of corporations may impose such conditions as he may deem necessary to the issue of said securities, and may, from time to time, for cause, rescind, alter or amend the certificate. If the commissioner of corpora- tions finds that the proposed plan of business of the investment com- pany is unfair, unjust, or inequitable or that it does not intond to do a fair and honest business, he shall refuse to issue the certificate and shall notify the investment company in writing of his decision. t shall be unlawful to issue any security to which this act is applicable Act 1699, §§ 6, 7 GENERAL LAWS. 1312 unless a certificate or a temporary permit authorizing the issue thereof shall first have been secured from the commissioner of corporations as provided in this act; and it shall further be unlawful for any in- vestment company, investment broker or agent as in this act defined, to sell, offer for sale, negotiate for the sale of or take subscriptions for any stock, stock certificate, bond or other evidence of indebtedness of any kind or character without exhibiting to the prospective purchaser or prospective purchasers of such securities, or any thereof, a copy of the certificate issued to such investment company in accordance herewith. A corporation may without applying for a certificate under the provisions of this act issue to each of its directors one share of stock for the purpose of qualifying as directors. The commissioner of corporations, if satisfied that the investment company intends to do a fair, just and equitable business, may, forthwith upon the filing of the statement and other papers required by section 4 of this act, issue to said investment company, upon such conditions as he may prescribe, a temporary permit to issue its securities pending the ex- amination of said statement and other papers, and may, from time to time, for cause, rescind, alter or amend said temporary permit. Investment brokers' permit. Fee. § 6. The provisions of sections 4 and 5 of this act, in so far as applicable, shall apply to investment brokers; provided, that the com- missioner of corporations may, if he finds that the applicant has a good business reputation and deals only in good securities, issue to an in- vestment broker a general permit entitling such investment broker to sell securities within this state, authorized by him, until the first of March following, when it will be necessary to secure a new general permit. For each such general permit the commissioner of corporations shall charge the sum of five dollars. Such general permit, however, shall be subject to revocation by the commissioner of corporations at any time for cause appearing to him sufficient. The commissioner of corporations shall forthwith mail written notice of such revocation to the investment broker. Certificates for investment brokers' agents. Fee. § 7. Any investment company or investment broker may appoint one or more agents, but it shall be unlawful for any such agent to do any business as specified in this act until he shall have secured from the commissioner of corporations a certificate authorizing him to represent such investment company or investment broker within this state until the first of March following, when it will be necessary to secure a new certificate. For each certificate the commissioner of corporations shall charge the sum of one dollar. Such certificate, however, shall be sub- ject to revocation by the commissioner of corporations at any time for cause appearing to him sufficient. 1313 INVESTMENT COMPANIES. Act 1699, §§ 8-10 Supervision and control of companies and "brokers. Examination fee. § 8. The commissioner of corporations shall have general supervision and control, as provided in this act, over any and all investment com- panies and investment brokers, and all such "investment companies and investment brokers shall be subject to examination by the commissioner of corporations or a duly authorized deputy at any time the commis- sioner of corporations may deem it advisable to have such examination made to carry out any provision of this act, and in the same manner and with the same powers as is now, or may hereafter be provided for the examination of state banks. Such investment company or invest- ment broker shall pay to the commissioner of corporations, for each examination, a fee of ten dollars and traveling expenses for each day or fraction thereof that he or his deputy shall necessarily be absent from his office for the purpose of making such examination, and the failure or refusal of any investment company or investment broker to pay such fee upon the demand of the commissioner of corporations shall work a forfeiture of its or his rights to sell any further securities in this state until such fee shall have been paid to the commissioner of corporations, with interest at the rate of seven per cent from the time of the demand of the commissioner of corporations and an ad- ditional twenty-five per cent of such fee by way of penalty. Advertisements, circulars, etc. § 9. It shall be unlawful for any investment company, investment broker or agent to issue, circulate or deliver any advertisement, pamphlet, prospectus, circular or statement or other document in regard to securi- ties which it desires to sell in this state until after such investment company, investment broker or agent shall have been licensed to sell such securities as provided in this act. It shall be unlawful for any such licensed investment company, investment broker or agent to issue, circulate or deliver any such advertisement, pamphlet, prospectus, cir- cular, statement or other document, unless the same shall be signed with the name of the investment company or investment broker and bear a serial number and a copy thereof shall first have been filed with the commissioner of corporations. The commissioner of corpora- tions may for cause object to any such advertisement, pamphlet, pros- pectus, circular, statement or other document, whereupon it shall bo unlawful for such investment company, investment broker or agent to further issue, circulate or deliver such advertisement, pamiihlct, prospectus, circular, statement or other document. Semi-annual repoiis. § 10. (a) Every investment company, until it shall have sold all the securities authorized by the commissioner of corporadona and dis- posed of the proceeds thereof, shall file in the office of the c(.mrai»sJoner of corporations, under date of December .list and June noth of each year, and within fifteen days after said dates, and also at such other 83 Act 1699, §§ 11-13 GENERAL LAWS. 1314 times as may be required by the commissioner of corporations, a re- port setting forth in such form as the commissioner of corporation* may prescribe, the securities authorized by him and sold under the provisions of this act, the proceeds derived therefrom, the disposition of such proceeds and. such other information concerning its affairs relating to the subject matter of this act, as the commissioner of cor- porations may require. Broker's reports on securities. (b) Every investment broker shall when called upon by the com- missioner of corporations file in his office a report giving such informa- tion as he may call for, relating to the securities, the sale of which has been authorized under the provisions of this act. Papers open to public inspection. § 11. All papers, documents, reports and other instruments in writ- ing filed with the commissioner of corporations under this act shall be open to public inspection; provided, that if in his judgment the public welfare or the welfare of any investment company demands that any portion of such information be not made public he may withhold such information from public inspection for such time as in his judgment is necessary. Appeal from commissioner's decision. § 12. An appeal may be taken from any decision of the commissioner of corporations under this act by filing with the clerk of the superior court of the state of California, in and for the city and county of San Francisco, a certified transcript of all papers in the office of the commissioner of corporations relating to such decision. It shall be the duty of the commissioner of corporations to make and certify to said transcript upon payment to him of a fee of ten cents for each folio and one dollar for the certification. The court shall upon such appeal be limited to a consideration of the question whether there has been abuse of discretion on the part of the commissioner of corporations in making such decision. Penalty for false statement. § 13. Any person who shall knowingly or willfully subscribe to or make or cause to be made any false statement or false entry in any book of any investment company or investment broker, or exhibit any false paper with the intention of deceiving any person authorized to examine into its affairs, or who shall make or publish any false or misleading statement of its financial condition or concerning the securi- ties by it offered for sale, shall be guilty of a misdemeanor and shall be punishable by a fine not exceeding one thousand dollars or by im- prisonment in a county jail not exceeding one year or by both such fine and imprisonment. 1315 INVESTMENT COMPANIES. Act 1699, §§ 14-17 Penalty for company violating act. § 14. Any corporation, association, copartnership or company -which violates or fails to comply with any of the provisions of this act, or which fails, omits or neglects to obey, observe or comply with any order, decision, demand or requirement, or any part or provision thereof, of the commissioner of corporations under the provisions of this act, is subject to a penalty of not less than five hundred dollars nor more than two thousand dollars for each and every offense, which penalty if unpaid after demand by the commissioner of corporations shall be recovered in an action brought in the name of the people of the state of California by the attorney general. Penalty for person violating act. § 15. Every person who violates or fails to comply with any of the provisions of this act or who fails, omits or neglects to obey, observe or comply with any order, decision, demand or requirement, or any part or provision thereof, of the commissioner of corporations under the provisions of this act in any case in which a different penalty is not specifically provided, is guilty of a misdemeanor and is punish- able by a fine of not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and im- prisonment. Corporation department created. Salary. Bond. § 16. There is hereby created a state corporation department. The chief offieer of such department shall be the commissioner of corpora- tions. He shall be appointed by the governor and hold office at the pleasure of the governor. He shall receive an annual salary of five thousand dollars, to be paid monthly out of the state treasury upon a warrant of the controller. He shall within fifteen days from the time of notice of his appointment take and subscribe to the constitu- tional 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 ten thousand dollars with corporate security or two or more sureties, to be approved by the governor of the state, for the faithful discharge of the duties of his office. Deputies. Compensation. Total expenditure. § 17. The commissioner of corporations shall employ s«fh_ clerks and deputies as he may need to discharge in proper manner the duties imposed upon him by law. Neither the commissioner of corporations nor any of his clerks or deputies shall be interested in any investment company, or investment broker, as director, stockholder, officer, member, ngont or employee. Such clerks and deputies shall perform such duti.«s ns the commissioner of corporations shall assign to them. He shall fix the compensation of such clerks and deputies which compensation shall be paid monthly on the certificate of the commissioner of corporations, Act 1699, §§ 18-21 GENERAL LAWS. 1316 and on the warrant of the controller out of the state treasury; provided, however, that the total expenditures provided for in this act shall not exceed fifty thousand dollars per annum. Each deputy shall within fifteen days after his appointment take and subscribe to the constitu- tional oath of office and file the same in the office of the secretary of state. Office of commissioneT. § 18. The commissioner of corporations shall have his office in the city of Sacramento and he shall from time to time obtain the neces- sary furniture, stationery, fuel, light and other proper conveniences for the transaction of the business of the state corporation department, the expenses of which shall be paid out of the state treasury on the certificate of the commissioner of corporations and the warrant of the controller. Corporation commission fund. § 19. A fund is hereby created to be known as the "corporation com- mission fund" and out of said fund shall be paid all the expenses in- curred in and about the conduct of the business of the corporation department, including the salary of the commissioner and his clerks and deputies, traveling expenses, furnishing rooms and rent. All moneys collected or received by the commissioner of corporations under and by virtue of the provisions of this act shall be delivered by him to the treasurer of the state, who shall deposit the same to the credit of said corporation commission fund. And all such fund so deposited or such part thereof as may be necessary for the purposes of this act are hereby appropriated to the use of the corporation commission fund for the purposes of this act. It shall be the duty of the commissioner of corporations semi-annually to certify under oath to the state treasurer and secretary of state the total amount of receipts and expenditures of the state corporation department for the six months preceding. All fees and payments of every description required by this act to be paid to the commissioner of corporations shall be paid by him to the state treasurer on the first day of each week following their receipt by the comissioner of corporations. Seal. § 20, The commissioner of corporations shall adopt a seal with the words "Commissioner of Corporations, State of California," and such other device as the commissioner of corporations may desire engraved thereon by which he shall authenticate the proceedings of his office. Copies of all records and papers in the office of the corporation depart- ment shall be received in evidence of all cases equally and with like effect as the originals. Reports as evidence. § 21. Every official report made by the commissioner of corporations and every report, duly verified, of an examination made, shall be prima 1317 IRRIGATION. Acts 1712, 1713 facie evidence of the facts therein stated for all purposes in any action or proceedings wherein any investment company or investment broker is a party. Constitutionality of act. § 22. 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 legis- lature 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. Repeal of inconsistent acts. § 23. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Appropriation. § 24. The sum of ten thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the purpose of carrying this act into effect. In effect. § 25. This act shall take effect November 1, 1913. TITLE 241. lEEIGATION. ACT 1712. An act to recognize and declare valid all proceedings in Oakdale irriga- tion district. [Approved March 1, 1911. Stats. 1911, p. 2G2.] Oakdale irrigation district. § 1. Oakdale irrigation district as formed by the board of super- visors of Stanislaus countv, state of California, and as now existing is hereby recognized and declared valid, and all proceedings on organiza- tion and formation are hereby approved, and declared valid. § 1. This act shall take effect immediately. ACT 1713. An act to recognize and declare valid all procee at a given time for its entire r.mouut and not for a pprc«,'iitagc. 1 lu' date of issue of any bond authorized under this act shall be deemed to be the apparent date of issue of the said bonds appearing upon the lace thereof, which date shall be subsequent to the date of the bond election authorizing said bonds and prior to the date of actual delivery of said Act 1726, §§ 32, 321/2 GENERAL LAWS. 1332 bonds to the purchasers thereof. Said bonds shall bear interest at a rate to be determined by the board of directors of the district issiiing them, but not exceeding six per cent per annum payable semi-annually on the first day of January and the first day of July of each year. Principal and interest shall be payable at the place designated therein. Said bonds shall be each of the denomination of not less than one hundred (^ollars nor more than one thousand dollars, as the board of directors may determine; shall be negotiable in form, signed by the presi- dent and secretary of said board of directors, and the seal of the board shall be affixed thereto. Each issue shall be numbered consecutively as issued, and bonds of each issue shall be numbered consecutively and bear date at the time of their issue. Coupons for the interest shall be attached to each bond, signed by the secretary. Said bonds shall express on their face that they were issued by authority of this act, stating its title and date of approval, and also stating the number of the issue of which such bonds are a part. The secretary shall keep a record of the bonds sold, their number, the date of sale, the price re- ceived and the name of the purchaser. The provision of this section defining what shall constitute the date of issue of bonds shall apply to any and all bonds issued in pursuance of this act. [Amendment ap- proved June 16, 1913; Stats. 1913, p. 998.] Also amended Januarj' 25, 1912 (Stats. Ex. Sess. 1911, p. 248). Sale of bonds. Notice by publication. § 32. The board may sell said bonds from time to time in such quan- tities as may be necessary and most advantageous to raise money for the construction of said canals and works, th« acquisition of said prop- erty and rights, or the acquisition of any water or water-rights, and otherwise to fully carry out the objects and purposes of this act. Be- fore making any sale the board shall, at a meeting, by resolution, declare its intention to sell a specified amount of the bonds, and the day and hour and place of such sale, and shall cause such resolution to be entered in the minutes, and notice of the sale to be given, by publication thereof at least three weeks in some newspaper published in the county where the office of the board of directors is located and in any other newspaper at its discretion. The notice shall state that sealed proposals will be received by the board at their office, for the purchase of bonds, till the day and hour named in the resolution. At the time appointed the board shall open the proposals and award the purchase of the bonds or any portion or portions thereof to the highest responsible bidder or bidders; provided, however, that they may reject any or all bids. [Amendment apj)roved June 16, 1913; Stats. 1913, p. 1000.] Also amended March 28, 1911 (Stats. 1911, p. 513). Election on sale of bonds for less than par. § 32V'2- If any irrigation district bonds have been authorized before the time when this section shall go into effect, but have not been sold, 1333 IRRIGATION. Act 1726, § 34 and the board of directors of said district deems it desirable that said board be authorized to sell said bonds for less than the par value thereof, said board may call a special election to submit to the voters of the district said proposition. Such election shall be held and notice thereof shall, be given in the same manner as is provided in the case of special elections to authorize the issuance of bonds in irrigation dis- tricts. The proposition shall be stated in substantially the following form: "Shall the board of directors of (insert the name) irriga- tion district be authorized to sell bonds of the district for less than the par value thereof?" followed by the words "Yes" and "No," as provided in section 30 hereof. If at least two-thirds of the legal votes cast at such election are for "Yes," then the board of directors may sell any bonds authorized hj said district before this section shall take ef- fect to the highest responsible bidder or bidders, as is provided in the foregoing section. If less than two-thirds of the legal votes cast at such election shall be for "Yes," the result shall be entered of record. [New section approved June 16, 1913; Stats. 1913, p. 1000.] Assessments to complet* works. Notice of election. Ballots. § 2i. In case the money raised by the sale of bonds issued be insuffi- cient, or in case the bonds be unavailable for the completion of the plan of canal and works adopted, and the acquisition of the necessary prop- erty, waters and water rights therefor, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plan, and the acquisition of such necessary property, waters and water rights, by levy of assessments therefor; provided, how- ever, that such levy of assessments shall not be made except first -an estimate of the amount required for such purposes has been made by said board, and the question as to the making of said levy submitted to a vote of the electors of the district. Before such question is submitted the order of submission shall be entered in the minutes of the board, stating the amount to be levied and the purpose therefor, and if sub- mitted at a special election said order shall, in addition, fix the day of election. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept once a week for at least three suc- cessive weeks. Such notices must specify the time of holding the elec- tion, and the amount of assessment proposed to be levied. Said election must be held and the result thereof determined and declared in all re- spects as nearly as practicable in conformity with the provisions (if this act governing the election of officers; provided, that no inforniaiitica in conducting such an election shall invalidate the same, if the election shall have been otherwise fairly conducted. At such election the ballots shall contain the words "Assessment— Yes," or "Assessment— No," or words equivalent thereto. If a majority of the votes cast are "Assess- Act 1726, § 39 GENERAL LAWS. 1334 ment — Yes," the board of directors shall cause an assessment in the amount named in the order of submission to be levied; if a majority of the votes cast are "Assessment — No," the result of such election shall be so declared and entered of record. [Amendment approved March 28, 1911; Stats. 1911, p. 514.] Assessment for interest. Neglect of duty of collector. Duty of district attorney. Extension of time. Assessment of land omitted. § 39. The board of directors shall then, within fifteen daj's after the close of its session as a board of equalization, levy an assessment sufficient to raise the annual interest on the outstanding bonds, and in any year in which any bond shall fall due must increase such assessment to an amount sufficient to raise a sum sufficient to pay the principal of the outstanding bonds as they mature; also, sufficient to pay in full all sums due, or that shall become due from the district, before the time for levj-ing the next annual assessment, on account of rentals or charges for lands, water or water rights acquired by said district under lease or contract; also, sufficient to pay in full the amount of any other contract or obligation of the district which shall have been reduced to judgment. The secretary of the board must compute and enter in a separate column of the assessment-book the respective sums in dollars and cents to be paid as an assessment on the property therein enumer- ated. When collected, the assessment shall be paid into the district treasury and be apportioned to the several proper funds. In case of the neglect or refusal of the board of directors to cause such assessment and levies to be made as in this act provided, then the duly equalized assessment made by the county assessor of the county or each of the respective counties in which the district is situated shall be the basis of assessment for the district, and the board of supervisors of the county in which the office of the board of directors of said district is situated shall cause an assessment-roll of said district to be prepared, and shall make the levy required by this act, in the same manner and with like effect as if the same had been made by said board of directors and all expenses incident thereto shall be borne by such district and may be collected by suit at law, which shall be commenced by the district at- torney of the county whose board of supervisors caused said assessment- roll to be prepared, unless the amount of such expenses shall be paid within sixty days from the time when proper demand shall have been made therefor. In case of the neglect or refusal of the collector or treasurer of any irrigation district to perform the duties imposed by law, then the tax collector and the treasurer of the county in which the office of the board of directors of such district is situated must respectively perform such duties and shall be accountable therefor upon their official bonds; but, in case any county tax collector shall collect any assessment for any irrigation district, he shall pay the same to the county treasurer who shall place such money in a special fund to the credit of the dis- trict and shall disburse the same to the proper persons for the purposes 1339 IRRIGATION. Act 1726, § 39 for which such assessments have been levied and shall not pay any part thereof to the treasurer of said district until said county treasurer shall be satisfied that all of the valid obligations for which such assess- ments were levied and for which payment has been demanded have been paid. It shall be the duty of the district attorney of each county in which the office of any irrigation district is located to ascertain each year whether the duties relating to the levying and collection of assess- ments, as in this act provided, have been performed, and, if he shall learn that the board of directors or any official of any such irrigation district has neglected or refused to perform any such duty, said district attorney shall so notify the board of supervisors or the county official required by this act to perform such duty in such case, and, unless such board of supervisors or such county official shall proceed to the per- formance of such duty within thirty days after the receipt of such notice, the district attorney shall take such action in court as may be necessary to compel the performance of such duty, and said district attor- ney shall give such notice to other officials, and shall take such action, as may be necessary to secure the performance in their proper sequence of the other duties relating to the levying and collection of assessments, as in this act provided; provided, that for the enforcement of the levving and collection of any assessment hereafter required to be levied and collected for the payment of any debt hereafter incurred, in case com- plaint shall be made to the attorney general of the state of California that the district attorney of any county has not performed any duty devolving upon him by the provisions of this section, or that he is not proceeding with due diligence or in the proper manner in the perform- ance of any such duty, the attorney general shall make an investigation, and if it shall be found that such charge or charges are true, said attor- ney general shall take such measures as may be necessary to enforce the performance of the duties relating to the levying and collection of assessments, as in this act provided. In case, as the result of the neglect or refusal of any official or officials to perform any duty relating to the levying and collection of assessments, as in this act provided, it shtili be impossible for such duty to be performed within the time required and such duty shall subsequently be performed, then the time within which all duties consequent upon the performance of such duty sli;il! be performed shall be extended so as to allow the elapsing of the infcr- vals required by this act to elapse between the performance of such duties, and the assessments herein provided for shall not become dciin-, quent for at least thirty days after the first publication of the notice that such assessments are due and payable, as provided in section 41 of this act. In the event any land within said district sulijcct to assessment for the purposes of the district has not been assessed by the county assessor or does not appear upon the county assossmentroll adopted by said board of supervisors as the basis of assessment for tho district, the land so omitted belonging to any person, association, cor- poration, or municipality shall be forthwith assessed by tho county Act 1726, §§ 41^3 GENERAL LAWS. 1336 assessor upon an order of the board of supervisors and a description of the property so omitted shall be written in the roll prepared for the purpose of district assessments. In such ease, before any assessment is levied, the board of supervisors must meet and equalize said assessment with that of the assessment of other lands in said district. The sanie notice shall be given by the board of supervisors of such meeting for the purpose of equalizing the assessment to be made as herein directed as is provided in this act to be given by the board of directors of an irrigation district when the said board is to meet for the purpose of equalizing assessments. All the powers and duties respecting the collec- tion of all assessments on possession of, claim to, or rights to the posses- sign of land now provided in sections 3820, 3821, 3822, 3823, 3824, 3825 and 3829 of the Political (.'ode, as regards county assessors shall apply, so far as applicable, to irrigation district assessors. [Amendment ap- proved April 22, 1913; Stats. 1913, p. 59.] Also amended March 28, 1911 (Stats. 1911, p. 514). Notice that assessments are due. When delinquent. § 41. On or before the first day of November, the secretary must deliver the assessment-book to the collector of the district, who shall within twenty days publish a notice in a newspaper published in each county in which any portion of the district may lie, that said assessments are due and payable and will become delinquent at 6 o'clock P. M. on the last Monday of December next thereafter, and that unless paid prior thereto ten per cent will be added to the amount thereof, and also the time and place at which payment of assessments may be made, which notice shall be published for the period of two weeks. The collector must attend at the time and place specified in the notice to receive assess- ments, which must be paid in gold and silver coin; he must mark the date of payment of any assessment in the assessment-book opposite the name of the person paying and give a receipt to such person, specifying the amount of the assessment and the amount paid, with the description of the property assessed. On the last Monday in December at 6 o'clock P. M. of each year, all unpaid assessments are delinquent and thereafter the collector must collect thereon, for the use of the district, an addi- tion of ten per cent. [Amendment approved June 16, 1913; Stats. 1913, p. 1002.] Sale of property for delinquent assessment. § 43. The collector must collect, in addition to the assessments due on the delinquent list, and ten per cent added, fifty cents on each lot, piece or tract of land separately assessed. On the day fixed for the sale, or some subsequent day to which he may have postponed it, of which he must give notice, the collector, between the hours of 10 A. M. and 3 o'clock P. M., must commence the sale of the property advertised, commencing at the head of the list and continuing alphabetically, or in the numerical order of the lots or blocks, until completed. He may postpone the day of commencing the sales, or the sale, from day to day, 1337 IRRIGATION. Act 1726, §§ 471/2, 541/2 but the sale must be completed within three weeks from the day first fixed; provided, that if any sale or sales shall be stayed by legal pro- ceedings, the time of the continuance of such proceedings is not part of the time limited for making such sale or sales; and provided, fur- ther, that in any district where the validity of any assessment shall be in litigation at the time this act shall take effect, the sale of any prop- erty, whether it be involved in such litigation or not, may be postponed for a time not to exceed four months. [Amendment approved June 16 1913; Stats. 1913, p. 1003.] Delinquent taxes not bar to dissolution. Deed of land sold for taxes to be made by county treasurer. § 47J. The five-year period herein prescribed for the redemption of properties sold for delinquent taxes shall not operate as a bar to the dissolution of any irrigation district. If any land has been sold for delinquent taxes of a district in process of dissolution, or in a district which has been dissolved and the time allowed for redemption has not expired, the owner of such property or anyone in interest may redeem the same by paying the amount due thereon, computed as provided in sec- tion 46 of this act, to the county treasurer, who must issue his receipt therefor, and upon the presentation of such receipt the county recorder must cancel the certificate of sale in the manner required in the preced- ing section. In the event any land has been sold for nonpayment of taxes as herein provided, and no redemption has been made within five years from the date of purchase in any district which may have been dissolved before the expiration of said redemption period, then a deed for the property sold and described in the certificate of sale must be made to the pur- chaser upon demand by the county treasurer of the county in which said irrigation district is or was situated. Such deed shall contain all the recitals of the certificate of sale, and in addition thereto, a recital that the district'has been dissolved and a deed executed in pursuance of the authority given by this section. A deed so executed shall have the same force and effect as if executed by the collector of an irrigation district. [New section approved March 28^ 1911; Stats. 1911, p. alG.j Reports to be forwarded to state engineer. § 54^. During the construction of any work to be paid for out of the proceeds of the sale of any bonds of any irrigation district within this state, the secretary of the board of directors shall, within one week after each regular meeting of said board, forward to the state engineer copiOH of all reports made to said board as to the progress of said work ami a statement of the amounts paid for the doing of any part of said work. Immediately after the publication of the statement of the financial condi- tion of any irrigation district within this state, required by section 14 of this act to be made annually, the board of directors of said district Bhall cause a copy of said statement and a report staling the genera condition of any works constructed or acquired by »aid district and Act 1726, §§ 55, 59 general laws. 1338 whether or not the plan of irrigation adopted by the district is being successfully carried out and any other matters which the board may deem proper, to be forwarded to the state engineer, who shall examine said statement and report and make to said board such recommendations and comments as he may deem proper. The state engineer may at any time make or cause to be made an examination of the affairs of any irrigation district within this state or call upon the authorities of such district for such information as he may desire and make such report thereon as he may deem advisable. [New section approved June 16, 1913; Stats. 1913, p. 1000.] Improvements to be paid for from construction fund. Toll may be fixed instead of assessments. § 55. The cost and expense of purchasing and acquiring property and constructing the works and improvements herein provided for, shall be wholly paid out of the construction fund; provided, however, that when any lands, waters, water rights or other property shall be acquired by the district by any lease or contract, under the terms of which the con- sideration or rental shall be payable in such installments that a like amount shall be payable in each year of the life of such lease or con- tract, then such rental or consideration shall be paid out of the funds derived from the levying of annual assessments, or from the collection of rates, tolls and charges fixed and collected as hereinafter provided for. For the purpose of defraying the expenses of the organization of the district, and of the care, operation, management, repair, and improve- ment of such portions of such canal and works as are completed and in use, including salaries of officers and employees, and installments of rental or consideration accruing under any lease or contract as herein- above in this section mentioned, the board may in lieu (either in part or in whole) of levying assessments as herein provided for, fix rates of toll and charges, for irrigation and other public uses declared by this act, and collect the same from all persons using said canal for irrigation and other purposes. [Amendment approved March 28, 1911; Stats. 1911, p. 516.] Directors may call election on question of special assessment. Emer- gency indebtedness. § 59. The board of directors may, at any time, when in their judg- ment it may be deemed advisable, call a special election and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the purpose of raising money to be ap- plied to any of the purposes provided in this act. Such election must be called upon the notice prescribed, and the same shall be held and the result thereof determined and declared in all respects in conformity with the provisions of section 30 of this act. The notice must specify the amount of money proposed to be raised and the purpose for which it is intended to be "used. At such elections the ballots shall contain the words "Assessment — Yes" or "Assessment — No." If two-thirds or more of 1339 IRRIGATION. Act 172G, § 61 the votes cast are "Assessment — Yes," the board shall, at the time of the annual levy hereunder, levy an assessment sufficient to raise the amount voted; provided, however, that an assessment of not to exceed two per centum of the value of the assessable property within the dis- trict may be levied in any one year without such vote by the adoption of a resolution by at least four-fifths of the members of the board of directors, such amount not, however, to exceed the sum of seventy-five thousand ($75,000) dollars; provided, further, that if a petition signed by qualified voters in the district* equal in number to fifteen per centum, of the votes cast at the last preceding general election in such district, shall, within thirty days after the board shall by resolution have pro- vided for the levying of such assessment, be filed with such board peti- tioning that an election relative to the levying of such assessment be held, such assessment shall not be levied without the election provided for in this section; provided, further, however, that in case of an un- expected emergency by which the fliow of water in the canal is inter- rupted, the amount of the indebtedness incurred in the repair of the works of said district, caused by such interruption, not to exceed in any one year forty thousand ($40,000) dollars, may also, in addition to the assessments hereinbefore provided for, be levied by the adoption of a resolution by at least four-fifths of the members cf the board of directors, at the time of the levying of the annual assessment provided for in this act, without the submission of the question of such levy to a vote, as in this section hereinbefore provided. [Amendment approved April 26, 1911; Stats. 1911, p. 1111.] Directors may not incur liability in excess of bonds. Warrants not paid to bear interest. Notice that warrants will be paid. § 61. The board of directors or other officers of the district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act; and any debt or liability incurred in excess of «uch express provisions shall be and remain absolutely void, except that for the purposes of organization, or for any of the purposes of this act, the board of directors may, before the collection of the first assessment, incur indebtedness in such sum or sums as shall amount to two thousand dollars, or, if the district shall contain more than four thousand acres, to one-half as many dollars as there are acres of land in the district, and may cause warrants of the district to be issued therefor, bearing interest at seven per cent ])pr annum; provided, however, that in no case shall the total amount of war- rants authorized in this section exceed fifty thousand dollars, and all such- warrants must be made payable not later than the first day of January after the first assessment shall be levied in the diBtnct issuniK such warrants; and provided, further, that nothing contained in this «cc- tion shall be construed as limiting the right of the board to enter into any contract or lease for any lands, waters, water rights or otu-r prop- erty, as in this act provided for, and by such lease or contract to bind Act 1726, § 78 GENERAL LAWS. 1340 the district for the payment of the rental or consideration specified in such lease or contract; and provided, further, that any warrant of the district payable on demand, if presented to the treasurer for payment when funds are not available for the payment thereof, shall thereafter draw interest at the rate of five per cent per annum until public notice is given that such funds are available. Upon the presentation of any such warrant for payment when funds of the district are not available to pay the same, the treasurer of the district shall indorse thereon the words, "Funds not available for payment," with the date of presenta- tion, and shall sign his name thereto. He shall keep a record, showing the number and amount of each such warrant, the date of its issuance, the person in whose favor it was issued and the date of its presentation for payment. Whenever there is sufficient money in the treasury to pay all such outstanding warrants, or whenever the board of directors shall order that all such warrants presented for payment prior to a certain date be paid and there is sufficient money available for such payments, the treasurer shall give notice in some newspaper published in the dis- trict, or, if none is published therein, then in some newspaper published in the county in which the district or any portion thereof is situated, or, if none is published in such county, then the treasurer shall post such notice conspicuously in the place in which the board of directors of the district holds its regular meetings, stating that he is prepared to paj' all warrants of the district for the paj-ment of which funds were not avail- able upon their original presentation, or all such warrants which were presented for payment prior to the date fixed by the board of directors, as the case may be, and no further description of the warrants entitled to payment shall be made in such notice. Upon the presentation of any warrant entitled to payment under the terms of such notice, the treasurer shall pay it, together with interest thereon at the rate of five per cent per annum from the date of its original presentation for payment to the date of the first publication or posting of the aforesaid notice, and all warrants for the payment of which funds are declared in said notice to be available shall cease to draw interest at the time of the first publica- tion or posting of said notice. The treasurer shall enter in the record hereinbefore required to be kept the dates of the payment of all such warrants, the names of the persons to whom payments are made and the amount paid to each person. [Amendment approved June 16, 1913; Stats, 1913, p. 1001.] Also amended March 28, 1911 (Stats. 1911, p. 517). Exclusion of lands from irrigation districts. Lands not susceptible of irrigation, etc. Land irrigated by pumping. § 78. If, upon the hearing of any such petition, no evidence or proofs in support thereof be introduced, or if the evidence fail to sustain said petition, or if the board deem it not for the best interests of the dis- trict that the lands, or some portion thereof, mentioned in the petition, should be excluded from the district, the board shall order that said peti- 1341 IRRIGATION. Act 1731, § 21/^ tion be denied as to such lands; but if the said board deem it for the best interest of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if no person interested in the district show cause in writing why the said lands, or some portion thereof, should not be excluded from the district, or if, hav- ing shown cause, withdraws the same, or upon the hearing fails to estab- lish such objections as he may have made, then it shall be the duty of the board to, and it shall forthwith, make an order that the lands men- tioned and described in the petition, or some defined portion thereof, be excluded from said district; provided, that it shall be the duty of said board to so order, upon petition therefor as aforesaid, that all lands so petitioned to be excluded from said district shall be excluded therefrom, which cannot be irrig".ted from, or which are not susceptible to, or would not, by reason of being permanently devoted to uses other than agri- cultural, horticultural, viticultural or grazing, be directly benefited by, the actual irrigation of same from a common source or by the same sys- tem of works with the other lands of said district, or from the source selected, chosen, or provided, or the system adopted for the irrigation of the lands in said district, or which are already irrigated, or entitled to be irrigated, from another source or by another system of irrigation works; provided, that no land irrigated by means of water, pumped from an underground source or sources shall be entitled to exclusion from any irrigation district on account of being so irrigated, if it shall be shown that such land is or will be substantially benefited by subirrigation from the works of said district or by drainage works provided or required by law to be provided by said district, but no owner of land in any irriga- tion district shall be required to pay any assessment, except for tlie pay- ment of interest and principal due on bonds of the district, on any land in such district which, when the district was organized, was irrigated by means of water pumped from an underground source or sources and lias continued each year to be irrigated exclusively by such means, [.\mcnd- ment approved June 13, 1913; Stats. 1913, p. 781.] Citations. Cal. 156/479, 480; 159/574, 575; 161/345, 347, 348; 162/14, 17. 18, 19. ACT 1731. Au act to provide for the dissolution of irrigation districts, the ascer- tainment and discharge of their indebtedness and the distribution of their property. [Approved February 10, 1903. Stats. 1903, p. 3.] Amended 1909, p. 139; Ex. Sess. 1911, 118; 1913, 39. The amendments of 1911 and 1913 follow: Proceedings under certain conditions. § 21/2- In case an irrigation district has no indebtodncss not barred by the statute of limitations and no assets, and has ceased to be :» U"'"K Act 1731, §§ 2, 2a general laws. 1342 concern and has no irrigation system by which it conveys water for irrigation or domestic purposes to any of the residents of such district, the petition for dissolution mentioned in section 2 of said act shall con- tain statements showing such facts and also that it is the desire of the signers of such petition to have said district dissolved, and such petition need not contain any other statement or allegation, and such petition need only be signed by two-thirds of the qualified electors residing in such district, and by the holders of title or evidence of title representing at least fifty per cent of the acreage within said district and not less than fifty per cent in value of all lands lying within the exterior boundaries of said district, the value of said lands to be determined by the last equalized assessment-roll of said district, and such petition so signed and containing such statements and allegations shall be sufficient. In such case the plan of dissolution referred to in section 3 of said act need only show the facts that there is no district indebtedness not barred by the statute of limitations and that the district has disposed of all of its assets; provided, that the petition shall further recite the fact t'.at an application will be made to the superior court for a decree of dissolution of said district under the provisions of said act. And in the case men- tioned in this section, it shall not be necessary to obtain the assent of any holder of any evidence of indebtedness of said district barred by any statute of limitations of this state before the election, provided for in said section 3, shall be called. § 2. This act shall take effect ninety days after the ad.iournment of this extraordinary session of the legislature. [New section approved December 24, IGH; Stats. Ex. Sess. 1911, p. 118.] This section is probably superseded by § 2a, which was added in 1913. See next section. Statement of district having no assets. _ Special election. Ballot. § 2a. In case an irrigation district has no indebtedness not barred by the statute of limitations and no assets and has ceased to be a going concern and has no irrigation system by which it conveys water for irri- gation or domestic purposes to any of the residents of such district, the petition for dissolution mentioned in section 2 of said act shall contain statements showing such facts and also that it is the desire of the signers of such petition to have said district dissolved, and such petition need not contain any other statement or allegation, and such petition need only be signed by two-thirds of the qualified electors residing in such district, and by the holders of title or evidence of title representing at least fifty per cent of the acreage within said district and not less than fifty per cent in value of all lands 'ying within the exterior boundaries of said district, the value of said lands to be determined by the last equalized assessment-roll of said district, and such petition so signed and containing such statements and allegations shall be sufl^cient. In such case the plan of dissolution referred to in section 3 of said act may 1343 IRRIGATION. Act 1732a, § 1 be entirely omitted and it shall not be necessary for the petitioners or persons signing such petition, or for the board of directors of such dis- trict to propose any plan for the dissolution of such district or any plan for the liquidation of its indebtedness or the distribution of its assets; provided, that the petition shall further recite the fact that an applica- tion will be made to the superior court of the state of California in and for the county in which the office of the board of directors of such dis- trict is required to be kept, for a decree of dissolution of said district under the provisions of said act. And in the case mentioned in this sec- tion, it shall not be necessary to obtain the assent of any holder of any indebtedness or evidence of indf'btedness of said district barred by any statute of limitations of this state before the election provided for in said section 3, shall be called. Upon the filing of said petition with the board of directors of said district, said board shall call a special election at which shall be submitted to the electors of such district the question whether or not said district shall be dissolved. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days and also by publication of such notice in some newspaper published in the county where the office of the board of directors is required to be kept, once a week for at least three successive weeks before such election. Such notices must specify the time of holding the election, and the fact that it is proposed to dis- solve the district. Said election must be held and the result thereof de- termined and declared in all respects as nearly as practicable in con- formity with provisions of law governing the election of officers in irri- gation districts. At such election the ballot shall contain the words "Dissolution of the district — Yes" or "Dissolution of the district— No." or words equivalent thereto. It shall not be necessary in winding up the affairs of any district organized under the laws of this state to pay all or any portion of any debt or obligation of such district, for the enforce- ment of which debt or obligation a suit is barred by the laws of this state, nor to pay any bond, coupon, warrant or other indebtedness, claim or demand which shall be barred by the laws of this state prior to the filing of the petition for dissolution with the board of directors of such district. [New section approved April 19, 1913; Stats. 1913, p. 39.] ACT 1732a. An act regarding irrigation and declaring the same to be a pnl''"' n^^' [Approved May 1, 1911. Stats. 1911, p. 1407.] Power of eminent domain may be exercised to further irrigation. § 1. Irrigation in the state of California is hereby declared to lie a public necessity and a public use, and the power of eminent domain nuiy be exercised on behalf of such public use in accordance with the pro- visions of title 7, part 3 of the Code of Civil Procedure of the state of California. Provided, that any person, firm or corporation, oxer.-isniK the power of eminent domain and in control of water appropriated for Act 1732b, §§ 1, 2 GENERAL LAWS. 1344 sale, rental or distribution, shall not, by this act, be relieved from the duty of furnishing water to irrigate the lands over which any right of way is obtained by condemnation for irrigation purposes as required by an act entitled, "An act to regulate and control the sale, rental and dis- tribution of appropriated water in this state, other than in any city, city and county, or town therein and to secure the rights of way for the con- veyance of such water to the places of use," approved March 12, 1885, or any other law now in force in this state. Does not repeal act of 1885. § 2. This act shall not repeal or modify an act entitled "An act to regulate and control the sale, rental and distribution of appropriated water in this state, other than in any city, cit}' and county, or town therein, and to secure the rights of way for the conveyance of such water to the place of use," approved March 12, 1885, and other acts supple- mental thereto and amemlatory thereof, nor shall the same be construed to alter or change the law of the state of California as to the duty of any person, firm or corporation in charge of a public use to furnish water. § 3. This act shall be in force from and after its passage. ACT 1732b. An act relating to bonds of irrigation districts, providing under what circumstances such bonds shall be legal investments for funds of banks, insurance companies and trust companies, trust funds, state school funds and any money or funds which may now or hereafter be invested in bonds of cities, cities and counties, counties, school districts or municipalities, and providing under what circumstances the use of bonds of irrigation districts as security for the perform- ance of any act may be authorized. [Approved June 13, 1913. Stats. 1913, p. 778.] Resolution declaring irrigation district bonds available. § 1. Whenever the board of directors of any irrigation district organ- ized and existing under and pursuant to the laws of the state of Cali- fornia shall by resolution declare that it deems it desirable that any con- templated or outstanding bonds of said district, including any of its bonds authorized but not sold, shall be made available for the purposes provided for in section 7 of this act, the said board of directors shall thereupon file a certified copy of such resolution with the commission hereinafter provided for. Report of comnussion on affairs of district. § 2. Such commission, upon the receipt of a certified copy of such resolution, shall, without delay, make or cause to be made an investiga- tion of the affairs of the district and report in writing upon such matters as it may deem essential, and particularly upon the following points: 1345 IRRIGATION. Act 1732b, § 3 _ (a) The supply of water available for the project and the right of the district to so much water as may be needed. (b) The nature of the soil as to its fertility and susceptibility to irri- gation, the probable amount of water needed for its irrigation and the probable need of drainage. (c) The feasibility of the district's irrigation system and of the spe- cific project for which the bonds under consideration are desired or have been used, whether such system and project be constructed, projected or partially completed. (d) The reasonable market value of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned by such district or to be acquired or constructed by it with the proceeds of any of such bonds. (e) The reasonable market value of the lands included within the boundaries of the district. (f) Whether or not the aggregate amount of the bonds under consid- eration and any other outstanding bonds of said district, including bonds authorized but not sold, exceeds sixty per centum of the aggregate mar- ket value of the lands within said 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 cf said bonds, by said district, as determined in accordance with paragraphs (d) and (e) in this section. (g) The numbers, date or dates of issue and denominations of the bonds, if any, which the commission shall find are available for the pur- poses provided for in section 7 of this act, and, if the investigation has covered contemplated bonds, the total amount of bonds which the district can issue without exceeding the limitation expressed in paragraph (f) of this section. Report filed with controller and secretary of district. Controller's cer- tificate. Bonds, issuance of. § 3. The written report of the investigation herein provided for shall bo filed in the office of the state controller, and a copy of said report shall by the commission be forwarded to the secretary of the district for which the investigation shall have been made, and if said commission shall have found, as set out in said report, that the irrigation system of the district and the specific project for which the bonds under consideration are desired or have been used, whether such project be constructed, pro- jected or partially completed, are feasible and that the aggregate amount "of the bonds under consideration and any other outstanding bonds of said district, including bonds authorized but not sold, does not exceed sixty per centum of the aggregate market value of the lands within said district and of the water, water rights, canals, reservoir, reservoir sites, and irrigation works owned or to be acquired or const nir-tcd with the proceeds of any of said bonds by said district, the bonds of such 85 Act 1732b, § 4 GENERAL LAWS. 1346 irrigation district, as described and enumerated in said report filed with the state controller, shall be certified by the state controller, as herein- after provided for. If the commission shall be notified by the board of directors of any district whose irrigation system has been found in such report to be feasible that the district has issued bonds and the commis- sion shall find that said bonds are for any project or projects approved in such report and that the amount of said bonds does not exceed the limitation stated in such report, the commission shall prepare and file with the state controller a supplementary report giving the numbers, date or dates of issue and denominations of said bonds, which shall then be entitled to certification by the state controller as hereinafter provided for. Subsequent issues of bonds may be made available for the purposes specified in this act upon like proceedings by said district, but, after any of the bonds of an irrigation district have been enumerated and described as entitled to certification by the state controller as herein provided for, it shall be unlawful for that district to issue bonds that will not be en- titled to such certification. It is hereby made the duty of the state con- troller to prov^ide for filing and preserving the reports mentioned in this section and, also, to make, keep and preserve a record of the bonds cer- tified by him in accordance with the provisions of section 4 of this act, including the date of certification, the legal title of the district, the num- ber of each bond, its par value, the date of its issue and that of its maturity. rorm of certificate. § 4. Whenever any bond of an irrigation district organized and exist- ing as aforesaid, including any bond authorized in any such district but not sold, which shall be eligible to certification by the state controller under section 3 of this act, shall be presented to the state controller, he shall cause to be attached thereto a certificate in substantially the following form: Sacramento, Cal. (insert date) I, , controller of the state of California, hereby certify that the within bond. No. of issue jSTo. of the irrigation district, issued (insert date), is, in accordance with an act of the legislature of California approved , a legal investment for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, the state school funds and any funds which may be invested in county, municipal or school district bonds, and it may be deposited as security for the performance of any act whenever the bonds of any county, city, city and county, or school district may be so deposited, it being entitled to such privileges by virtue of an examination by the state engineer, the attorney general and the super- intendent of banks of the state of California in pursuance of said act. The within bond may also, according to the constitution of the state of 1347 raRiGATioN. Act 1732c California, be used as security for the deposit of public money in banks in said state. Controller of State of California. In case of a change in the constitution or any of the laws of this state relating to the bonds of irrigation districts, the state controller shall, if necessary, modify the above certificate so that it shall conform to the facts. Commission created. § 5. The attorney general, the state engineer and the superintendent of banks are hereby constituted the commission herein provided for, and said commission shall elect one of its members chairman and may employ such clerks and assistants as may be necessary for the performance of the duties herein imposed, and may fix the compensation to be paid to such clerks and assistants. Expenses. § 6. All necessary expenses incurred in making the investigation and report in this act provided for shall be paid as the commission may require by the irrigation district whose property has been investigated and reported on by the said commission; provided, that the benefit of any services that may have been performed and any data that may have been obtained by any member of said commission or any other public official in pursuance of the requirements of any law other than this act, shall be available for the use of the commission herein provided for without charge to the district whose affairs are under investigation. Bonds certified legal investments for trust funds, etc. § 7. All bonds certified in accordance with the terms of this act shall be legal investments for all trust funds, and for the funds of all insur- ance companies, banks, both commercial and savings, and trust companies, and for the state school funds, and whenever any money or funds may, by law now or hereafter enacted, be invested in bonds of cities, cities and counties, counties, school districts, or municipalities in the state of California, such money or funds may be invested in the said bonds of irrigation districts, and whenever bonds of cities, cities and eounflcs, counties, school districts or municipalities may by any law now or hereafter enacted be used as security for the performance of any net, bonds of irrigation districts under the limitations in this act proviiled may be so used. This act is intended to be and shall be considcrod tho latest enactment upon the matters herein contained, and any and all acts in conflict with the provisions hereof are hereby repealed. ACT 1732c. An act relating to the bonds of irrigation districts, providing under what circumstances such bonds may become legal invcstni<>n(H for the funds of banks, banking associations, trust companies, insurance Acts ] 732d, 1732e general laws. 1348 companies and for the state school funds, and providing that snch bonds may be depo-sited as security, and providing for a commission for approving such bonds, for a report thereon, for the filing of such report and for the registration of such bonds in the ofiice of the state controller. [Approved March 9, 1911. Stats. 1911, p. 322.] Citations. Cal. 162/21. Probably superseded by Act 1732b, ante. ACT 1732d. An act relating to bonds of irrigation districts, providing under what circumstances such bonds may be made legal investments for the funds of banks, banking associations, trust companies, insurance companies, and for the state school funds and trust funds, and pro- viding for the deposit of such bonds as security for public moneys, and providing for a commission for approving certain bonds of irri- gation districts, for a report thereon, for the filing of such report, for a certificate of the state controller, and for the recording of such bonds in the office of the state controller. [Approved Decem- ber 18, 1911. Stats. Ex. Sess. 1911, p. 3.] Probably superseded by Act 1732b, ante. ACT 1732e, An act to provide for the release of all claims and liens arising from irrigation district bonds and interest coupons voluntarily surrendered for cancellation, and to provide for the establishment of record of such release. [Approved May 1, 1911. Stats. 1911, p. 1160.] Petition to surrender irrigation district bonds. § 1. Whenever a holder of bonds and interest coupons issued by an irrigation district organized under the provisions of an act entitled "An act to provide for the organization and government of irrigation dis- tricts, and to provide for the acquisition of water and other property, and for the distribution of water thereb}- for irrigation purposes," ap- proved March 7, 1887, and all acts supplementary thereto, or amendatory thereof, including an act entitled, "An act to provide for the organization and government of irrigation districts, and to provide for the acquisi- tion or construction thereby of works for the irrigation of the lands embraced within such districts, and, also, to provide for the distribu- tion of water for irrigation purposes," approved March 31, 1S97; shall desire to surrender such bonds and interest coupons and have the same canceled and discharged and released as a claim against said district and as a lien or charge thereon and against any of the land or property thereof or therein, and shall desire to have it established of record that 1349 IRRIGATION. Act 1732e, §§ 2-4 said bonds and coupons and the said claims, liens and charges arising therefrom are canceled, discharged and released, he may file a petition for such purpose in the superior court for the county wherein is situated any of the land included in said district. Proceeding in rem deemed commenced. § 2. By the filing of said petition, an action in the nature of a pro- ceeding in rem against all persons interested in said bonds or coupons or any of them, shall be deemed commenced. Notice of said proceeding shall be given by filing a notice of the pendency of the proceeding in the office of the county recorder of each of the counties wherein is situated any of the land included in said district and by publication of a notice of the pendency of the proceeding once a week for at least four weeks in one newspaper published iu each of the counties wherein is situated any of the land included in said district. The notice of the pendency of the proceeding shall contain the name of the petitioner, a description of the bonds and coupons with respect of which the proceed- ing is commenced, a brief description of the relief sought by the pro- ceeding, the time when the proceeding will be heard by the court (which must not be earlier than thirty days after the last publication of said notice), and a notice to all persons interested in the proceeding requiring them to appear at such time at said court to show cause if any they have why the relief sought by the proceeding should not be granted. Jurisdiction. § 3. Upon the completion of the said publication and at the time named in the notice for the hearing, the court shall have full and com- plete jurisdiction of the petitioner and of the said bonds and coui)ons and of all parties having or claiming any interest of any kind in saitl bonds or coupons or any of them, for the purposes of said proceeding and shall have full and complete jurisdiction to render the judgment therein which is provided for by this act. Hearing and judgment. § 4. Any person interested may at or before the time named in the notice for the hearing, appear and by answer filed to said petition con- test the title of the petitioner to said bonds or coupons or any of them and the court shall order the entry of the default of all persons who shall have failed to so appear and answer. Thereupon or at such time to which the hearing may be continued, the court shall proceed and deter- mine the ownership of said bonds and coupons and must in all caHCB require proof of the facts alleged in the petition. If the court finds that the petitioner is the owner of said bonds and coupons or some of thorn and that the allegations contained in the petition with respect of s.-iid bonds and coupons so owned by him are true, then the court shall by itn judgment describe the bonds and coupons so owned by the petitioner and shall decree that they are surrendered, canceled, discharged and released as a claim against said district and as a lieu or charge thereon and Act 1732f, §§ 1, 2 GENERAL LAWS. 1350 against any of the land or property thereof or therein and such judg- ment shall be conclusive and binding upon every person having or claim- ing any interest of any kind in said bonds or coupons or any of them and the said bonds and coupons shall thereupon be marked canceled by the clerk of said court and delivered by him into the possession of the said irrigation district whenever such district shall demand the same; and after said judgment, said bonds and coupons shall not comprise any claim, lien or charge against said district or any of the land or property thereof or therein. Judgment recorded. § 5. A certified copy of the judgment in said proceeding shall be recorded in the office of the county recorder of each of the counties wherein is situated any of the land included in said district and shall constitute complete notice that said bonds and coupons have been sur- rendered, canceled, discharged and released and do not comprise any claim, lien or charge against said district or any of the land or property thereof or therein. Procedure. § 6. Except as herein otherwise provided, all the provisions and rules of law relating to evidence, pleading, practice, new trials and appeals applicable to other civil actions, shall apply to the proceedings hereby authorized. § 7. This act shall take effect immediately. ACT 1732f. An act to provide for the formation, management and dissolution of county irrigation districts; for supplying the inhabitants thereof with water; for levying and collecting taxes on property in such dis- tricts; and for the issuance of county irrigation district bonds and the payment thereof. [Approved June 13, 1913. Stats. 1913, p. 7S5.] Formation of county irrigation districts. § 1. Any portion of a county, containing unincorporated territory, or containing the whole or any portion of one or more incorporated cities and contiguous unincorporated territory, and not included in a county irrigation district, may be formed into county irrigation district, and provision made for the purpose of supplying the inhabitants of such district with water, in the manner and under the proceedings herein- after described. Petition. Name. Description of improvements. Cost, Request for election. Map. Undertaking. § 2. A petition for the formation of such county irrigation district may be presented to the board of supervisors of the county in which 1351 IRRIGATION. Act 1732f, § 3 the proposed district is located, -R-hieh petition shall be signed by not less than fifty freeholders, resident within the proposed district, and shall contain: (1) The name and b&undaries of the proposed county irrigation dis- trict to be benefited by the said improvement. (2) A general description of the improvement desired for the purpose of supplying the inhabitants of such district with water, and which may embrace any or all of the following: the acquisition, construL-tion, in- stallation, completion, extension, repair or maintenance of waterworks} structures and appliances, and the acquisition, by purchase, condemnation, contract, lease, or otherwise, of lands, rights of way, water, water rights and water service, necessary or convenient for such purpose. (3) An estimate of the cost of the proposed improvement and of the incidental expenses in connection therewith. (4) A request that an election be called in said district for the pur- pose of submitting to the qualified voters thereof the proposition of forming such district and incurring indebtedness by the issuance of bonds of such district to pay the cost and expenses of the proposed improvement. Such petition must be accompanied by a map showing the exterior boundaries of the proposed district, with relation to the territory immediately contiguous thereto, and plans and specifications of the proposed improvement. There shall also be filed with said petition a good and sufficient undertaking, to be approved by the board of sujier- visors, in double the amount of the probable cost of forming such dis- trict, conditioned that the sureties shall pay said cost, in case the formation of such district shall not be effected. Hearing on petition. Notice. Publication. § 3. Such petition must be presented at a regular meeting of said board of supervisors, and the board shall thereupon fix a time for hear- ing the same, and protests of interested parties, not less than twenty- one nor more than thirty days after the date of presentation thereof. The clerk of the board shall' thereupon cause notices of the filing and hearing of such petition to be posted in three of the most public i)ia('e9 in said district. Said notice shall be headed "Notice of the formation of County Irrigation District No. " (stating name of county in which the district is located and the number of the proposed district) in letters not less than one inch in length, and shall, in legible charac- ters, state the fact and date of the filing of such petition, the date and hour set for hearing such petition and protests, briefly describe tho proposed improvement, specify the exterior boundaries of tlie diMnct to be benefited bv such Improvement and to be taxed to provide for such improvement, and refer to said petition, map and plans and specificationn for further particulars. The said clerk shall also cause a notice, similar in substance, to be published at least once a week for two consecutivo weeks in a newspaper of general circulation printed anrl piiblishrd in the county in which the proposed district is located, and designated by said Act 1732f, § 4 GENERAL LAWS. 1352 board for that purpose. Said notice must be posted and published, as above provided, at least ten days before the date set for the hearing of said petition. Written protests. Protests sustained. Changes in boundaries. Jurisdic- tion. § 4. Any person interested, objecting to the formation of said dis- trict, or to the extent of said district, or to the proposed improvement, or to the inclusion of his property in said district, may file a written protest, setting forth such objections, with the clerk of said board at or before the time set for the hearing of said petition. The clerk of said board shall indorse on each such protest the date of its reception by him, and, at the time appointed for the hearing above provided for, shall present to said board all protests so filed with him. Said board shall hear said petition and protests at the time appointed, or at any time to which the hearing thereof may be adjourned, and pass upon the same, and its decision thereon shall be final and conclusive. If any of such protests be against the formation of said district, or against the proposed improvement, and be sustained, no further proceedings shall be had or taken pursuant to said petition, but a new petition for the same or a similar purpose may be filed at any time. If any of such protests be against the extent of said district, or against the inclusion of property in said district, then the board shall have power to make such changes in the boundaries of the proposed district as it shall find to be proper and advisable, and shall define and establish such boundaries, but said board shall not modify such boundaries so as to exclude from such proposed district any territory which will be benefited by said improvement, nor shall any territory which will not, in the judgment of said board be benefited by said improvement be included within such proposed district. Neither shall said board modify such boundaries except after notice of its intention so to do, given by one insertion in a newspaper of general circulation printed and published in said county and designated by said board for that purpose, describing the proposed modification, and specify- ing a time for hearing objections to such modification, which time shall be at least ten days after the publication of said notice. Written objections to such proposed modification may be filed with the clerk of said board by any interested person at or before the time set for hearing the same. Said board shall hear and pass upon such objections at the time appointed, or at any time to which the hearing thereof may be adjourned, and its decision thereon shall be final and conclusive. If such objections or any of them, be sustained, no further proceedings pur- suant to such petition shall be taken, but a new petition for the same or a similar purpose may be filed at any time. At the expiration of the time within which protests may be filed, if none be filed, or if protests be filed and, after hearing be "denied, or at the expiration of the time within which objections to the modification of 1353 IRRIGATION. Act 1732f, §§ 5, 6 the boundaries of tlie district, in case such modification be proposed, may be filed, if none be filed, or if such objections be filed and, after hearing, be overruled, as above provided, then said board shall be deemed to have acquired jurisdiction to further proceed in accordance with the provisions of this act. Resolution calling special election. Maximum rate of interest. § 5. The board of supervisors shall, by ordinance or resolution adopted at a regular or special meeting, thereof after having acquired jurisdiction to proceed, as provided above, provide for and order the holding of a special election in such proposed county irrigation district and the submission to the qualified voters thereof, of the proposition of forming such district and incurring a debt by the issuance of bonds of such district for the purposes set forth in said petition. The ordi- nance or resolution calling such special election shall also recite the objects and purposes for which the proposed indebtedness is to be in- curred, the estimated cost of the proposed improvement, the amount of the principal of the indebtedness to be incurred therefor, and the rate of interest to be paid on said indebtedness, and shall fix the date on which such special election shall be held, the manner of holding the same, and the manner of voting for or against said proposition. The maxi- mum rate of interest to be paid on such indebtedness shall be eight per centum per annum, payable semi-annually. Precincts, polling places, election officers, etc. Publication of ordinance. § 6. For the purposes of said election, the board of supervisors shall, in said ordinance or resolution, establish one or more precincts within the boundaries of the said county irrigation district, designate a polling place, and appoint one inspector, one judge and one clerk for each such precinct. In all particulars not recited in such ordinance or resolution, such election shall be held as provided by law for holding general elec- tions in such county. Said ordinance or resolution ordering the holding of said election shall, prior to the date set for such election, be pub- lished five times in a daily, or twice in a weekly or semi-weekly news- paper of general circulation printed and published in said county and designated by said board of supervisors for said purpose, and shall be posted in three of the most public places in said county irrigation dis- trict at least ten davs prior to the date set for such election. No other notice of such election need be given. If at such election a majority of the votes cast are in favor of the formation of such district and the incurring of such bonded indebtedness, then the board of suitervisors shall enter an order to that effect upon its minutes, declaring said dis- trict formed, and said board shall thereupon be authorized and em- powered to issue the bonds of said district for the amount provided for in such proceedings, payable out of funds of such district to be provided as in this act prescribed. Actl732fJ§7-9 GENERAL LAWS. 1354 Form of bonds, coupons, etc. Date of maturity. Denominations. Validity of signatures. § 7. The board of supervisors, by an order entered upon its minutes, shall, subject to the provisions of this act, prescribe the form of said bonds and of the interest coupons attached thereto. Said bonds shall be payable in the following manner: a part to be determined by said board, and which shall not be less than one'-fortieth part of the whole amount of sucTi indebtedness, shall be payable each and every year on a day and date, and at a pla&e, to be fixed by said board, and desig- nated in such bonds, together with the interest on all sums unpaid on such date, until the whole of said indebtedness shall have been paid; provided, however, that the board of supervisors may, in its discretion, determine and fix a date for the earliest maturity of the principal of such bonds not more than ten years from the date of the issue of such bonds, but, in this event, the whole amount of such indebtedness must be made payable in equal annual parts in not to exceed forty years from the time of contracting the same. The bonds shall be issued in such denominations as the board of supervisors may determine, except that no bonds shall be of a less denomination than one hundred dollars, nor of a greater denomination than one thousand dollars, and shall be payable on the day and at the place fixed in such bonds and with interest at the rate specified in such bonds, which rate shall not be in excess of eight per cent per annum and shall be payable semi-annually, and said bonds shall be signed by the chairman of the board of supervisors and counter- signed bj"^ the auditor of said county, and the seal of said county shall be affixed thereto. The interest coupons of said bonds shall be numbered consecutively and signed by the auditor of said county by his engraved or lithographed signature. In case any such officers whose signatures or counter-signatures appear on the bonds or coupons shall cease to be such officer before the delivery of such bonds to the purchaser, such signa- ture or counter-signature shall, nevertheless, be valid and sufficient for all purposes, the same as if such officer had remained in office until the delivery of the bonds. Saje and disposition of proceeds. § 8. The board of supervisors may issue and sell the bonds of such district, authorized as hereinabove provided, at not less than par value, and the proceeds of the sale of such bonds shall be placed in the county treasury to the credit of the proper county irrigation district fund ajid shall be applied exclusively to the purposes and objects mentioned in the ordinance or resolution ordering the holding of the bond election, as aforesaid. Tax to pay interest and principal, § 9. The board of supervisors shall levy a tax, each year, upon the taxable property in such county irrigation district, sufficient to pay the interest on said bonds for that year, and such portion of the principal thereof as is to become due before the time for making the next general 1355 IRRIGATION. Act 1732f, §§ 10, 11 tax levy; provided, however, that if the maturity of the indebtedness created by the issue of such bonds be made to begin more than one year after the date of such issue, such tax shall be levied and collected at the time and in the manner aforesaid each year, sufficient to jiay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof on or before maturity. Such tax shall be levied and collected at the time and in the same mariner as the general tax levy for county purposes, and when collected shall be paid into the county treasury and be used for the payment of the principal and interest on said bonds, and for no other purpose. The principal and interest on said bonds shall be paid by the county treasurer in the manner provided by law for the payment of principal and interest on bonds of such county. Tax for maintenance of district. § 10. The board of supervisors of any county wherein a county irri- gation district has been formed under the provisions of this act, shall have the power, in any year after the establishment of such district, to levy a tax upon the taxable property in such district sufficient to pay the cost and expenses of maintaining, operating, extending and re- pairing the waterworks of said district for the ensuing fiscal year, and said tax shall be levied and collected at the time and in the same manner as the general tax levy for county purposes, and the revenue derived from said tax shall be paid into ithe county treasury to the credit of the proper fund of said district, and said board shall have the power to control and order the expenditure thereof for said purpose. Contracts to lowest bidder. Power to make improvements. Improve- ments along public roads. § 11. All contracts for furnishing the labor, materials or supplies re- quired for any improvement mentioned in this act, shall be let to the low- est responsible bidder. The board of supervisors of the county shall adver- tise for two or more days in a newspaper of general circulation, printed and published in such county, inviting sealed proposals for furnishing tlie labor, materials and supplies for the proposed improvement before any contract shall be made therefor. The board shall have the right to re- quire such bonds as it may deem best from the successful bidder, to insure the faithful performance of the contract, and shall also have the right to reject any and all bids; provided, however, that nothing herein contained shall be construed as prohibiting such county itself, and. when ordered by the board of supervisors thereof, it shall have power to make the "proposed improvement without a contractor therefor, and to purchase the materials and supplies, and employ the labor necessary for such purpose; and provided, further, that any improvement for which bonds are voted under the provisions of this act, shall be made in eon- formity with the plans and specifications thereof provided for in «ortion 2 hereof' Anv improvement provided for in this act may be locnfed, constructed and maintained in, along or across any public road or high- Act 1732f, §§ 12-14 GENERAL LAWS. 1356 way in the county, in such manner as to afford security for life and property; but the board of supervisors of the county shall restore, or cause to be restored, such road or highway to its former state, as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness. Rules of administration for district. Engineers. § 12. The board of supervisors of any county wherein any such county irrigation district is situated, shall have power to make and enforce all rules and regulations necessary for the administration and government of such district, and for the use and operation of the water- works thereof; to appoint or employ all needful agents, superintendents and engineers to properly look after the performance of any work pro- vided for in this act; and to perform all other acts necessary or proper to accomplish the purposes of this act. Title in county. In case of annexation to city. § 13. The title to all property which may have been acquired for a county irrigation district, created under the provisions of this act, shall be vested in the county wherein such county irrigation district is located; provided, that whenever all of the territory in such county irrigation district shall be annexed to, or otherwise included within, any municipal corporation owning works for supplying the inhabitants thereof with water, then such county irrigation district shall be deemed dissolved and such property shall thereupon become the property of such municipal corporation and shall become a part of, and be used in con- nection with, such waterworks; and such municipal corporation and the proper officers thereof shall, as to such property, and as to the levy and collection of taxes to meet the payments of principal and interest on outstanding bonds of such district, have and exercise the powers and perform the duties vested in and imposed upon the said county, and the board of supervisors and other officers thereof, prior to such annexation or inclusion. All money in the county treasury to the credit of any fund of such county irrigation district shall, upon the annexation or inclusion of such territory, as above provided, be forthwith transferred to the treasury of said municipal corporation and be used for the pur- poses for which the same was available prior to such transfer and none other. Method of dissolution. Outstanding bonds. § 14. Any such county irrigation district may, except as otherwise provided in this act, be dissolved by the board of supervisors as herein- after provided. Upon receiving a petition signed by fifty or more free- holders and residents of such county irrigation district, requesting the dissolution of such district, the board of supervisors shall fix a time for hearing such petition, which shall be not less than ten nor more than thirty days after the receipt of such petition, and shall, at least five days* prior to the time so fixed, publish notice of such hearing by one 1357 JUTE GOODS. Act 1763, § 1 insertion in a daily, weekly or semi-weekly newspaper printed, pub- lished and circulated in said county. At the time appointed for such hearing, or at any time to which the same may be adjourned, the board of supervisors shall hear and pass upon such petition and may grant or deny the same, and its decision thereon shall be final and conclu- sive. If such petition be granted the board of supervisors shall, by ordinance or resolution, order the dissolution of said district, and such district, shall thereby be dissolved; provided, that if at the time of the dissolution of said district there be any outstanding bonded or other indebtedness of such district, then taxes for the payment of such bonded or other indebtedness shall be levied and collected the same as if such district had not been dissolved. Alternative method provided. § 15, This act shall not affect any other act or acts relating to the same or a similar subject, but is intended to provide an alternative method of procedure governing the subject to which it relates. When proceeding under the provisions of this act its provisions and none other shall apply. § 16. The provisions of this act shall be liberally construed to effect the purposes thereof. TITLE 248. JUTE GOODS. ACT 1763. Apjiropriation for the establishment of a permanent fund for the pur- chase of jute to be manufactured at the state prison at San Quentin. [Stats. 1885, p. 53.] Amended 1889, p. 228; 1907, p. 169; 1911, pp. 73, 486. The amendment of 1911 is as follows: Appropriation: Purchase of jute. "Revolving fund." § 1. The sum of two hundred thousand dollars is hereby appropriated out of any money in the state treasury not otherwise apjiropriatcd, to provide and maintain a permanent revolving fund for tlie purchase of jute for the state prisons. All moneys taken therefrom to be used ex- clusively in payment for jute to be used in manufacturing in said state prisons; and so much of the money received from the sale of any goods manufactured from said jute shall be returned to the said revolving fund, so that the fund shall contain two hundred thousand dollars before any of the proceeds from the sale of said manufactured goods are uHcd for any other purpose than the purchase of jute. Whenever said "revolving fund" shall be replenished and there shall be a surplus, or balanco. ovt-r the amount appropriated, such surplus, or balance, shall be paid not less frequently than semi-annually, into the state treasury to the credit of tho fund to be known as "the prison fund of San Quentin prison" (which Acts 1765, 1768a general laws, 1358 "fund" is hereby created), for the use and support of San Quentin prison and of the trades and industries conducted therein. [Amendment ap- proved February 23, 1911; Stats. 1911, p. 73.] § 2. This act shall take effect immediately. There was another amendment of the same section at the same session of the legislature as follows: Appropriation: Revolving fund, San Quentin. § 1. The sum of two hundred thousand dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated, to provide and maintain a permanent revolving fund for the purchase of jute for the state prison. All moneys taken therefrom to be used ex- clusively in payment for jute to be used in manufacturing in said state prison; and so much of the money received from the sale of any goods manufactured from said jute shall be returned to the said revolving fund, so that the fund shall contain two hundred thousand dollars before any of the proceeds from the sale of said manufactured goods are used for any other purpose than the purchase of jute. Whenever said "re- volving fund" shall be replenished and there shall be a surplus or balance over the amount appropriated, such surplus or balance shall be paid, not less frequently than semi-annualh', into the state treasury to the credit of the fund to be known as "the prison fund of San Quentin prison" (which "fund" is hereby created), for the use and support of San Quen- tin prison and of the trades and industries conducted therein. [Amend- ment approved March 24, 1911; Stats. 1911, p. 486.] ACT 1765. An act authorizing the state board of prison directors to fix the price, terms and conditions of sale at which jute bags should be sold for the state, providing for the prosecution and punishment for offenses under the same. [Approved March 10, 1909. Stats. 1909, p. 280.] Repealed. Stats. 1913, p. 1012. See post, Act 1768a. ACT 1768a. An act fixing the price, terms and conditions of sale at which jute goods shall be sold by the state, and providing for prosecution of aJid punishment for offenses under the same. [Approved June 16, 1913. Stats. 1913, p. 1011.] Fixing price of jute goods. Trademark. § 1. It shall be the duty of the state board of prison directors annually not later than the thirty-first day of January, of each year, to fix the price and to give public notice of the same, at which jute goods shall be sold by the state. And it shall be the duty of the said board of prison directors, and they are hereby authorized to adopt a 1359 JUTE GOODS. Act 176Sa, §§ 2-4 trademark and file with the secretary of state their claim for the same, and procure a certificate thereof, under the provisions of article 3, chapter 7, title 7, of the Political Code of the state of California; and it shall be the duty of the board of prison directors to print, stencil or stamp on each and every bag manufactured by the state, said trade- mark. Rules governing sales. § 2. The state board of prison directors shall prescribe the rules and conditions on which the said goods shall be sold, and until the fifteenth day of May of each year shall sell the same only to consumers of bags, but no order before said date for any one consumer shall be valid for more than ten thousand grain bags. If any bags remain unsold after the fifteenth day of May each year, the state board of prison directors may sell the same, at the price already fixed by the state board of prison directors to consumers and in such quantities and under sucli rules and iipon such conditions as they may deem best for the interest of the state, up to the fifteenth day of October of each year. It shall be an express condition of each and everj^ sale made by the state board of prison directors, to which the purchaser shall agree in writing that he will under no circumstances sell or offer for sale any such goods or bags at a greater price than that fixed as in this act provided. Any person or persons, company or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined not less than two hundred and fifty dollars and not more than one thousand dollars; or shall be imprisoned in the county jail not less than ninety days nor more than one year. Orders for goods. § 3. All orders for jute goods filed with the board of prison directors prior to the fifteenth day of May of each year, must be accompanied by an afiidavit setting forth the name, residence, postofRce address and occupation of the applicant; that the amount of goods contained in the order is for the applicant's individual and personal use, and that he has not contracted for or agreed to contract for the sale of any portion thereof to any person or persons whatsoever. Said afiidavit to bo sub- scribed and sworn to before a notary public, or justice of the peaeo residing in the township in which the applicant resides; provided, that any applicant who shall falsely and fraudulently procure jute . bugs under the provisions of this act shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than two hundred dbllars. Record of goods manufactured and sold. § 4. It shall be the dutv of the board of prison directors to Ueep a book for public inspection in which shall be entered the total numl,.«r of iute bags or iute goods manufactured each year; and also the name of each purchaser, his postoffice address, his business occnpnt urn, Iho num- ber of jute bags or jute goods by him purchased, and the i.n.-e paid Acts 1769, 1770 general laws. 1360 therefor, the date of sale and shipment, and the part or place to which the shipment is made. ^ Repealed. § 5. The act entitled "An act authorizing the state board of prison directors to fix the price, terms and conditions of sale at which jute bags should be sold for the state, providing for the prosecution and punish- ment for offenses under the same," approved March 10, 1909, and all other acts and parts of acts in conflict with this act are hereby repealed. TITLE 249.. JUVENILE COURT. ACT 1769. Defining and providing for the control, protection, and treatment of de- pendent and delinquent children; prescribing the powers and duties of courts with respect thereto; providing for the appointment of pro- bation officers, and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of boards to in- vestigate the qualifications of organizations receiving children under this act, and prescribing the duties of such boards; and providing when proceedings under this act shall be admissible in evidence. [Approved February 26, 1903. Stats. 1903, p. 44.] Amended 1905, p. 806; 1907, p. 777. Repealed 1909, pp. 213, 226; 1911, pp. 673, 674; 1913, p. 1305. See post, Act. 1770. ACT 1770. An act concerning neglected, dependent and delinquent persons, provid- ing for their care, custody and maintenance until twenty-one years of age; providing for their commitment to the \\Tiittier State School and the Preston School of Industry, and the manner of such com- mitment and release therefrom; establishing a probation committee and probation officers to deal with such persons; fixing the salaries of probation officers; providing for detention homes for said per- sons; providing for the punishment of those responsible for, or con- tributing to, the neglect, dependency or delinquency of said persons; and giving to the superior court jurisdiction of such offenses, and repealing inconsistent acts. [Approved March 8, 1909. Stats. 1909, p. 213.] Amended 1911, pp. 63, 658. It was entirely amended in 1913 (Stats. 1913, p. 1285). See below. The original act was adopted March 8, 1909 (Stats. 1909, p. 213). Its title then read as follows: An act concerning dependent and delinquent minor chil- dren, providing for their care, custody and maintenance until twenty-one years of age; providing for their commitment to the Whittier State School and the 1361 JUVENILE COURT. Act 1770, §§ l-2a Preston State School of Industry, and the manner of such commitment and release therefrom, establishing a probation committee and probation officers to deal with such children, and fixing the salaries of probation officers; provid- ing for detention homes for said children; providing for the punishment of persons responsible for, or contributing to, the dependency or delinquency of children; and giving to the superior court jurisdiction of such offenses, and re- pealing inconsistent acts. The title was changed to read as above June 16, 1913 (Stats. 1913, p. 1285). Short title. § 1. This act shall be known as the "juvenile court law" and shall apply only to persons under the age of twenty-one years and not now or hereafter inmates of a state institution. "Neglected person" defined. § 2. With'in the meaning of this act the words "neglected person" shall include any person: (1) Whose home by reason of neglect, cruelty or depravity of his parents or either of them, or on the part of his guardian, or on the part of the person in whose care or custody he may be, is an unfit place for such person; or (2) Whose father is dead or has abandoned his family or is an hab- itual drunkard, and it appears that such person is destitute of a suitable home, or of adequate means of obtaining an honest living, and is in dan- ger of being brought up to lead an idle and dissolute, or immoral life; or (3) Who has not the proper care and discipline essential to the welfare of such person, and who is without parent or guardian able or willing to give such care and enforce such discipline; or (4) Who, being under the age of sixteen years, is found wandering and not having any home or settled place of abode, or any visible means of subsistence; or (5) Who, being under the age of fifteen years, is in a condition of extreme want, and is without parent or other person able and willing to maintain such person; or (6) Who, being under the age of fifteen years, is found begging, or receiving or gathering alms in any street, road or public place, or wlio is there for the purpose of so doing, whether actually begging or doing so under pretext of peddling, or selling any article or articles, or sing- ing or playing any musical instrument, or giving any public entertain- ment in such street, road or public place, or who accompanies or is used in aid of any person so doing. Neglected person. Who not regarded as. § 2a. It is hereby provided that no person shall be dealt with nnd'T this act as a neglected person who properly can be dealt with und-r any other law of the state of California now or hereafter in force providing for the placing, care and custody of neglected persons. 86 Act 1770, §§ 3-5 GENERAL LAWS. 1362 "Dependent persons" defined. § 3. Wtliin the meaning of this act the words "dependent person" shall include any person: (1) Who has no parent or guardian willing to exercise, or capable of exercising proper parental control, and for the want of such proper parental control such person is waj-ward and addicted to vicious habits, and is in danger of being brought up to lead an idle and dissolute, or immoral lifej or (2) Who knowingly associates with thieves or other vicious or immoral persons; or (3) Who is found living or being in any house of prostitution or as- signation, knowing at the time that such house is a house of prostitution or assignation; or (4) Who habitually visits, without parent or guardian, any billiard- room or poolroom, or any saloon, or place where any spirituous, vinous or malt liquors are sold, bartered or given away; or (5) Who is incorrigible, that is, who is beyond the control and power of his parents, guardian or custodian by reason of the vicious conduct or nature of said person; or (6) Who is an habitual truant within the meaning of an act entitled "An act to enforce the educational rights of children and providing penal- ties for the violation of said act," approved March 24, 1903, and any act or acts amending or superseding the same, and who is not placed in a parental school under the provisions of said act, or who being over the age of fifteen years refuses to attend public or private school as directed by his parents, guardian or custodian; or (7) Who habitually uses intoxicating liquor as a beverage; or, who habitually smokes cigarettes; or, who habitually uses opium, cocaine, morphine or other similar drug, without the direction of a competent ph^^sician; or (8) Who from any cause of personal depravity is in danger of grow- ing up to lead an idle and dissolute, or immoral life. "Delinquent person defined." § 4. Within the meaning of this act the word "delinquent person" shall include any person who violates any law of this state, or any ordi- nance of any town, city, county or city and county of this state, defining crime, and which involves jnoral turpitude. Jurisdiction In superior court. Judge not to serve more than three years. Juvenile court record. § 5. The superior court in every county of this state shall exercise the jurisdiction conferred by this act, and, while sitting in the exercise of its jurisdiction, shall be known and referred to as the "juvenile court," and is hereinafter so referred to. In counties having more than one judge of the superior court, the judges of such court shall annually designate one or more of their number whose duty it shall be to hear 1363 JUVENILE COURT. Act 1770, §§ 6, 7 all cases coming under this act; provided, that nc judge shall be desig- nated to serve in such capacity for less than one year; and that no judge shall be designated to serve in such capacity who has already or shall hereafter have served for three consecutive years, until an interval of one year has elapsed; provided, however, that nothing in this section con- tained shall be construed in conflict with that portion of article 6, sec- tion 6, of the constitution of the state of California, applying to the city and county of San Francisco. The orders and findings,^ if any, of the superior court, in all cases coming under the provisions of this act, shall be entered in a book to be kept for that purpose and known as the "ju- venile court record," and the court when acting under this act shall be called the "juvenile court." All cases coming under the provisions of this act shall be heard at a special or separate session of the court, and no other matter shall be heard at such session, nor shall there bo permitted to be present at such session any person on trial, or awaiting trial, or under accusation of crime, who does not come under the provi- sions of this act. WTio may file petition. § 6. Any person may file with the clerk of the superior court a peti- tion showing that there is within the county, or residing therein a neg- lected, dependent or delinquent person, and praying that the superior court deal with such person as provided in this act. Such petition shall be verified and shall contain a statement of facts constituting such neg- lect, dependency or delinquency, as defined in this act, and the names and residence if known to the petitioner, of the parents or guardian of said neglected, dependent or delinquent person. There shall be no fee for filing such petition. Citation. Service. Parents notified. Failure to appear. Warrant of arrest. Hearing. .§ 7. Upon the filing of the petition provided for in section 6 hereof, a citation shall issue, requiring the person or persons having the custody or control of the alleged neglected, dependent or delinquent person, or with whom such alleged neglected, dependent or delinquent person may be, to appear with said alleged neglected, dependent or delinquent per- son at a time and place stated in the citation. Service of such citation must be made at least twenty-four hours before the time stated therein for such appearance. The parents or guardians of said alleged neglected, dependent or delinquent person, if residing within the county in whidi the court sits, and if their places of residence be known to the |u'titioner, or if there be neither parent nor guardian so residing, or if Iheir |)luc(»s of residence be not known to the petitioner, then some relative of sum! alleged neglected, dependent or delinquent person, if any there be roHid- ing within said county, and if his residence and relationship to Huch alleged neglected, dependent or delinquent person be known to petitioner, shall be notified of the proceedings by service of citation rcquinng hiiu Act 1770, § 8 GENERAL LAWS. 1364 or them to appear at the time and place stated in such citation. In any case the judge may appoint some suitable person to act in behalf of said alleged neglected, dependent or delinquent person, and may order such further notice of the proceedings to be given as he may deem proper. If any person, cited as herein provided, shall fail, without reasonable cause, to appear and abide by the order of the court, or to bring said alleged neglected, dependent or delinquent person, if so required in the citation, such failure shall constitute a contempt of said court and may be pun- ished as provided for in other cases of contempt of court. In case such citation cannot be served or the party served fails to obey the same, and in any case in which it shall be made to appear to the court that such citation will probably be ineffective, a warrant of arrest shall issue on the order of the court, either against the parent or guardian, or the per- son having the custody of said alleged neglected, dependent or delin- quent person, or with whom the said alleged neglected, dependent or delinquent person may be, or against the said alleged neglected, depend- ent or delinquent person himself, or any or all said persons; or if there be no person to be served with citation as above provided, a warrant of arrest may be issued against the said alleged neglected, dependent or delinquent person immediately. On the return of the citation or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner. Until the final disposi- tion of any case, the said alleged neglected, dependent or delinquent person may be retained in the possession of the person having charge of said person, or may be kept, upon the order of the court, in some suitable place, provided by the county, or may be held otherwise as the court may direct. Care of neglected persons. Commitment of dependent or delinquent per- sons. Retiim of incorrigibles to court. Change of orders. § 8. When any alleged neglected person under the age of twenty-one years shall be found by said court or judge to be a neglected person within the meaning of this act, the court shall make such order or orders as may be necessary for the care of said neglected person; provided, how- ever, that no such neglected person shall be placed in the care of any family home, association, society, corporation, school or institution, where there are dependent or delinquent persons. When any alleged dependent or delinquent person under the age of twenty-one years shall be found by said court or judge to be dependent or delinquent, within the mean- ing of this act, the court may make an order committing said dependent or delinquent person, for such time as the court may deem fit but not beyond the time when such dependent or delinquent person shall reach the age of twenty-one years, to the home and care of some reputable person of good moral character, or to the care of some association, society or corporation willing to receive him, embracing in its objects the pur- pose of caring for or obtaining homes for dependent or delinquent chil- dren, or to the care of the probation officer, or other person, said depend- 1365 JUVENILE COURT. Act 1770, § 9 ent or delinquent person to remain in his or her home, or in any other home approved by the court; or the court may, if said dependent or delinquent person be a boy of at least sixteen years of age commit him to the Preston School of Industry, or if under sixteen years of age to the Whittier State School during his minority; or, if a girl, commit her to the Whittier State School or to any similar state institution for girls until twenty-one years of age; provided, however, that such commitment under this act to either the Preston School of Industry or the Whittier State School shall permit the transfer of any boy from one institution to the other upon the agreement thereto by the superintendents of both such institutions. Accompanying the commitment papers, the court must submit to the superintendent of such institution a record of all the facts in the possession of the court, covering the history of the person com- mitted, including a statement of the mental and physical condition. Should it develop, either at the time of their presentation, or after having become an inmate thereof, that any dependent or delinquent per- son, who has been committed to either of such institutions, is an improper person to be there retained, or so incorrigible or so incapable of reforma- tion under the discipline of the school to which such person may be com- mitted as to render his or her retention detrimental to the interests of the school, the superintendent may, with the approval of the board of trustees of such institution return such dependent or delinquent person, to the committing court. And in the event of such return, the trans- portation of such dependent or delinquent person shall be made in the same manner; and the compensation therefor, if any, shall be paid for as is provided for in the execution of an order of commitment to such institution. After making any of the above-mentioned orders the court may, from time to time, change or modify the same, or set aside the same, or commit such dependent or delinquent person to such place or institution, and for such time as the court may deem fit, but not beyond the time when such person shall attain the age of twenty-one years. Probation committee. § 9. The judge of the superior court in and for each county, or city and county, of the state, and in counties where there is more than one judge of the said court, the judges of the superior court in said county shall, by order entered in the minutes of the court, appoint seven discreet citizens of good moral character, not more than four of wliom shall be of the same sex, and at least two of whom shall have been mothers, to be known as the "probation committee," and shall fill all vacancies occur- ring in such committee. So far as possible, there shall not be appointed more than one member of such probation committee from the same voca- tion, business or profession. The clerk of said court shall immediately notify each person appointed on said committee and thereupon said per- sons shall appear before the judge of the superior court to whom has been assigned all proceedings under this act and qualify by taking an oath, which shall be entered in said juvenile court records, to perlorm faithfully the duties of a member of such probation committee. Act 1770, §§ 10, 11 GENERAL LAWS. 1366 Term of office. Vacancies. § 10. The members of such probation committee shall hold office for four years, and until their successors are appointed and qualify; provided, that of those first appointed, one shall hold office for one year, two for two years, two for three years, and two for four years, the terms for which the respective members shall hold office to be determined by lot as soon after their appointment as may be. When any vacancy occurs in any probation committee by expiration of the term of office of any member thereof, his successor shall be appointed to hold office for the term of four years; when any vacancy occurs for any other reason, the appointee shall hold office for the unexpired term of his predecessor. Duties of committee. Annual report. Investigation of cases. Detention home. § 11. The juvenile court or the judge thereof may at any time, and upon request of the county board of supervisors, shall require said pro- bation committee or probation officer to examine into the qualifications and management of any society, association or corporation, other than a state institution, receiving, or applying for, any neglected, dependent or delinquent person under this act, and to report thereon to the court. It shall be the duty of each probation committee to prepare each year one or more reports in writing on the qualifications and management of all societies, associations and corporations, except state institutions, ap- plying for or receiving any neglected, dependent or delinquent person under this act from the courts of their respective counties, and in such report said committee may make such suggestions or comments as to them may seem fit; such report to be filed as a public document with the clerk of the juvenile court appointing such committee. The probation committee shall also make to the court an annual report to be filed as a public document prior to the first day of December, copies of which shall be filed with the county board of supervisors and the state board of charities and corrections. It shall be the dut}' of the probation com- mittee to exercise a friendly supervision and visitation over the neg- lected, dependent or delinquent person when so directed by the court, to furnish the court information and assistance whenever required, and, from time to time, to advise and recommend to the court anj- change or modification of the order made in the case of a neglected, dependent or delinquent person as may be for the best interests of such person. Upon request of the probation officer, any member of the probation committee shall investigate the case of any alleged neglected, dependent or delin- quent person coming under the provisions of this act, and render a report thereon to the probation officer. The probation committee shall also have the control and management of the internal affairs of any detention home or branch detention home heretofore or hereafter established by the county board of supervisors; and it shall be the duty of said board of supervisors to provide for the payment of such employees as may be needed in the efficient management of such detention home or branch detention home or homes. 1367 JUVENILE COURT. Act 1770, §§ 12-14 Compensation. § 12. Members of the probation committee shall serve without com- pensation, but shall be allowed their reasonable traveling expenses as approved by the judge of the juvenile court; and the same shall be a charge upon the county in which the court appointing them has juris- diction, and said expenses shall be paid out of the county treasury upon a written order of the judge of the juvenile court of said county direct- ing the county auditor to draw his warrant upon the county treasurer for the specified amount of such expenses. All orders by the juvenile court judge upon the county treasury shall be filed in duplicate with the county board of supervisors. Probation officers. § 13. There shall be appointed, as hereinafter provided, a probation oflScer in every county, and he may appoint as many deputies as he may desire; provided, however, that such deputies shall not have au- thority to act until their appointment shall have been approved by a majority vote of the probation committee, and by the judge of the ju- venile court. The term of office of such deputies shall expire with the expiration of the term of office of the probation officer making such appointments; but either the probation officer, or the probation commit- tee by a majority vote, or the jndge of the juvenile court, may at any time in his or their discretion, revoke and terminate any such appoint- ment. Such deputies, except as hereinafter provided, shall serve with- out compensation. Every probation officer and every assistant probation officer receiving an official salary shall, at the time that he files his oath of office, file with the county clerk of the county his official bond approved by the judge of the juvenile court. The judge of the juvenile court shall have authority bj' an order entered in the minutes of said court to deter- mine and fix the amount of bonds of the probation officer of the county and of his assistants. If said bonds, or any of them, are furnished^ by any surety company licensed to transact business in the state of Cali- fornia, the premium thereon shall be paid out of the couiify tr.'iisuiv. Offices created. Term. Salary. RemovaL § 14. The offices of probation officer and assistant probation oni<'or are hereby created. The probation officers and assistant probation offi- cers to serve hereunder in any county shall be nominated by the proba- tion committee in such manner as the judge of the juvenile court in the respective counties shall direct; and the appointment of such probation officers and assistant probation officers shall then be made by the judge of the respective juvenile courts. The term of office of the probation officers and assistant probation officers shall be two years from tiio date of their said appointment. Ail probation officers and assistant probation officers receiving a salary of seventy-five dollars or more per month shiil devote their entire time and attention to the duties of their offices*, and no such probation officer or assistant probation officer, while holding such office and receiving salary therefor, shall be a candidate or seek Hie Act 1770, §§ 14a-14c general laws. • 1368 nomination for any other public office or employment, and no person shall be appointed to and receive the salary attached to such office of either probation officer or assistant probation officer who is related to the judge of the juvenile court or to a member of the probation committee of such county, by consanguinity or affinity, within the third degree, computed according to the rules of law. Such probation officers and assistant pro- bation officers may at any time be removed by the judge of the juvenile court for good cause shown; provided, that no such probation officer or assistant probation officer shall be removed unless he has been furnished with a specific statement in writing of the reasons for such removal, said statement to be signed by the judge of the juvenile court and by a majority of the probation committee. In counties of first class. § 14a. In counties of the first class there shall be one probation officer and twenty-five assistant probation officers. The salaries of said officers shall be as follows: Probation officer, two hundred and twenty five dollars per month; one assistant probation officer, one hundred and seventy-five dollars per month; one assistant probation officer, one hundred and sixty- two dollars per month; eighteen assistant probation officers, one hundred dollars per month; one assistant probation officer to act as probation officer's clerk, seventy-five dollars per month; one assistant probation officer to act as probation officer's clerk, eighty-five dollars per month; one assistant probation officer to act as stenographer to the probation officer in clerical work, seventy-five dollars per month; one assistant probation officer to act as bookkeeper, seventy-five dollars per month; one assistant probation officer to act as telephone exchange operator and stenographer, sixty-five dollars per month. In counties of second class. § 14b. In counties, or cities and counties of the second class there shall be one probation officer and such assistant probation officers, as may be determined by the board of supervisors or other legislative body of such counties or cities and counties, and said probation officers shall re- ceive such salaries as may be fixed by the board of supervisors or other legislative body of such counties or cities and counties. In counties of third class, § 14c. In counties of the third class there shall be one probation officer and eight assistant probation officers. The salaries of said officers shall be as follows: Probation officer, two hundred dollars per month; one assistant probation officer, one hundred and seventy-five dollars per month; one assistant probation officer, one hundred and sixty dollars per month; one assistant probation officer, one hundred and fifty dollars per month; one assistant probation officer, one hundred and twenty-five dol- lars per month; two assistant probation officers, each one hundred dollars per month; two assistant j^robation officers, each seveuty-five dollars per month. 1369 JUVENILE COURT. Act 1770, §§ 14d-lij In counties of fourth class. § 14d. In counties of the fourth class there shall be one probation officer, one assistant probation officer, and one deputy probation officer who shall act as clerk. The salaries of said officers shall be as follows: Probation officer, one hundred and fifty dollars per month; assistant pro- bation officer, one hundred dollars per month; deputy probation officer, seventy-five dollars per month. In counties of fifth class. § 14e. In counties of the fifth class there shall be one probation officer, whose salary shall be one hundred and fifty dollars per month; and one assistant probation officer, whose salary shall be one hundred and twenty- five dollars per month. In counties of the fourteenth class there shall be one probation officer, whose salary shall be one hundred and twenty-five dollars per month. In counties of sixth class. § 14f. In counties of the sixth class there shall be one probation officer and three assistant probation officers. The salaries of such officers shall be as follows: Probation officer, one hundred and seventy-five dollars per month; one assistant probation officer, one hundred and fifty dollars per month; one assistant probation officer, one hundred dollars per month; and one assistant probation officer to act as ja-obation officer's clerk, one hundred dollars per month. In counties of seventh class. § 14g. In counties of the seventh class there shall be one probation officer and two assistant probation officers. The salaries of said officers shall be as follows: Probation officer, one hundred and seventy-five dollars per month; one assistant probation officer, one hundred and twenty dollars per month; and one assistant probation officer, one hundred dollars per month. In counties of eighth class. § 14h. In counties of the eighth class there shall be one probation officer, whose salary shall be one hundred dollars per month. In counties of ninth class. § 14i. In counties of the ninth class there shall be one probation officer and two assistant probation officers. The salaries of said oniccrs shall be as follows: Probation officer, one hundred dollars per month; one assistant probation officer, seventy-five dollars per mouth; and on- ^--t- ant probation officer, fifty dollars per month. In counties of tenth class. , „ , , .. § 14j. In counties of the tenth class there shall be one probation officer who shall maintain an office in the courthouse at the <'o"uty M-at. The salary of said probation officer shall be one hundred and (ifty dollar.^ per month. Act 1770, §§ 14k-14s general laws. 1370 In counties of eleventh, twelftli, thirteenth, seventeenth, eighteenth, twenty-third, twenty-fifth, twenty-sixth, twenty-seventh, and thirty- third classes, § 14k. In each of the counties of the eleventh, twelfth, thirteenth, seventeenth, eighteenth, twenty-third, twenty-fifth, twenty-sixth, twenty- seventh, and thirty-third classes, there shall he one probation officer. The salary of each of said probation officers shall be one hundred dollars per month. In counties of the thirteenth class, there shall be one a.ssistant probation officer, whose salary shall be twenty-five dollars per month. In counties of the eighteenth class, there shall be four assistant probation officers, whose salary shall be twenty-five dollars per month each. In counties of the twenty-sixth class, there shall be one assistant probation officer, whose salary shall be forty dollars per month. In counties of thirty-fifth class. § 141. In counties of the thirty-fifth class there shall be one probation officer who shall maintain an office in the courthouse at the county seat. The salary of said probation officer shaJl be one hundred dollars per month. In counties of fifteenth class. § 14m. In each of the counties of the fifteenth class there shall be one probation officer. The salary of said probation officer shall be eighty dol- lars per month. In counties of sixteenth, nineteenth, twentieth, twenty-second, thirtieth, and thirty second classes. § 14n. In each of the counties of the sixteenth, nineteenth, twentieth, twenty-second, thirtieth and thirty-second classes there shall be one pro- bation officer. The salary of each of said probation officers shall be fifty dollars per month. In counties of thirty-fourth class. § 14p. In counties of the thirty-fourth class there shall be one proba- tion officer. The salary of said probation officer shall be eighty dollars per month. In counties of thirty-first class. § 14q. In counties of the thirty first class there shall be one probation officer. The salary of said probation officer shall be sixty dollars per month. In counties of twenty-first, thirty-ninth and forty-second classes. § ]4r. In each of the counties of the twenty-first, thirty-ninth and f3:ty-second classes, there shall be one probation officer. The salary of each of said probation officers shall be fiftj' dollars per month. In counties of thirty-eighth class. § 14s. In counties of the thirty eighth class there shall be one proba- tion officer and one assi.staut probation officer. The salary of said officers 1371 JUVENILE COURT. Act 1770, §§ 14t-17 shall be as follows: Probation officer, seventy dollars per month; assistant probation officer, fifty dollars per month. In counties of forty-eighth class. § 14t. In counties of the forty-eighth class there shall be one proba- tion officer whose salary shall be twenty-five dollars per month. In counties of forty-fourth, fiftieth, fifty-second and fifty-fifth classes. § 14u- In each of the counties of the forty fourth, fiftieth, fifty-second, and fifty-fifth classes there shall be one probation officer. The salary of each of said probation officers shall be ten dollars per month. In counties of fifty-seventh and fifty-eighth classes. § 14v. In each of the counties of the fifty-seventh and fiftj' pijjhth classes there shall be one probation officer. The salary of each of said probation officers shall be five dollars per month. In other counties. § 142. In every other county than those heretofore expressly enumer- ated the salary of the probation officer shall be thirty-five dollars per month, Payinent of salaries and expenses. § 15, The salaries of all probation officers and assistant probation officers shall be paid out of the county treasury of the county for which they are appointed, respectively, in the same manner as the salaries of the county officers. The probation officers and assistant probation officers and deputy probation officers in all counties of the state shall be allowed such necessary incidental expenses incurred in the performance of their duties as required by any laws of the state of California as may be au- thorized by the judge of the juvenile court; and the same shall _be_ a charge upon the county in which the court appointing them has jurisdic- tion, and said expenses shall be paid out of the county treasuryupon a written order of the judge of the juvenile court of said county directing the county auditor to draw his warrant upon the county treasurer for the specific amount of such expenses. The probation officer and the clerk of the juvenile court shall each keep a classified list of expenses and lilo a duplicate copy with the county board of supervisors. Duty of clerk. , ... § 16. It shall be the duty of the clerk of any court before whiHi an alleged neglected, dependent or delinquent person is brought under the provisions of this act, before hearing, to notify the probation oOicer or the county thereof. Duties of probation officers. Powers of school attendance officer. Re- port. Duties may be performed by assistant. § 17. The probation officer shall inquire into the antor-edentH, rliar- acter, family history, environment and cause of .l.'i'.M.don, y, or deliu Act 1770, § 17 GENERAL LAWS. 1372 quency of every alleged neglected, dependent or delinquent person brought before the juvenile court, and shall make his report in writing to the judge thereof; it shall also be the duty of said probation oflScer, to be present in court in order to represent the interests of the neglected, dependent or delinquent person when the case is heard, and to furnish to the court such information and assistance as it may require and to make such report at such time; and to take charge of said neglected, depend- ent or delinquent person before and after the hearing as may be ordered. Whenever any person is declared neglected, dependent or delinquent under the provisions of this act, and is placed in or committed to the care and custody of the probation officer, the case may be transferred to the juvenile court of any county of this state, in which such person resides or to which such person shall remove, and such court shall there- after have entire jurisdiction over said case. Every probation officer, assistant probation officer and deputy probation officer shall have the powers of a peace officer. At any time the probation officer may bring any neglected, dependent or delinquent person placed in or committed to his care before the court for such further or other action as the court may deem proper. Before any neglected person is replaced, or any de- pendent or delinquent person is recommitted, the probation officer shall inquire into the reasons assigned for such action and shall be present in court in order to represent the interests of such person. Every proba- tion officer shall have the powers of a school attendance officer, in such portions of the county, in which such probation officer has been appointed, as are not otherwise provided with a school attendance officer, and shall exercise such powers when not inconsistent with his other duties. Every probation officer, within fifteen days after the thirtieth day of June, and within fifteen daj^s after the thirty-first day of December, of each year, shall make in writing and file as a public document a report to the judge of the juvenile court of the county in which such probation officer is appointed, and shall furnish to the county board of supervisors and to the secretary of the state board of charities and corrections of this state a copy thereof. Such report without giving names shall state separately the exact number of neglected, dependent and delinquent persons, segre- gating male and female, who have been committed by such juvenile court to the care and custody of such probation officer, and the exact number of such persons who are wards of such juvenile court, but of whose cases other disposition has been made, as such number exists deducting all cases dismissed, or where such person has passed the age of twenty-one years upon such thirtieth day of June and such thirty-first day of Decem- ber, segregating such persons as having been adjudged by such juvenile court to be neglected, dependent or delinquent, as the case may be, in 1903, 1904, 1905 and so on, up to and including the calendar year in which such report is made and filed. Any of the duties of a probation officer may be jierfornied by an assistant or deputy probation officer, and shall be so performed whenever directed by the probation officer; and 1^73 JUVENILE COURT. Act 1770, § 18 it shall be the duty of the probation officer to see that his assistant and deputy probation officers perform their duties. Cases of persons under eighteen to be transferred to juvenile court. Bail pending hearing. Persons eighteen or over. Person may be re- manded. Statutes of limitation suspended. § 18. Whenever a deposition or complaint shall be filed in any court other than a superior court, charging a person with a crime and it shall be suggested to the judge, justice or recorder before whom such person is brought that the person charged is under the age of eighteen years, said judge, justice or recorder shall immediately suspend all proceedings against such person on said charge and examine into the age of such person, and if, from such examination, it shall appear to the satisfac- tion of said judge, justice or recorder that such person is under the age above specified, he shall forthwith certify to the juvenile court of his county (a) that said person (naming him) is charged with such crime (brieiij' stating its nature); (b) that such person appears to be under the age of eighteen years, giving date of birth when known, and (c) the suspension of proceedings against such person on such charge by reason of his age, with the date of such suspension; and immediately thereupon all proceedings against the said person on said charge shall be suspended until said juvenile court shall issue its mandate, as hereinafter provided, directing the court before which said charge was made to proceed with the examination into or trial thereof, and the court so suspending its proceedings shall forthwith cause such person to be taken before the juvenile court of the county for consideration and proceedings under this act. When such person shall be brought before the judge of the juvenile court said judge shall cause a complaint to be filed as provided in sec- tion 6 of this act and shall fix a time for considering said matter and shall cause citation to be issued, as provided in section 9 of this act. Pending such hearing, said judge may admit such person to bail or other- wise provide for his temporary custody in any manner provided heroin for the care of a delinquent person after the finding of his delinquency. The judge of said juvenile court may further investigate the age of such person and may also inquire into the condition and care of such fiorson and make such'orders for his disposition under the provisions of this act as he may deem proper. If said judge shall, after such invcstigatiou, decide that the person was at the time said offense wns alleged to have been committed of the age of eighteen years or more, such determina- tion shall be conclusive and he shall immediately issue his mandate direct- ing the court before which such charge is pending to proceed therewith, and upon receipt of such mandate said court shall proceed with the exam- ination or trial of said charge as though no susiiension thereof had taken place; provided, however, that if the court shall find that tlio person so charged is under the age of twenty-one years hut a fit subject for con sideration under the provisions of this act, he may make siK'h r^^lrr or orders hereunder as he may deem best in relation to such pcrsou; pro- Act 1770, § 19 GENERAL LAWS. 1374 vided, further, however, that if such judge shall at any time conclude that such person is not a fit subject for further consideration under this act, he may remand such person to the court in which said person is charged with said offense for further proceedings on said charge, and upon receipt of the mandate of said juvenile court, or the judge thereof, the court before which said charge is then pending shall be vested with full authority to proceed with the examination or trial thereof. All statutes of limitations relating to the charge so pending against such person shall be suspended as to said person and charge from the issuance by said judge, justice or recorder of his certificate hereinbefore provided for until said juvenile court, or judge thereof, shall issue its mandate re- manding such person for further proceedings as aforesaid; and all statutes of limitation relating to any charge, made in any court, against any person under the age of twenty-one years, shall be suspended as to such charge and person whenever, and as long as, such person is before the juvenile court for consideration under the provisions of this act, or is detained by virtue of any commitment issued hereunder and unrevoked; provided, however, that if said delincjuont person shall be discharged by the juvenile court as reformed, such order of discharge shall constitute a bar to any further proceedings in any court against said delinquent person upon said charge. Petition that person under twenty-one is neglected, etc. Notice. Prose- cution under general law. § 19. Whenever it is claimed that any person under the age of twenty-one years is a neglected, dependent or delinquent person as de- fined in this act, a verified petition shall be filed in the juvenile court of the county wherein said alleged neglect, dependency or delinquency occurred, stating such neglect, dependency or delinquency and the facts constituting the same, and that said neglected, dependent or delinquent person is under the age of twenty-one years, and praying that the said court shall adjudge said person to be a neglected, dependent or delinquent person within the meaning of this act. Notice shall be given of the time and place of hearing as in the case of a person alleged to be a neglected, dependent or delinquent person, and the petition shall be heard at the time and place designated by the juvenile court. If the court shall adjudge said person to be a neglected, dependent or delin- quent person, within the meaning of this act, such order shall be made as is meet in the premises, as in this act provided. If upon said hear- ing said court shall determine that a delinquent person is not a fit and proper subject to be dealt with under the reformatory provisions of this act, said court may dismiss the petition hereunder and direct that such delinquent person be prosecuted under the general law. No dependent or delinquent person under eighteen years of age shall be prosecuted for crime until the matter has first been submitted to the juvenile court by petition as herein provided, or by certificate of the lower court as ^provided in section 16 hereof. 1375 JUVENILE COURT. Act 1770. § 20 Persons eighteen to twenty-one accused of felony. Persons not amenable to state schools. Trial in ordinary manner. May be transferred to penitentiary. § 20. Whenever any person over the age of eighteen years and under the age of twenty-one years is accused of a felony, and the indictment or information has been filed in the superior court of the count}^ wherein the crime was committed, charging said person with the commission of said felony, the judge may, in his discretion, with the consent of the accused, or upon his request, arrest said proceeding at the time of arraignment or at any time previous to the impanelment of a jury, except where the crime charged is a capital offense, and may proceed to investigate the charge against the defendant, and all the facts and cir- cumstances necessary to determine the proper disposition to be made of said person, and shall determine whether said person shall be dealt with as a delinquent under the provisions of this act. If the court is satisfied upon such investigation that said person should be declared a delinquent and should be dealt with under this act, it may make such order as herein provided for the disposition of delinquent persons. If such per- son thereafter prove not to be amenable to the discipline of the state school to which he may be committed, and the trustees thereof shall de- termine that said person should be committed to a state penitentiary, such person shall be returned to the custody of the sheriff of the county in which such crime was committed, and thereafter proceedings shall be had upon the indictment or information commencing at the point at which proceedings were arrested; and said person shall be tried for the offense alleged in the information, and if convicted shall be sent to the penitentiary for such time as the court may determine, or otherwise dealt with in accordance with the law for dealing with persons convicted of a felony. If no request is made by the defendant for proceedings under this statute, or if the defendant desires a trial by jury, or if the judge declines to consent to the application of the defendant for proceedings under this statute, said cause shall proceed in the ordinary manner up to the verdict of guilty or not guilty as the case may be. If said per- son is convicted, the court may thereafter receive such evidence as may be offered, touching the question as to whether or not said person should be dealt with as a delinquent in the manner hereinbefore provided in case of the application and consent of the accused before trial, and may make such order of probation or commitment to said state schools, and may from time to time modify said probation orders, as is herein pro- vided in the case of persons adjudged delinquent. If such person during the period of his commitment to said state institution, proves to be in^ corrigible or not amenable to the discipline of such institution, and it shall be deemed advisable in the judgment of the trustees^ of such instp tution that said person be sent to the penitentiary, then said person shall be returned to the superior court in which the verdict was rendered, for sentence, and thereupon the court shall pronounce judgment. Act 1770, §§ 21, 22 general laws. 1376 Custody of person pending hearing. § 21. In the case of a person alleged to be delinquent within the meaning of this act, the juvenile court may, pending the hearing, at any time before the person is adjudged delinquent or otherwise disposed of, order that said person be detained in any detention home, provided for that purpose by any county or it may be otherwise temporarily pro- vided for as to the court may seem fit in any manner provided herein for the care of a person after the termination of his delinquency. Care of persons found dependent or delinquent. Jurisdiction of court until person is twenty-one. Commitment to state schools. Examina- tion of person accused of felony. Minor under fourteen. § 22. If the court find a person to be dependent or delinquent, then the court may commit such person to the care and custody of the pro- bation officer and may allow the said person to remain in the home of said person, subject to the visitation of a probation officer, and such per- son shall report to the probation officer as often as may be required, and be subject to be returned to the court for further proceedings when- ever such action may appear necessary or desirable, or the court may commit the person to the care and custody of the probation officer, to be placed in a suitable family home subject to the supervision of said probation officer and the further order of the court; or it may order the probation officer to board out the person in some suitable family home in case provision is made by voluntarj' contribution or otherwise for the payment of the board of said person until suitable provision may be made for said person in a home without such payment; or the court may commit said person for such time until such person arrives at the age of twenty-one years as to the court may seem fit, to the care and custody of some association, society or corporation that will receive him, embracing within its objects the care of dependent or delinquent chil- dren; or the court may commit said person to a state school as herein- before provided, or to such other state institution as may be authorized by law to receive it; provided, further, that should the legislative bodj' of the county provide a suitable place for the detention of dependent or delinquent persons which they are hereby authorized and required to do, such dependent or delinquent persons may be committed thereto after the adjudication of dependency or delinquency for a definite period to be specified in such order, at the end of which time said person shall be brought before the court for further order of court. The court may thereafter set aside, change or modify said order and provide for a fur- ther detention in said place. The court shall retain the jurisdiction of any person who is found to be dependent or delinquent until such per- son attains his majority, or if a girl, until she attains the age of twenty- one years, unless she is married with the consent of the court, or until said court is satisfied that said person has fully reformed and that fur- ther direction and supervision under the provisions of this act are un- necessary for said person's reformation. If a boy, under the age of 1377 JUVENILE COURT. Act 1770, § 23 sixteen years, said person may be committed by said court to the Whit- tier State School or if over the age of sixteen years, the Preston State School of Industry at any time during his minority for the period of his minority. If a girl, she may be committed to the said Whittier State School at any time before she is twenty-one years of age until she is twenty-one years of age. Such person may be committed to any other institution now or hereafter provided by the state for such persons. Upon the return of said person to the custody of the juvenile court, if said person be accused of felony, it shall be the duty of the .i"dge of said court to sit as a committing magistrate and hold the preliminary examination of such person, and if upon said hearing he shall deter- mine that there is probable cause to believe that the said person has committed the offense charged in the petition theretofore filed in said court, he shall hold such person to answer to the superior court, and thereupon, the usual proceedings shall be had for the trial of said case in the superior court after the filing of the information in pursu- ance to said order of said judge sitting as a committing magistrate, and said person shall be tried by court and jury in the usual manner for the trial of a felony; provided, however, that no minor under the age of fourteen years at the time of the commission of the offense with which he is charged shall ever be sent to a penitentiary until he has first been committed to the Whittier State School or the Preston State School of Industry and has there proved to be incorrigible or not amenable to the discipline of said school. No minor who is under the age of eight years and no one who is suffering from any contagious, infectious or other disease which would probably endanger the lives or health of the other inmates of said state schools shall be committed thereto. No person shall be committed to said state schools unless the judge of said court shall be fully satisfied that the mental and physical condition and qualifications of said person are such as to render it probable that such person will be benefited by the reformatory educa- tional discipline of such schools. Expense of maintaining neglected, etc., persons. Parents unable to pay expenses. § 23. Any order providing for the custody of a neglected, dependent or delinquent person may provide that the expense of maintaining such person shall be paid by the parent or parents or guardian of such person, and in such case shall state the amount to be so paid, and shall deter- mine whether or not the parent or parents or guardian shall exercise any control of said person, and define the extent thereof. Any dis- obedience of such order or interference with the custody of the person as therein determined shall constitute a contempt of court. It shall bo the duty of the probation officer to investigate and report in writinR at the first session of the juvenile court held after the fir.^t days "f January, April, July and October of each year, whether said orderg 87 Act 1770, §§ 24-26 general laws. 1378 have been obeyed. If it be found, however, that the parent or parents or guardian of a neglected, dependent or delinquent person is unable to pay the whole expense of maintaining such person, the court may, in the order providing for the custody of such person, direct such additional amount as may be necessary to support such person to be paid from the county treasury of the county for the support of such person, the amount so ordered to be paid from the treasury of said county not to exceed, in case of any one person the sum of eleven dollars per month; provided, that no order for the payment of all or part of the expense of support and maintenance of a neglected, depend- ent or delinquent person from the county treasury shall be effective for more than six months, unless a new order is secured at the expira- tion of that period. The court may thereafter set aside, change or modify any order herein provided for. All orders by the juvenile court judge upon the county treasury shall be filed in duplicate with the county board of supervisors. Orders may be changed. Parole system not affected. § 24. Any order made by the court in case of a dependent or de- linquent person may at any time be changed, modified or set aside as to the judge may seem meet and proper. Nothing in this act contained shall be deemed to interfere with the system of parole and discharge that is now or may hereafter be provided by law, or by rule of the board of trustees of the Whittier State School and the Preston State School of Industry, respectively, for the parole and discharge of de- pendent and delinquent persons committed to the said schools or to any similar state institutions hereafter created, or with the internal man- agement of the said schools, save that the court committing a person to either of said schools may thereafter change, modify or set aside said order of commitment upon ten days' notice of the hearing of the application therefor being served by United States mail upon the superintendent of the said school to which said person had previously been committed. Private hearing. § 25. Any alleged neglected, dependent or delinquent person may have a private hearing upon the question of his neglect, dependency or delinquency, and upon the request of said person or said persons and either of his parents or guardian, such hearing may be had privately in the manner provided by law for private hearings at preliminary examinations. An^order of court adjudging a person neglected, depend- ent or delinquent under the provisions of this act shall in no case be deemed to be a conviction of crime. Person under sixteen not to be committed to jail before conviction. § 26. No court, judge, magistrate or peace officer shall conimit a person under sixteen years of age to any jail or prison, before trial and conviction, but if any" such person is not released pending such hearing, 1379 JUVENILE COURT. Act 1770, §§ 27, 28 he may be committed to the care and custody of a sheriff, constable or other peace officer, who shall keep such person in a detention home or some other suitable place outside of the inclosure of any jail or prison, as the court may direct. When any person under sixteen years of age shall be sentenced to confinement in any institution to which adult convicts or prisoners are sentenced or confined, it shall be unlawful to confine such persons in the same room, yard or inclosure with such adult convicts or prisoners, or to permit such person to come or remain in contact with such adult convicts or prisoners. Detention homes. Superintendent. § 27. It shall be the duty of the legislative body of every county, or city and county, immediately upon this act becoming effective, to provide and thereafter maintain, at the expense of such county, or city and county, in a location approved by the judge of the juvenile court, a suitable house or place to be known as the "detention home" of said county, or city and count}', for the detention of dependent and delinquent persons. Such detention home must not be in, or connected with, any jail or prison, and shall be conducted in all respects as nearly like a home as possible, and shall not be deemed to be or treated as a penal institution. Such legislative body must also provide for a suitable superintendent and matron to have charge of such detention home, and for such other employees as may be needed in the efficient management of such detention home, and provide for the payment, out of the general fund of the county, or city and county, of suitable salaries for such superintendent and matron, and such other employees, such superintendent, matron and other employees to be appointed by said legislative body, upon the nomination of the probation committee and approval of the judge of the juvenile court. The superintendent of the detention home shall keep a classified list of expenses, and file a duplicate copy with the county board of supervisors. The super- intendent, matron or other employee of such detention home may, at any time, be removed by the probation committee, in its discretion. Penalty for encouraging delinquency. § 28. Any person who shall commit any act or omit the performance of any duty, which act or omission causes or tends to cause, encourage or contribute to the dependency or delinquency of any person under the age of twenty-one years, as defined by any law of this state, or any person who shall, by any act or omission, threats or pominands or persuasion, endeavor to induce any such person, under twenty one years of age, to do or to perform any act or follow any course of conduct, or to so live as would cause or manifestly tend to cause any such person to become, or to remain a dependent or delinquent person shall be guilty of a misdemeanor, and, upon conviction thereof, slinll ho punished by a fine not exceeding one thousand dollars, or impriHonment in the county jail for not more than one year, or by both such line Act 1770, §§ 29, 30 general laws. 1380 and imprisonment, and the superior court, sitting as juvenile court, shall have original jurisdiction of all such misdemeanors; but no person shall be tried on the charge of contributing to the dependency and delinquency of any person under the age of twenty-one years, before the same judge who has heard or before whom is pending the case of the person under the age of twentj'-one years to whose dependency or delinquency such person is alleged to have contributed. fJonstruction of act. Not to be taken from custody of parents, etc. § 29. This act shall be liberally construed to the end that its pur- pose may be carried out, to w^it: That the care, custody and discipline of a neglected, dependent or delinquent person as defined in this act shall approximate as nearly as may be that which should be given by his parents, and in all cases where it can be properly done, the neglected, dependent or delinquent person as defined in this act shall be placed in an approved family, with people of the same or similar religious belief, and become a member of the family, by legal adoption or other- wise, or if placed in the care of or committed to an association, society, corporation, school or institution, then to one of the same or similar religious belief. No neglected, dependent or delinquent person as de- fined in this act shall be taken from the custody of his parent or legal guardian, without the consent of such parent or guardian, unless the court shall find such parent or guardian to be incapable of providing, or to have failed or neglected to provide proper maintenance, training, and education for said person; and in no case unless the parent or guardian to be incapable of providing, or to have failed or neglected to provide proper maintenance, training and education for said person; and in no case unless the parent or guardian has been duly notified to be present in court before or at the time of placement or commitment or recommitment, or unless said person if dependent or delinquent has been tried on probation in said custody, and has failed to reform. In this act words used in any gender shall include all other genders, and the word "county" shall include "city and county," the plural shall include the singular and the singular shall include the plural. Appeal. § 30. An appeal to the district court of appeal shall lie from any decision and judgment of the juvenile court. The party appealing shall serve on the opposite party and file a notice of such appeal within fifteen days from the day of rendition of the judgment from which the appeal is taken. It is hereby made the duty of the judge of the juvenile court when such an appeal is taken, to find the facts of the case based upon a preponderance of evidence in the form of a special finding and the appellate court shall pass upon the sufficiency of the evidence to sustain the judgment rendered. In case the party appealing questions the sufficiency of the evidence to warrant the findings made by the court, such evidence shall be incorporated in a bill of exceptions pre- 1381 JUVENILE COURT. Act 1770, §§ 31, 32 pared by the appellant within fifteen days after the notice of appeal shall have been served on the opposite party and filed as aforesaid. The opposite party shall within ten days prepare and serve on appellant proposed amendments to such bill of exceptions, which amendments shall be settled by the judge within five days thereafter. Within ten days after the settlement of said bill of exceptions, the appellant shall engross the same and serve a copy on the opposite party and also on the attorney general, and file the original thereof, together with proof of service as herein required indorsed thereon, with the clerk of the juvenile court who shall immediately transmit the same to the court to which the appeal is taken with his certificate that such bill of exceptions is correctly engrossed. An assignment of error that the decision of the juvenile court is contrary to law shall be sufficient to present both a sufficiency of the facts found to sustain the judgment and a sufficiency of the evidence to justify the findings. Appeals from the juvenile court shall have precedence in the court to which such appeal is taken over all other cases. The prosecution and appeal of such cases shall be governed as to costs and as to all other matters not herein provided for by the statutes governing appeals and criminal causes. Acts superseded. § 31. This act shall supersede all provisions of the act entitled "An act to establish a state reform school for juvenile offenders, and to make an appropriation therefor," approved March 11, 1889, and all amendments thereto, and all provisions of the act entitled "An act to establish a school of industry, to provide for the maintenance and man- agement of same, and to make an appropriation therefor," approved March 11, 1889, and all amendments thereto, relating to the mode of commitments to the institutions therein named; but said acts shall con- trol as to all matters concerning the management of said institutions, respectively. Repealed. Saving clause. § 32. An act entitled "An act defining and providing for the con- trol, protection, and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; pro- viding for the appointment of probation officers, and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; providing for the appoint- ment of boards to investigate the qualifications of orKanizations re- ceiving children under this act, and prescribing the duties of such boards; and providing when proceedings under this act shall bo admis- sible in evidence," approved February 26, 1903; and the amendments thereto, approved March 22, 1905, and March 27, 1907, are hereby repealed; provided, however, that all orders and judgments made iiore- tofore under said act shall continue in full force and utTcct, and that Acts 1790a-1794: general laws. 1382 the court shall retain jurisdiction of all children heretofore declared dependent or delinquent, and such children shall be hereafter dealt with in the same manner as if such orders had been made under the pro- visions of this act, and all proceedings now pending shall be continued under the provisions of this act. All children now on probation from justice courts shall remain on probation for the period fixed in the judg- ment, and if required may be certified to the superior court in the manner in said act provided. When so certified the said certificate shall be dealt with in the same manner as herein provided for a petition alleg- ing delinquency. Citations. Cal. 157/418. App. 13/738, 739; 14/513; 17/678, 679, 741, 742; 18/739, 741; 19/548, 649, 551, 600, 602, 603, 605, 608, 609, 610. TITLE 252. KEEN COUNTY. ACT 1790a. An act to increase the number of judges of the superior court of the county of Kern, and to provide for the appointment of an additional judge. [Approved April 14, 1913. Stats. 1913, p. 23.] Additional judge for Kern county. § 1. The number of judges of the superior court of the county of Kern, is hereby increased from two to three. § 2. Within thirty days after the taking effect of this act, the gov- ernor shall appoint one additional judge of the superior court of the county of Kern, state of California, who shall hold office until the first Monday after the first day of January, A. D. nineteen hundred and fif- teen. At the general election to be held in November, 1914, a judge of the superior court of said county shall be elected in said county, who shall be the successor of the judge appointed hereunder, to hold office for the term prescribed by the constitution and by law. Salary, § 3. The salary of said additional judge shall be the same in amount, and shall be paid at the same time, and in the same manner, as the salary of the other judges of the superior court of said county now au- thorized by law. ACT 1794. An act fixing the salaries of the judges of the superior court of the state of California, in and for the county of Kern, and providing for the payment thereof. [Approved May 1, 1911. Stats. 1911, p. 1421.] 1383 LABOR STATISTICS. Acts 1827, 1828 Salary of superior judges of Kern county. § 1. The annual salary of each of the judges of the superior court of the state of California in and for the county of Kern is five thousand dollars; one half thereof to he paid by the said state and the other half thereof by the said county; at the same times and in like manner as the salaries of the other judges of the superior court of said state are paid. § 2. All acts and parts of acts so far as they conflict with this act are hereby repealed. § 3. This act shall take effect and be in force from and after its pas- sage. TITLE 259. LABOR STATISTICS. ACT 1827. An act directing the commissioner of the bureau of labor statistics to collect certain statistics, and present them in biennial reports, and making it the duty of certain officers to furnish such statistics in compliance with the provisions of this act. [Approved March 18, 1905. Stats. 1905, p. 109.] Repealed June 2, 1913 (Stats. 1913, p. 371). ACT 1828. An act to establish and support a bureau of labor statistics. [Approved March 3, 1883. Stats. 1S83, p. 27.] Amended 1889, p. 6; 1901, p. 12; 1907, p. 306; 1909, p. 36; 1911, pp. 39, 1205. The amendments of 1911 are as follows: Term of labor commissioner. § 1. As soon as possible after the passage of this act, the governor of this state shall appoint a suitable person to act as commissioner of a bureau of labor statistics. The headquarters of said bureau shall ho located in the city and county of San Francisco. Said commissioner shall hold office and serve solely at the pleasure of the governor, and not other- wise. [Amendment approved February 13, 1911; Stats. 1911, p. 39.] Deputies of labor commissioner. § 9. The commissioner shall appoint two deputies, who shall have the same power as said commissioner, one of whom shall reside in the city and county of San Francisco and the other in the city of Los Angeles; one assistant deputy, who shall reside in the county of Los Angeles; a statistician; a stenographer, and such agents or assistants, as he may from time to time require, at such rate of wages as he may prescribe, but said rate must not exceed five dollars per day, and actual traveling Act 1829, § § 1-3 GENER^U. LAWS. 13&4 expenses for each person while employed. He shall procure rojoms neces- sary for offices, at a rent not to exceed the sum of one hundred and fifty dollars per month. [Amendment approved April 28, 1911; Stats. 1911, p. 1205.] Salaries. § 10. The salarj' of the commissioner shall be three thousand dollars per annum, the salary of each deputy commissioner shall be twenty-four hundred dollars per annum, the salary of the assistant deputy shall be twenty-one hundred dollars per annum, the salary of the statistician shall be twenty-one hundred dollars per annum, the salary of the stenographer shall be twelve hundred dollars per annum, to be audited by the con- troller and paid by the state treasurer in the same manner as other state officers. There shall also be allowed a sura not to exceed twenty thou- sand dollars per annum for salaries of agents or assistants, for traveling expenses, and for other contingent expenses of the bureau. [Amendment approved April 28, 1911; Stats, 1911, p. 1205.] ACT 1829. An act to create the office of attorney for the state bureau of labor statistics. [Approved June 4, 1913. Stats. 1913, p. 382.] Attorney for state bureau of labor statistics. § 1. The office of attorney for the state bureau of labor statistics is hereby created. Said attorney shall be appointed by the commissioner of the bureau of labor statistics. Duties. § 2. It shall be the duty of such attorney to act for and represent the state bureau of labor statistics and the commissioner thereof in all legal matters which may require the attention of such state bureau of labor statistics and the commissioner thereof, and to specially represent and act for and in co-operation therewith when required, in the preven- tion of all acts and things which, in the judgment of the state bureau of labor statistics or the commissioner thereof, as will best subserve and carry out the provisions of an act entitled, "An act to establish and sup- port a bureau of labor statistics," approved March 3, 1SS3; and also, all other acts which have been or may be hereafter designated by the legis- lature to be enforced by said state bureau of labor statistics or the com- missioner thereof, and in all other matters pertaining to the welfare of minors and labor generally and to assist and aid the said bureau and the commissioner thereof with his advice, and to represent and act for the same in court. Salary. § 3. The salary of such attorney shall be twenty-four hundred dollars per annum and shall be paid out of the state treasury, upon warrants 1385 LEASES. Acts 1864-1890 drawn by the controller, in the same manner as the salaries of other state officers are paid. § 4. All acts and parts of acts in conflict with this act are hereby repealed. TITLE 266. LAKE TAHOE. ACT 1864. An act to make an appropriation for the general improvement of the Lake Tahoe wagon road; a state highway. [Approved March 31, 1911. Stats. 1911, p. 529.] The act appropriated fifteen thousand dollars for the purpose indicated and provided that the Department of Engineering should have full charge of the ■wurk. ACT 1865. Au act to make an additional appropriation for the completion of the road from Meyei-'s Station to the head of the Tahoe state wagon road along the west shore of Lake Tahoe, to McKinney's. [Approved June 7, 1913. Stats. 1913, p. 869.] Appropriation. Completion, road from Meyer's station to McKinney's. § 1. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sum of twenty-three thousand dollars for the completion of the road from Meyer's station at the head of the Tahoe state wagon road along the west shore of Lake Tahoe, to McKinney's. Thirteen thousand dollars shall be available on the first day of July, 1913, and ten thousand dollars on the first day of July, 1914. Work under Department of Engineering. § 2. The work of locating, surveying and constructing said highway is placed under the management and control of the Department of En- gineering. § 3. The state controller is hereby directed to draw his warrants in such sums and at such times as the state engineer may present claiiiia therefor, and the state treasurer is directed to pay the same. TITLE 271. LEASES. ACT 1890. Citations. Cal. 161/619. Act 1901, § 1 GENERAL LAWS. 1386 TITLE 273. LEGISLATION. ACT 1901. An act to establish a legislative counsel bureau and making an appro- priation therefor. [Approved May 26, 1913. Stats. 1913, p. 626.] Legislative council bureau created. Board. Appointment by governor. Vacancies. Chief of bureau. Term. § 1. A bureau is hereby created to be known as the legislative counsel bureau which shall be in charge of a chief to be appointed by and act under the supervision of a board as herein provided to be known as the "legislative counsel bureau board." Said appointing board shall consist of five members, one of whom shall be the governor or anyone acting for and at the request of the governor in that behalf from time to time. Two members of the board shall be chosen by the senate from its mem- bers for a term of four j'ears subject to the power of the senate to at any time change such members. Two members of the board shall be chosen by the assembly from its members for a term of two years sub- ject to the power of the assembly to at any time change such members. The two members chosen by the senate shall not be of the same political party, and the two members chosen by the assembly shall not be of the same political party. The first selection of said members chosen by the senate and assembly respectively shall be made prior to adjournment of the fortieth regular session of the legislature of the state of California, said terms to commence upon the taking effect of this act; provided, however, that if either or both the senate and the assembly shall fail to make such selections before the adjournment of said session, then the governor shall make such selections of two members from each house so failing to select for the terms herein provided, subject to the restric- tions hereinbefore set forth as to party affiliation of members. Sub- sequent selections by the respective houses shall be made at the regular session of the legislature next preceding the expiration of said terms of office or any vacancy therein, and incumbents on the board chosen by either house of the legislature shall be eligible to re-election. Vacan- cies in the board occurring during the interim between sessions of the legislature shall be filled by the governor, subject to the above restric- tions as to the political affiliations of the appointees, such appointees to hold office until the succeeding session of the legislature. The chief shall be chosen without reference to party affiliations, and solely on the ground of fitness to perform the duties of his office, and must have prac- tical knowledge of the substantive and remedial law of the state of California. He shall hold office for the term of four years unless sooner removed between any regular or special session of the legislature by an affirmative vote of four members of the board upon charges made with a public hearing and published findings thereon, or by any regular or 1387 LEGISLATION. Act 1901, §§ 2, 3 special session of the legislature without notice or trial, two-thirds of the members of each house voting therefor. Duties of chief. § 2. It shall be the duty of the chief of the legislative counsel bureau, and the work of that bureau, to prepare and assist in the preparation, amendment and consideration of legislative bills when requested or upon suggestion as herein provided. He shall devote his whole time and at- tention to forwarding the work of the bureau, and it shall be his duty to make such study as said board may direct of the laws of this stato and other states as may the better enable the bureau^ to do its work, and advise, as occasion may arise, as to needed revision of the statutes. Preparation of legislative bills. Not to urge legislation. § 3. The legislative counsel bureau and its chief shall prepare or as- sist in the preparation or amendment of legislative bills at the suggestion, in writing and as herein set forth, of the governor of the state, or of any judge of the supreme court or of the district courts of appeal or of the superior courts of the state, or of any committee of the senate or as- sembly of the legislature of the state. All such suggestions shall set forth the substance of the provisions desired or which may be needed with the reasons therefor. Such suggestion by a judge of the supreme court shall be filed with the clerk of that court. Such suggestion by a judge of a district court of appeal shall be filed with the clerk of that court. Such suggestion by a judge of a superior court shall be filed with the clerk of the district court of appeal of the district within which such superior court is located. When such suggestion is so filed with the clerk of the supreme court or of a district court of appeal, that clerk shall make and send to the permanent office of said bureau a certified copy of such suggestion, and all other suggestions shall be filed at said office, and all such papers so received at such office shall be there permanently filed and recorded and copies furnished to the chief of the legislative counsel bureau; all provided, that from the time the legislature of the state convenes until it is adjourned finally, the legislative counsel bureau and its chief shall give such consiileration to and service concerning any bill before the legislature, which circumstances will permit, and which is in any way requested by the governor of the state or the senate or thn assemblv or any committe"e of the legislature having such bills before it for consideration, and after such adjournment the cliief of the legislative counsel bureau shall still remain so subject to such request by the gov- ernor of the state as to any bill still in his hands for rejection or approval or other action; provided, further, that neither the chief nor any cm- plovee of the bureau shall oppose or urge legislation; but the bureau shall, upon request, and so far as may be in its power, aid and assist any member of the legislature as to bills, reBolntions and mensures, drafting the same into proper form and furnishing to them the fnileHt information upon all matters in the scope of the bureau. Neither the Act 1901, §§4-8 GENERAL LAWS. 1388 chief nor any other employee of the bureau shall reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing such matter before the bureau. Office in capitol. § 4. The chief of the bureau shall be in attendance on all sessions of the legislature and his permanent office shall be in the state capitol in Sacramento, but he may, at the pleasure of said board, maintain tem- porary oflBces at other places in the state of California. Salaries. § 5. The said board shall determine the salary of the chief, which shall be payable in equal monthly installments, and of all other employees of said bureau and shall control all expenditures on behalf of said bureau. The members of said board shall not receive any salary or com- pensation, but they and the chief of the bureau shall be repaid all actual expenses incurred or paid by them in carrying out the provisions of this act, and shall file monthly with the state board of control itemized and sworn statements of all such expenses so incurred or paid during the preceding month. Assistants. Material available to "bureau. § 6. The said board shall furnish said bureau with such professional, clerical and office and other assistants as may be necessary and incur such other expenses as may be necessary for the effective work of the bureau. The material (including books and other publications) of the state library shall be made available to said bureau, and all the officers of the state, the University of California, and all departments, com- missions and bureaus and other official state organizations, and all per- sons connected therewith, shall give the chief ready access to their records and full information and reasonable assistance in any matters of research requiring recourse to them or to data within their knowledge or control. The bureau may co-operate with any of the educational institutions of the state in any manner approved by the said board and such institutions. Books, records, etc. § 7. All books, papers, records and correspondence of said bureau pertaining to its work, except copies furnished to or retained by the chief of what is filed at the permanent office of said bureau, and except memoranda made by him shall be public records and shall be filed with and recorded and kept at the permanent office of said bureau, except as herein otherwise provided. Papers kept confidential. § 8. Any and all persons receiving service from said bureau, as herein provided may by request in writing filed with the bureau have all their 1389 LEVEE DISTRICTS. Acts 1908-1922 personal papers and correspondence temporarily kept private and con- fidential, but said papers and correspondence shall become public records whenever the said board or the legislature shall so order or said written request is withdrawn. Appropriation. § 9. There is hereby appropriated out of the general fund not other- wise appropriated, for the sixty-fifth and sixty-sixth fiscal years, the sum of twenty thousand ($20,000) dollars for carrying into "effect the provisions of this act. TITLE 274, LEGISLATIVE DISTRICTS. ACT 1908. To divide the state into legislative districts, and to provide for the election of asserablvmen and senators in such districts. [Apjiroved March 11, 1891. Stats. 1891, p. 71.] Superseded 1901, p. 535. Repealed January 2, 1912 (Stats. Ex. Scss. 1911, p. 140). See Pol. Code, § 78. ACT 1909. To divide the state into legislative districts, and to provide for the elec- tion of assemblymen and senators therein. [Approved March 21, 1901. Stats. 1901, p. 535.] Repealed January 2, 1912 (Stats. Ex. Sesa. 1911, p. 140). See Pol. Code, § 78. Citations. Cal. 152/235, 236. TITLE 275. LEVEE DISTRICTS. ACT 1919. Citations. App. 11/406. ACT 1922. An act to provide for the formation of levee districts in the various counties of this state, and to provide for the erection of levees, dikes and other works for the purpose of protecting the lands within such districts from overflow and to levy assessments to erect and con- struct and maintain such levees, dikes and other works and to pay the necessary costs and expenses of maintaining said districts. [Approved March 20, 1905. Stats. 1905, p. 327.] Amended 1907, p. 333; 1911, p. 1212, The amendments of 1911 are as follows: Land in different counties may form a levee district. § 17. Levee districts may be formed, governed aii'l maintained nndi-r this act where the land embraced therein shall be situate parlly in diJ- Act 1922, §§18-22 general laws. 1390 ferent counties, and all the preceding sections hereof shall be applicable to such districts, except as herein provided, and nothing hereinafter contained shall in any manner limit or qualify the first sixteen sections of this act. In such districts, except as hereinafter provided, all acts and duties required to be performed by any county officer or board shall be done or performed by the officer or board of the county in which the petition mentioned in section 1 shall be filed. All sections subsequent hereto in this act shall refer to districts situate partly in different coun- ties. [New section approved April 28, 1911; Stats. 1911, p. 1212.] Petition filed in county of larger portion of land. § 18. In districts situate partly in different counties the petition mentioned in section 1 shall be filed with the board of supervisors of the county in which the greater portion of the land to be embraced within such district is situate, and such board shall have the same jurisdiction for all the purposes of this act as if all the land of the district were situate within the county, except as in this act otherwise provided. [New section approved April 28, 1911; Stats. 1911, p. 1212.] Designation. § 19. At the time and after the proceedings mentioned in section 4 hereof, such board of supervisors must declare such levee district formed as a subdivision of such counties and shall designate such district by the name of joint levee district of and counties. [New sec- tion approved April 28, 1911; Stats. 1911, p. 1212.] Declaration forwarded to all supervisors of counties represented. § 20. Upon i*Ae recording of the declaration that the levee district is formed as required by section 6 hereof, a copy thereof, duly certified by the clerk of the board of supervisors, must be immediately trans- mitted to the clerk of the board of supervisors of each other county in which any portion of such district may be situate, which shall be kept in the office of such last-named clerk. [New section approved April 28, 1911; Stats. 1911, p. 1213.] Publication of election notice. § 21. The notice of election mentioned in section 7 shall be published for the time designated therein in a newspaper published in each county in which anv portion of such district is situate. [New section approved April 28, 1911; Stats. 1911, p. 1213.] Division of estimate among counties. § 22, The board of trustees of such joint district shall divide the total estimate provided for in section 8 hereof, in proportion to the value of the real and personal property of the district in each county. Such valine to be determined by the equalized values of the last assessment- rolls of such counties. The board of trustees shall, after the approval of the estimate as provided in said section 8, report, as provided in said 1391 LEVEE DISTRICTS. Act 1923, § 1 section, to the board of supervisors of each of such counties, on or before the first day of September of each year, and furnish each of such boards of supervisors such estimate, together with a statement of the part thereof apportioned to each county. [New section approved April 28, 1911; Stats. 1911, p. 1213.] Applicable to assessors and supervisors of each county. § 23. The provisions of section 9 shall apply to the county assessors and boards of supervisors of each county in which any portion of the district may be situate, so far as the portion of such district in such county is concerned. [New section approved April 28, 1911; Stats. 1911, p. 1213.] To officers of each county. § 24. The provisions of section 10 shall apply to the officers of each county in which any portion of such district is situate. [New section approved April 28, 1911; Stats. 1911, p. 1213.] Treasurer of county in which petition was filed to be repository of funds. § 25. The treasurer of the county in which the petition mentioned in section 1 was filed, and in which the district was organized, shall be the repository of the funds of the district. The treasurers of any other counties in which is situate a portion of said district, must, at any time, not more often than four times each year, upon the order of the board of trustees, pay over to the treasurer of the county where said petition mentioned in section 1 was filed, all moneys in their possession belong- ing to the district. Said last-named treasurer is authorized and required to receive and receipt for the same, and to place the same to tho credit of the district. All moneys of the district received from any source shall be by him placed in a' fund to be called the joint levee district of and counties. [New section approved April 23, 1911; Stats. 1911, p. 1213.] ACT 1923. An act authorizing levee districts of the state to incur a bomled in- • debtedness for the purpose of building, constructing, or repairing • levees of the district; or for excavating and constructing ditchos or canals of such districts; or for the purpose of acquiring rights of way for any such levees, ditches, or canals; or for any ;iiici .ull of said purposes. [Approved March 8, 1911. Stats. 1911, p. 303.] Levee district may issue bonds. Report of engineer. § 1. Any levee district formed or organized by or undi-r the laws of California, may incur a bonded indebtedness for the jmrpoHC of Ixiild- ing, constructing, or repairing the levee or levees of such diHtrict; or in excavating or constructing any ditches or canals of such district; or Act 1923, §§ 2, 3 GENERAL LAWS. 1392 for the purpose of acquiring rights of way for any such levee, or ditches, or canals; or for any and all of said purposes. Such indebtedness shall be incurred in the following manner, to wit: Whenever it shall become necessary in the opinion of the board of trustees or directors of any such levee district to build, construct, or repair any levee for the protection of the lands of the district from over- flow; or to excavate or construct any ditches or canals for the purpose of draining the lands of the district or any part thereof; or for acquiring rights of way for either of such purposes, the trustees or directors of such levee district shall, by resolution, employ some civil engineer, and direct him to make a report in writing to said board of trustees or di- rectors, containing his recommendations as to the best method of doing said work. Said report shall show: 1. A description of the work to be done. 2. The plans, profiles, cross sections and specifications of the work re- quired. 3. A general description of the lands required for rights of way for the work, if any such are required. 4. An estimate of the expense of such work, including an estimate of the cost of acquiring rights of way for such work, should such rights of way be required. 5. An estimate of all incidental expenses likely to be incurred in con- nection with the work, such as clerical, engineering, inspection, printing and advertising. Adoption of report. § 2. After the repott of the engineer provided for in the next pre- ceding section has been filed with the board of trustees or directors of such levee district, said board shall consider the same and shall have power, by resolution, to adopt the same as filed by said engineer, or to modify or change the same, and to adopt the same as so modified or changed; and said report shall be adopted as originally presented if not modified or changed, but if modified or changed it shall be adopted as so modified or changed. Notice to taxpayers. Publication of notice. § 3. Within ten days after the adoption of the report as provided in section 2 of this act, the board of trustees or directors of such levee district shall give notice thereof to all taxpayers of the district. Such notice shall specify a day and hour when and where any and all persons may appear before said board and show cause, if any they have, why said work provided for in said report should not be carried out in accord- ance therewith, said time to be not less than thirty nor more than sixty days from the adoption of said report. Said notice shall briefly outline the proposed work, and shall refer to the said report on file with said board for a particular description of the vs'ork to be done. Such notice shall be conspicuously posted iu three 1393 LEVEE DISTRICTS. Act 1923, §§ 4, 5 of the most public places within said district, and published in some newspaper printed and published in the county where said district is situated; or if said district is situated in more than one county, then in a newspaper printed and published in each of the counties wherein any portion of said district is situated, for a period of three weeks prior to the day of hearing. Affidavit of publisher. Objections. § 4. At the time mentioned in the notice provided for in section 3 of this act, to wit: At the time specified in said notice, at which the taxpayers of the district are notified to appear before the board to show cause why the work provided for in the report adopted by the board should not be carried out, there shall be filed with said board au affidavit that such notice has been posted as provided for in said section 3, and an affidavit of the printer or publisher, or the principal clerk of such printer or publisher of the newspaper or newspapers in which said notice has been published, showing that such notice has been published as pro- vided for by said section 3. Said board of trustees or directors, before proceeding with said hearing, shall cause to be entered upon the minutes of the meeting an order reciting that such notice of said hearing has been posted and published according to law, and such recitals shall be conclusive evidence of the facts therein recited. Said board shall there- upon proceed with the hearing of any objections which shall have been made in writing and filed with said board not later than the hour fixed for said hearing as specified in said notice, and no other objections shall be considered. Said hearing may be continued from time to time by said board, and all parties interested shall be deemed to have notice of said continuances. All objection to the performance of the work speci- fied in said report must be in writing, and must state the objector's grounds of opposition and must be signed by the objector; and objections which do not comply with these requirements shall not be considered by said board. Board may confirm resolution. Report of engineer. § 5. At the close of the hearing provided for in section 4 of this act, the board of trustees or directors of such levee district shall have power to set aside, modify, or confirm the resolution provided for in section 2 of this act; in case the board, after such hearing, shall decide that it will be for the best interest of the district to proceed with the work, it shall, by resolution, so declare; and in case the said original plan of the work shall have been modified or changed after such hearing, the board shall direct the engineer of the district to estimate the cost of the work in accordance with the plan so modified or changed, and to report the same to the board. The engineer of the district shall thereupon, in case such original plan shall have been changed or modified, make a report to the board in accordance with the modifications or changes adopted by it, and such report must show: Act 1923, §§ 6, 7 GENERAL LAWS. 1394 1. A description of the work to be done as changed or modified by the board after said hearing. 2. The plans, profiles, cross-sections and specifications of the work as so changed and modified by the board. 3. A general description of the lands required for rights of way for the work, if any such are required. 4. An estimate of the expense of such work in accordance with the plan so modified or changed by the board, including an estimate of the cost of acquiring rights of way for such work, should any such rights of way be required. 5. An estimate of all incidental expenses likely to be incurred in con- nection with the work as planned, such as clerical, engineering, inspec- tion, printing and advertising. Eeapproval of report. § 6. If, after the hearing provided for in section 4 of this act, the report of the engineer as finally adopted under the provisions of section 2 of this act, has not been changed or modified by said board, the board shall, by resolution, finally reapprove and readopt said report in all respects as approved and adopted under the provisions of said section 2; in case, after such hearing, the report of the engineer as finally adopted under the provisions of said section 2 has been changed or modified by said board, the board shall, by resolution, finally reapprove and readopt said report as so changed or modified; and in either case the resolution reapproving and readopting said report shall state the amount of the entire estimate of the expense of such work. Bonds, amount, rate of interest, etc. Bond election. Election officials. Canvass of returns. Bonds, form of, etc. § 7. The board of trustees or directors of such levee district shall, by order entered upon the minutes of said board, specify the amount of bonds which it is proposed to issue, which, in any case, shall not exceed the entire estimate of the expense of the work as planned, the rate of interest to be paid and the number of years, not exceeding twenty, the whole or any part of said bonds are to run; and said order shall further provide for submitting the question of the issuance of said bonds to the taxpayers of the district, at an election to be called by the board for that purpose, and the words to appear upon the ballot shall be: "Bonds — Yes" and "Bonds — No," or words of similar import, together with a general statement of the amount and purpose of the bonds to be issued. Said order shall name a time and place of holding such election, which place shall be at some convenient place in the district. The board shall appoint one inspector, two judges, and one clerk to conduct said election, all of whom must be electors and taxpayers of the district. Notice of such election shall be given by publication in a newspaper published in the county in which such district or some part thereof is situated, once a week for at least four weeks prior to said election. Such notice must contain the time and place of holding such election, 1395 LEVEE DISTRICTS. Act 1923. § 7 the names of the election officers to conduct the same, the amount and denominatiou of the bonds, the rate of interest to be paid, and the number of years, not exceeding twenty, the whole or any part of such bonds are to run. If any election officer appointed by said board and named in such notice is not present at the time for opening of the polls, the voters present may appoint an election officer to take the place of such election officer so absent. Before opening the polls, each officer of election must take and subscribe an oath to faithfully perform the duties imposed upon him by law. Any voter of the district may admin- ister and certify such oath. At such election any voter qualified to- vote for the election of officers of said district, and none other, shall be permitted to vote thereat j and such election shall be held as nearly as practicable in conformity with the general election law of the state, except that registration shall not be required; and except, also, that persons voting at such bond election shall put a cross (X) upon their ballots with pencil or ink, after the words "Bonds — Yes" or "Bonds — No" (as the case may be), to indicate whether they have voted for or against the issuance of bonds; and except, also, that the returns of such election shall be canvassed and the result declared by the board of supervisors of the county in which such election is held, at the next regular meeting of said board after such election. No ballot shall be rejected because of any distinguishing marks made thereon. If a majority of the voters of the district voting at such election shall vote in favor of issuance of bonds, the board of trustees or directors of said levee district must proceed to issue the amount of bonds specified. Said board of trustees or directors, by an order or resolution entered upon its minutes, shall prescribe the form of said bonds, and of tiie interest coupons attached thereto, and fix the time when the whole or any part of the principal of said bonds shall be payable, which shall not be more than twenty years from the date thereof; and said bonds shall be issued in sums of not less than one hundred dollars nor more thati ojje thousand dollars each, and shall have not more than twenty years to run, and shall bear interest at a rate not exceeding seven per cent per annum, payable semi-annually; and said bonds shall be substantially in the following form: No. (Name of district) , In the county of , State of California. For value received, promises to pay , or order, at the office of the treasurer of said district, in , California, on or before the first day of , 19—, the sum of dollars, in gold coin of the United States, with interest at the rate of per cent per annum, payable at the office of said treasurer semi-annually, on the first day of and *• in each year, on presentation and surrender of the interest coupons hereto attached. This bond is issued by the board of of said di.strirt in conformity with a resolution of said board, dated the day of • nineteen hundred and , and under authority conferred upon Act 1923, §§ 8, 9 GENERAL LAWS. ' 1396 said board by the provisions of an act of the legislature of California entitled "An act authorizing levee districts of the state to incur a bonded indebtedness for the purpose of building, constructing, or re- pairing levees of the district; or for excavating and constructing ditches or canals of such districts; or for the purpose of acquiring rights of way for any such levees, ditches or canals; or for any and of all said pur- poses." Approved (insert date of approval of the act). In testimony whereof, the said district, by its board of has caused this bond to be signed by the chairman of said board, and attested by the auditor of county, with his seal of office attached, this day of , 19 — . > Chairman of said board. Attest: , Auditor of county. And the interest coupons shall be in the following form: The treasurer of (name of district) will pay to the holder hereof, on the day of , 19 — , at his office in , — ^ — dollars, gold coin, for interest on bond of said district numbered . Bonds to be numbered and signed. § 8. Bonds issued under this act shall be numbered consecutively, signed by the chairman of the board of directors or trustees, as the case may be, and delivered to the auditor of the county in which the levee district is situated; or if situated in more than one county, then to the auditor of the county in which the greater portion of said district is situated, who shall countersign the same and affix thereto his official seal, and shall by him be delivered to the treasurer of the district, who sliall deliver to such auditor his receipt therefor, and said treasurer shall stand charged on his official bond with all the bonds delivered to him and the proceeds thereof, and he shall sell the same to the highest bidder for cash in gold coin of the United States, but in no event for ^ less sum than the face value of the bonds and all interest accrued thereon, at the date of such sale. All moneys realized from the sale of said bond shall be placed in the treasury of the district, and shall not be expended for any purpose other than in the payment of the expense of the work for which such bonded indebtedness was incurred, as speci- fied in section 1 of this act. The treasurer of the district shall keep a record of all bonds sold by him, by number, date of sale, amount, date of maturity, and the name and postoffice address of the purchaser, which record shall be open at all times for public inspection. Tax levy. § 9. The board of directors or trustees shall cause to be assessed and levied each year upon the assessable property of the district, in addition to the levy authorized for other purposes, a sufficient sum to 1397 LIBEL. Act 1931 pay the interest on outstanding bonds, issued in conformity with the provisions of this act, accruing before the next annual levy, and such proportion of the principal, that at the end of five years the" sum raised from such levies shall equal at least twenty per cent of the amount of bonds issued, at the end of nine years at least forty per cent of the amount, and at and before the date of maturity of the bonds shall be equal to the whole amount of the principal; and the money arising from such levies shall be known as the bond fund, and shall be used for the payment of bonds and interest coupons, and for no other purpose whatever; and the treasurer shall open and keep in his books a separate and special account thereof, which at all times shall show the exact condition of said bond fund. Redemption of bonds. § 10. Whenever there shall be in the bond fund of such district a surplus of five hundred dollars or more, over and above the interest maturing before the next levy, the treasurer shall give notice for two weeks in one or more newspapers of general circulation, printed ani^j published in the county in which such district is situated, stating the amount of such surplus, and that on the day and hour named in such notice, sealed proposals will be received at his office for the surrender of bonds of the district, and shall at the time and place named open the proposals and accept the lowest bid; provided, that no bid shall be accepted for an amount exceeding the par value of such bonds with accrued interest; if bids are not offered at par, or less, sufficient to exhaust the amount on hand applicable to redemption, the treasurer shall publish for the same time and in the same manner a notice that he will redeem a bond or bonds of said district, giving the number or numl)iMs thereof, and that if not presented for redemption within thirty days after the date of the first publication of such notice, the interest thereon will cease, and the amount due thereon will be set aside for the pay- ment of such bond or bonds whenever presented. If any such bond bo not so presented, interest thereon shall cease, and the amount due thereon shall be set aside as specified in said notice. All redemption of bonds other than those voluntarily surrendered shall be made in the exact order of their issuance, beginning with the lowest or first number. § 11, This act shall take effect immediately. TITLE 277. LIBEL. ACT 1931. Citations. App. 16/309. Act 1943, §§ 1-3 GENERAL LAWS. 1398 TITLE 278. LICENSES. ACT 1943. An act to provide for the licensing, inspecting and regulating of maternity hospitals or lying-in asylums, and institutions, board- ing-houses and homes for the reception and care of children, by the state board of charities and corrections, and providing a penalty for the violation of the provisions of this act. [Approved April 23, 1913. Stats. 1913, p. 73.] License for maternity hospitals. § 1. No person, association, or corporation shall hereafter maintain or conduct in this state any maternity hospital or lying-in asylum where females may be received, cared for or treated during pregnancy, or during or after delivery; or any institution, boarding-house, home or other place conducted as a place for the reception and care of chil- dren, without first obtaining a license or permit therefor, in writing, from the state board of charities and corrections, such permit or license once issued to continue until revoked for cause after a hearing. Rules for government. § 2. Tiie state board of charities and corrections is hereby au- thorized to issue licences or permits to persons or associations to con- duct maternity hospitals, lying-in asylums, or homes for children, as provided in section 1 of this act, and to prescribe the conditions upon which such licenses or permits shall be granted, and such rules and regulations as it may deem best for the government and regulation of maternity hospitals, lying-in asylums and institutions, boarding- houses, or homes for the reception and care of children, and said board is further authorized, by one or more of its members, secretary, or duly authorized representative, to inspect and report upon the condi- tions prevailing in all such institutions. Penalty. § 3. Any person who maintains or conducts, or assists in maintain- ing or conducting as manager or officer, any maternity hospital, lying-in asylum, or any institution, boarding-house, home or other place con- ducted as a place for the reception and care of children, or who keeps at any such place any child under the age of twelve years, not his relative, apprentice or ward, without first having obtained a license or permit therefor in writing, as provided in section 1 of this act, shall be punished upon conviction by imprisonment in the county .iail for not more than one j'ear, or by a fine not to exceed five hundred dollars, or both a fine and imprisonment may be imposed at the dis- cretion of the court. 1399 LONG BEACH. Acts 1973, 1974 TITLE 283a. LONG BEACH. ACT 1973. Charter of Long Beach. [Stats. 1907, p. 1176.] Reference to the charter of Long Beach is made in this supplement because it was unintentionally omitted from the General Laws of 1909.- Citations. Cal. 155/609. App. 17/294, 295; (§ 3) 17/292 294- (§ 18) 17/293; (§ 21) 17/293, 294, 295. ACT 1974. An act granting to the city of Long Beach the tide lands and submerged lands of the state of California within the boundaries of the said city. [Approved May 1, 1911. Stats. 1911, p. 1304.] Tide lands granted to Long Beach. Purposes for which lands may be used. Harbor improved without expense to state. Discrimination in rates. Right to fish reserved. § 1. There is hereby granted to the city of Long Beach, a municipal corporation of the state of California, and to its successors, all the right, title and interest of the state of California, held by said state by virtue of its sovereignty, in and to all the tide lands and submerged lands, whether filled or unfilled, within the present boundaries of said city, and situated below the line of mean high tide of the Pacific ocean, or of any harbor, estuary, bay or inlet within said boundaries, to be forever held by said citj', and by its successors, in trust for the uses and purposes, and upon the express conditions following, to wit: (a) That said lands shall be used by said city and by its successors, solely for the establishment, improvement and conduct of a harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, and other utilities, structures and appliances necessary or convenient for the promotion and accommodation of com- merce and navigation, and said city, or its successors, siiall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any individual, firm or corporation for any purpose wliatsoover; pro- vided, that said city, or its successors, may grant franchises thereon, for limited periods, for'wharves and other public uses and purposes, and may lease said lands, or any part thereof, for limited periods, for purposes consistent with the trusts upon which said lands are held by the state of California and with the requirements of commerce or navigation at said harbor; (b) That said harbor shall be improved by said city without expense to the state, and shall always remain a public harbor for all imrpoHcs of commerce and navigation, and the state of California sliall liavo, ut all times, the right to use, without charge, all vvjiarves, docks, piers, slips, quays and other improvements constructed on said lands, or any part Acts 1975-1991 general, laws, 1400 thereof, for any vessel or other water craft, or railroad, owned or oper- ated by the state of California; (c) That in the management, conduct or operation of said harbor, or of any of the utilities, structures or appliances mentioned in para- graph (a), no discrimination in rates, tolls, or charges, or in facilities, for any use or service in connection therewith shall ever be made, author- ized or permitted by said city or by its successors; Reserving, however, in the people of the state of California the ab- solute right to fish in the waters of said harbor, with the right of con- venient access to said waters over said lands for said purpose. TITLE 284. LOS ANGELES CITY. ACT 1975. Charter of Los Angeles. [Stats. 1889, p. 455.] Amended 1903, p. 555; 1905, p. 930; 1907, p. 1160; 1909, p. 1289; 1911, p. 2051; 1913, p. 1629. Citations. Cal. 155/119; 157/147, 149, 150, 151, 152; 158/752; 160/30, 44, 45, 129, 130, 317, 323, 324, 800, 802; 161/23. 24, 25, 26, 27, 28, 619; 163/457, 459, 460, 621, 628, 629. App. 8/610, 611; 15/448, 449. ACT 1989. An act to provide for the dedication to public use for street purposes of certain lands of the state normal school at Los Angeles; to pre- scribe the conditions of such dedication; to authorize and empower the board of trustees of said state normal school to convey said lands to the city of Los Angeles to public use for street purposes, and to authorize and empower said board of trustees to make cer- tain changes, alterations and repairs in the buildings and other improvements upon the lands of said state normal school arising out of such dedication. [Approved April 15, 1909; Stats. 1909, p. 931.] Repealed April 26, 1913 (Stats. 1913, p. 105). ACT 1991. An act granting to the city of Los Angeles the tide lands and submerged lands of the state within the boundaries of the said city. [Approved May 1, 1911. Stats. 1911, p. 1256.] Tide lands granted to Los Angeles. Purposes for which lands may be used. Harbor improved without expense to state. Discrimination in rates. Right to fish. § 1. There is hereby granted to the city of Los Angeles, a municipal corporation of the state of California, and to its successors, all the right, title and interest of the state of California, held by said state by virtue of its sovereignty, in and to all tide lands and submerged lands, whether 1401 LOS ANGELES CITY. Act 1991a, § 1 filled or unfilled, within the present boundaries of said city, and situated below the line of mean high tide of the Pacific ocean, or of any harbor, estuary, bay or inlet within said boundaries, to be forever held by said city, and its successors, in trust for the uses and purposes, and upon the express conditions, following, to wit: (a) That said lands shall be used by said city, and by its successors, solely for the establishment, improvement and conduct of a harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays and other utilities, structures and appliances necessary or convenient for the promotion and accommodation of com- merce and navigation, and said city, or its successors, shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any individual, firm or corporation for any purpose whatsoever; pro- vided, that said city, or its successors, may grant franchises thereon for limited periods, for wharves and other public uses and purposes, and may lease said lands, or any part thereof, for limited periods, for purposes consistent with the trusts upon which said lands are held by the state of California, and with the requirements of commerce or navigation at said harbor; (b) That said harbor shall be improved by said city without expense to the state, and shall alwaj's remain a public harbor for all purposes of commerce and navigation, and the state of California, shall have, at all times, the right to use, without charge, all wharves, docks, piers, slips, quays and other improvements constructed on said lands, or any part thereof, for any vessel or other watercraft, or railroad, owned or operated by the state of California; (c) That in the management, conduct or operation of said harbor, or of any of the utilities, structures or appliances mentioned in paragraph (a), no discrimination in rates, tolls, or charges, or in facilities, for any use or service in connection therewith shall ever be made, authorized or permitted by said city, or by its successors; Eeserving, however, in the people of tlie state of California, the abso- lute right to fish in the wharves of said harbor, with the right of con- venient access to said waters over said lands for said purposes. § 2. This act shall take effect immediately. Citations. Cal. 161/619. ACT 1991a. An act dedicating certain land in the city of Los Angeles for the pur- pose of widening Vermont avenue, and directing the board of trustees of the state normal school at Los Angeles to convey tin- same to the city of Los Angeles for that purpose. [Approved June 5, 1913. Stats. 1913, p. 387.] Los Angeles normal school land dedicated for widening Vermont aventie. § 1. There is hereby dedicated to the i)iil>lic f..r the piirpos,. of whI.-h ing Vermont avenue 'in the city of Los Angeles, that portion of llu- 'Acts 1991b, 1991c general laws. 1402 school lands of the state normal school at Los Angeles described as fol- lows, to wit: A strip twenty (20) feet in width lying along the west side of and adjacent to Vermont ayenue between Monroe street and Willow- brook avenue. Conveyance by board of trustees. § 2. The board of trustees of said state normal school are authorized and directed to deliver to said city of Los Angeles, a conveyance of said described strip of land, to be used for the purpose aforesaid, and to cause the said conveyance to be executed by its president or any member of the board whom they may designate for that purpose, and to be attested by its secretary under the seal of the said board. ACT 1991b, An act making an appropriation for furnishing, equipping and main- taining the exposition building at Los Angeles. California, and for establishing and maintaining a permanent exhibit therein of the products and resources of the different counties of the state of Cal- ifornia. [Approved June 16, 1913. Stats. 1913, p. 11.56.] Appropriation: Exhibition building and exhibit, Los Angeles. § 1. The sum of sixty thousand ($60,000) dollars is hereby appro- priated out of any moneys in the sta^e treasury, not otherwise appro- priated, for the objects hereinafter specified, to wit: furnishing, equip- ping and maintaining the exposition building, located in agricultural park, otherwise known as Exposition park, in the city of Los Angeles, California, and for the installation, equipment and maintenance of a permanent exhibit therein of the products and resources of the different counties of the state of California. When available. § 2. Of the moneys hereby appropriated the sum of thirty thousand ($30,000) dollars shall become available for the fiscal year beginning July 1, 1913, and the sum of thirty thousand ($30,000) dollars shall be- come available on and after July 1, 1914. § 3. The state controller is hereby authorized and directed to draw his warrants in favor of the board of directors of the sixth district agricultural association for the amounts herein made payable, as pro- vided herein, in such amounts and at such times as may be approved b}' the state board of control, and the state treasurer is hereby directed to pay the same. ACT 1991c. Ad act declaring that all tide lands and submerged lands within the boundaries of the city of Los Angeles are required, and requiring such lauds, for public purposes of commerce, navigation and fishing, 1403 MANUFACTURES. Acts 1992, 2062 and for purposes in aid thereof, and ratifying, approving and con- firming the acts of the attorney general in bringing and prosecuting certain suits in the name of the people of the state of California, for the purpose of quieting title to, and for the recovery of the possession of said lands. [Approved June 6, 1913. Stats. 1913, p. 413.] Tide lands within Los Angeles city required for public use. § 1. That all tide lands and submerged lands, whether filled or un- filled, within the present boundaries of the city of Los Angeles, a mu- nicipal corporation of this state, and situated below the line of mean high tide of the Pacific ocean, or of any harbor, bay, inlet, estuary or other navigable water within the present boundaries of said city, are hereby declared to be, and the same are hereby, required for the public purposes of commerce, navigation and fishing, and for purposes iu aid thereof. Attorney general to bring suit for recovery. § 2. That the acts of the attorney general of this state in bringing and prosecuting certain suits in the courts of this state, in the name of and in behalf of the people thereof, against all persons, partnerships or private corporations claiming or possessing the tide lands and submerged lands described in section 1 of this act, for the purpose of quieting, in the state of California, the title to said lands, and for the recovery of possession of said lands by said state, be and the same are hereby ratified, approved and confirmed. TITLE 285. LOS ANGELES COUNTY. ACT 1992. Charter of. [Adopted at the election held November 5, 1912, and ap- proved by the legislature in 1913. Stats. 1913, p. 1484.J TITLE 295. MANUFACTURES. ACT 2062. or cast-off clothing, rags or cast-off, or second-hand mutenals of any character, so that the label or stamp shall show the character of tho materials with which such articles are so partly made or alulTcd, Act 2063, §§ 1-3 GENERAL LAWS. 1404 and making the violation of any of the provisions of this act, a misdemeanor. [Approved March 18, 1909. Stats. 1909, p. 400.] Amended 1911, p. 88. The amendment of 1911 is as follows: Duty of labor commissioner. § 3. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act. The commissioner, his deputies and agents shall have all powers and authority of sheriffs to make arrests for violations of the provisions of this act. [New section approved March 1, 1911; Stats. 1911, p. 88.] ACT 2063. An act to provide for the registration of factories, workshops, mills and other manufacturing establishments. [Approved June 2, 1913. Stats. 1913, p. 444.] Registration of factories. § 1. The owner of any factory, workshop, mill or other manufactur- ing establishment, where five or more persons are emploj'ed, shall register such factory, workshop, mill or other manufacturing establishment with the bureau of labor statistics, giving the name of the owner, the name under which the business is carried on, the location of the plant, the address of the general offices or principal place of business and such other information as the commissioner of labor shall require. Such reg- istration of existing factories, workshops, mills or other manufacturing establishments shall be made on or before January 1, 1914. All fac- tories, workshops, mills or other manufacturing establishments hereafter established shall be so registered within thirty days after the commence- ment of business. Within thirty days after a change in the location of a factory, workshop, mill or other manufacturing establishment the owner thereof shall file with the commissioner of the bureau of labor statistics the new address. Enforcement of act. § 2. The bureau of labor statistics shall enforce the provisions of this act. The commissioner, his deputies and agents, shall have all the powers and authority of sheriffs or other peace officers, to make arrests for violations of the provisions of this act, and to serve any process or notice throughout the state. Penalty. § 3. Any person, firm or corporation who violates or omits to comply with the provisions of this act is guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine of not less than twenty- 1405 MAPS. Acts 2063a, 2064 five dollars or more tlian two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine andimprisonment. All fines imposed and collected under the provisions of this act shall be paid into the state treasury and credited to the contingent fund of the bureau of labor statistics, ACT 2063a. An act to provide for the keeping of medical and surgical appliances in factories. [Approved May 19, 1913. Stats. 1913, p. 511.] Medical chests in factories required. § 1. Every person, firm or corporation operating a factory or shop, or conducting any business in which power machinery is used for any manufacturing purpose, except for elevators or for heating or hoisting apparatus, where five or more persons are employed, shall at all times keep and maintain, in some accessible place upon the premises upon which such factory, shop or business is located, free of expense to the employees, a medical or surgical chest which shall contain an adequate assortment of absorbent lint, absorbent cotton, sterilized gauze, plain and medicated, adhesive plaster, cotton and gauze bandages, also one tourniquet, one pair scissors, one pair tweezers, one jar carbolized petro- latum, one bottle antiseptic solution, and one first aid manual, all of which shall cost not less than six dollars, and to be used in the treat- ment of persons injured or taken ill upon the premises. Penalty. § 2. Any person, firm or corporation violating this act shall be sub- ject to a fine of not less than ten dollars nor more than fifty dollars for dvery week during which such violation continues. TITLE 296. MAPS. ACT 2064. An act requiring the recording of maps of cities, towns, additions to cities or towns, or subdivisions of land into small lots or tracts for the purpose of sale, and providing a penalty for the selling or offering for sale any lots or tracts in cities, towns, additions to cities, towns, subdivisions, or additions thereto, before such maps are filed and recorded. [Approved March 9, 1893. Stats. 1893, p. 96.] Amended 1901, p. 288. Repealed June 11, 1913 (Stats. 1913, p. 571). See post, Act 200o, j 8. Citations. Cal. 156/440. Act 2065, §§ 1,2 GENERAL LAWS. 1406 ACT 2065. An act requiring the recording of maps of subdivisions of land into lots for the purpose of sale, and prescribing the conditions on which such maps may be recorded and prohibiting the selling or offering for sale of land by reference to said maps unless the same are re- corded. [Approved March 15, 1907. Stats. 1907, p. 290.] Amended 1913, p. 568. The amendments of 1913 follow: Map of subdivisions to be filod with county recorder. § 1. Whenever any tract or subdivision of land shall be laid out into lots for the purpose of sale, the owner or owners thereof shall cause to be made out and filed with the county recorder of the county in which the same is situated, an accurate map or plat thereof on cloth, drawn and attested to by a civil engineer or licensed surveyor from his own sur- vey of the ground. Said engineer or surveyor shall, in making the sur- veys, leave sufficient permanent monuments so that another surveyor or engineer may retrace his work. The nature and location of these monuments shall be plainly shown on the map. The map shall also particularly set forth and describe: Ground for public uses. First — All parcels of ground within such tract or subdivision used for public purposes or offered for dedication for public uses, whether they be intended for public highways, parks, courts, commons or other public uses, and their dimensions and boundaries and the courses of their boundary lines. Lots for sale. Second— All lots intended for sale, or reserved for private purposes and not offered for dedication to the public use, either by number or letter, and their dimensions and boundaries and the courses of their boundary lines. All parcels of land offered for dedication as public highways and not accepted by the proper authorities upon presentation to them, shall also be designated by number or letter. Location of tract. Third — The exact location of such tract or subdivision of land into lots with reference to adjacent subdivisions of land into lots, the maps or plats of which have been previously recorded, if any, or if none, then with reference to corners of a United States survey, or to some natural or artificial monument. [Amendment approved June 11, 1913; Stats. 1913, p. 568.] Map on clotlu Size. Scale. § 2. Every such map or plat shall be on cloth and clearly and legibly drawn in all its details upon tracing cloth of good quality. The size of 140T MAPS. Act 2065, §§3,4 the sheets of drawing cloth must be eighteen by twenty-six inches or thirteen by eighteen inches. Marginal lines must be drawn around the entire sheet, leaving a margin of one inch from the edges of the sheets, and the name, title, or other designation, and all drawings, affidavits, cer- tificates, acknowledgments, indorsements, acceptances of dedication, and notarial seals must be within said marginal lines. The scale to which the drawing is made must be large enough to show the details clearly, and two or more sheets must be used if one does not give sufficient room to accomplish this end. If more than one sheet is used, each sheet must be numbered, connections of one sheet to another clearly given and the number of the sheets used in the subdivision must be given in the affidavit. [Amendment approved June 11, 1913; Stats. 1913, p. 569.] Consent of owners. Certificate of auditor; Bond. Land intended for public use. § 3. Upon every such map or plat there shall be indorsed a consent to the making thereof, signed by the owner or owners of the tract or other subdivision of land shown thereon, and also by all other persons whose consent is necessSry to pass a clear title to such land, and ac- knowledged by all the signers in the same manner as conveyances of real property; also a certificate from the county auditor, and from the auditor or other proper officer of any munici})al corporation in which any part of such tract or other subdivision is situated, showing that there are no liens for unpaid state, county, municipal or other taxes, except taxes not yet payable, against said tract or subdivision of land or any part thereof; also a certificate of the clerk of the board of super- visors that a bond has been filed with said board as provided herein; and the owner or owners of any tract, or other subdivision of land shown thereon, shall execute and file witli the board of supervisors of tlic county wherein such tract, or subdivision, or any part thereof, is sit- uated, a good and sufficient bond to be approved by and in an amount to be fixed by said board of supervisors and by its terms made to inure to the benefit of the county wherein such tract, subdivision, or any part thereof, is situate, and conditioned for the payment of ail taxes whicii are at the time of filing thereof, a lien against any such tract, or sub- division, or any part thereof, but not yet payable. Upon every such map or plat which shows any parcels of land intended for public u.se and not previously dedicated therefor, there shall be indorsed a state- ment of the dedication of such i^arcels of ground intended for public use, executed by the owner or owners, and by all other persons wlio.se con- sent is necessary to pass a clear title to such jiarcels of ground to the public, and acknowledged by all persons executing the same in the mime manner as conveyances of real property. [Amendment uj.proved Juno 11, 1913; Stats. 1913, p. 569.] Approval of city or county authorities. Width of highways. Highways accepted. § 4. The map or plat so made, indorsed and ncknowledged shall bn submitted to the governing body of the city, city and county, or county Act 2065, §§ 6-9 geneeal laws. 1408 having control of public highways in the territory shown on such map or plat, for the approval of such governing body, before such map or plat is filed for record in the recorder's office. Such governing body, after examination duly made, shall approve or disapprove such map or plat within thirty daj's after the same is siibmitted to it as above provided. If approved, the governing body shall indorse, or cause to be indorsed, on said map or plat its approval of the same. Without such approval the said map or plat shall not be filed for record or be recorded. Such governing body may require the public highways, if any, offered for dedication by said map or plat and the parcel or parcels of land, if any, therein reserved or indicated for highway or right of way purposes, and not offered for dedication to public use, to be as wide as and to conform, as near as practicable, to .the adjoining, surrounding or neighboring streets or highways of said city, city and county, or county. If such map or plat offer for dedication any highways said governing body shall indorse thereon which of the highways so offered for dedication are accepted on behalf of the public, and thereupon such highways which have been so accepted, and no' others, shall be .and become dedicated to the public use. [Amendment approved June 11, 1913; Stats. 1913, p. 570.] Map must comply with this act. § 6. No map or plat referred to in this act shall be accepted by the county recorder for filing or recording, unless the same shall in all respects comply with the provisions of this act, and the recorder shall be entitled, before accepting or refusing such map or plat, to sufficient time to enable him to examine the same. [Amendment approved June 11, 1913; Stats. 1913, p. 570.] No sale of lots before filing map. § 8. No person shall sell or offer for sale any lot or parcel of land, by reference to any map or plat, unless such map or plat has been made, certified, indorsed, acknowledged and filed in all respects as provided in this act, or was filed or recorded prior to the taking effect of this act and in accordance with the laws in force at the time it was so filed or recorded, and no person shall sell or offer for sale any lot or parcel of land by reference to any map or plat other than such recorded map or plat or true and correct copy thereof. [Amendment approved June 11, 1913; Stats. 1913, p. 570.] Penalty. Owners failing to file map may petition court for permission to file. § 9. Every person who violates any of the provisions of this act is guiltv of a misdemeanor, and upon conviction thereof shall be punish- able by a fine of not less than twenty-five dollars and not more than five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment, and the recordation of any map or plat which is not executed and approved as herein required shall be null and void; provided, however, 1409 MASTER AND SERVANT. Act 2140a, § 1 that any owner or owners of any such tract or subdivision, who prior to the taking effect of this act caused to be prepared proper maps or plats thereof in conformity with the provisions of the act mentioned in section 1 hereof, and thereafter, through inadvertence or excusable neglect, failed to record the same prior to conveying lots shown thereon, may, within one year after this act takes effect, petition the superior court of the county wherein such land is situate for an order permitting such map or plat to be filed and recorded as in said act provided; and the court may, upon the hearing of such petition, if satisfied that good cause exists therefor, make such order. A copy of the petition shall be served upon the county recorder at least ten days prior to such liearing, and a certified copy of such order, if any be made, shall be filed with the map. [Amendment approved June 11, 1913; Stats. 1913, p. 571.] Repeal of prior act. § 8 [of amendatory act of 1913, p. 568]. An act entitled, "An act re- quiring the recording of maps of cities, towns, additions to cities or towns, or subdivisions of land into small lots or tracts for the purpose of sale, and providing a penalty for the selling or offering for sale any lots or tracts in cities, towns, additions to cities, towns, subdivisions, or addi- tions thereto, before such maps are filed and recorded,"' approved March 9, 1893, and all acts and parts of acts in conflict with this act, are hereby repealed. Citations. App. 12/393. TITLE 305. MASTER AND SERVANT. ACT 2140a. An act to regulate advertisements and solicitations for employees during strikes, lockouts and other labor troubles. [Approved June 7, 1913. Stats. 1913, p. 678.] Advertising for labor diiring strikes. § 1. If any person, firm, or corporation, acting either for himself, or itself, or as "the agent of another person, firm, or corporation, during the continuance of a strike, lockout, or other labor trouble among liis, or its employees, or among the employees of the person, firm, or cor- poration, for whom he, or it is acting, advertises for employees in the newspapers, or by posters, or otherwise, or solicits persons to work for him, or the persons, firm, or corporation, for whom he is acting, in the place of the strikers, he shall plainly and explicitly mention in such advertisements or oral or written solicitations, that a strike, lockout or other labor disturbance exists; provided, that tiio foregoing pro- visions shall not apply to advertisements or solicitations publinhed solely or made within the same city or locality where the str'' -, l — Uout or other labor disturbance exists. 89 Act 2141, § § 1-7 GENERAL LAWS. 1410 Penalty. § 2. If any person, firm, association or corporation violates any provision of this act, he or it shall be punished by a fine not less than twenty-five dollars and not exceeding two hundred and fifty dollars for each ofifense. ACT 2141. An act to provide for temporary floors in buildings more than three stories high in the course of construction and for the protection of the life and limb of workmen employed in such buildings from fall- ing through joists or girders and from falling bricks, rivets, etc. [Approved March 6, 1909. Stats. 1909, p. 107.] Amended 1911, Statutes of 1911, page 1112, as follows: Temporary floors in buildings more than two stories high. § 1. Any building more than two stories high in the course of con- struction shall have joists, beams or girders on each and every floor below the floor or level where any work is being done, or about to be done, covered with flooring laid close together, or with such other suit- able material to protect workmen engaged in such building from falling through joists or girders, and from falling planks, bricks, rivets, tools, or any other substance whereby life and limb are endangered. Not to be removed. § 2. Such flooring shall not be removed until the same is replaced by the permanent flooring in such building. Duty of contractor. § 3. It shall be the duty of the general contractor having charge of the erection of such building to provide for the flooring as herein re- quired, or to make such arrangements as may be necessary with sub- contractors in order that the provisions of this act may be carried out. Duty of owner. § 4. It shall be the duty of the owner or the agent of the owner of such building to see that the general contractor or subcontractor carry out the provisions of this act. When contractor fails to provide. § 5. Should the general contractor or subcontractors of such building fail to provide for the flooring of such building, as herein provided, then it shall be the duty of the owner or the agent of the owner of such building to see that the provisions of this act are carried out. Misdemeanor. § 6. Failure upon the part of the owner, agent of the owner, general contractor, or subcontractors to comply with the provisions of this act shall be deemed a misdemeanor and shall be punishable as such. § 7. This act shall take effect within sixty days. 14^11 MASTER AND SERVANT. Act 2141a, §§ 1, 2 ACT 2141a. An act to regulate certain scaffolding or staging for the protection of workmen; requiring that in addition to the duties imposed by any law upon employers using or directing or permitting the lise of scaffolding or staging swung or suspended from an overhead sup- port such employers shall be subject to the provisions of this act; fixing penalties for a violation hereof to be the same as provided in section 402c of the Penal Code; and providing for the enforce- ment of this act by the commissioner of the bureau of labor statistics. [Approved April 22, 1913. Stats. 1913, p. 49.] Safety rail on scaffolding. § 1. All scaffolding or staging, swung or suspended from an over- head support which is more than twenty feet from the ground or floor, shall have a safety rail of wood or other equally rijgid material of sufficient strength to bear any sudden strain there against equal to four times the weight of an ordinary man, such rail to be properly secured and braced in a manner to withstand a sudden strain as hereinbefore prescribed; such rail to rise at least thirty-four inches above the floor or floors or main portions of such scaffolding or staging, and extending along the entire length of the outside and the ends thereof, and properly attached thereto to withstand any strain as hereinbefore provided; and such scaffolding or staging shall be fastened so as to prevent the same from swaying from the building or structure, or place of work where such scaffolding or staging is being used. Any and all parts of such scaffolding or staging shtill be of sufficient strength to support, bear, or withstand, with safety, any weight of persons, tools, appliances, or materials that may be placed thereupon or that are to be supported thereby while such scaffolding or staging is being used for any o:^ the purposes thereof. Safety lines. § 2. In addition to the duties imposed upon an employer by any law regulating or relating to scaffolding or staging, it shall be tlie duty of such employer who uses or permits the use of scaffolding or staging, as defined in section 1 of this act, in connection with construction, alteration, repairing, painting, cleaning or the doing of any other kind of work upon anv building structure, or other thing or place of work, to furnish safety lines to tie all hooks and hangers back on the roof of such building, structure or other thing or place of work, and to provide safetv lines hanging from the roof, securely tied thereto, and one such line' to be provided between each pair of hangers or fa Is and near the ends of all such scaffolding or staging. When plank.s are used for the platforms or floors of such scafToldiug or utaging. fh.-y sbaU be not less than fourteen inches in width, and not less than one and one-half inches in thickness, and shall be of woo.l free from knots or fractures impairing the strength of such planks. Not more Act 2141b, §§ 1-4 GENERAL LAWS. 1412 than two men shall be allowed or placed to work between two hangers or falls upon such scaffolding or staging. Penalty, § 3. Any violation of the provisions of this act shall be punishable as provided in section 402c of the Penal Code, and shall be in addition to the penalties provided therein for the violation of any of the pro- visions of the said section. Duty of commissioner of bureau of labor statistics. § 4. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act. ACT 2141b. An act regulating the sanitation and ventilation in and at camps where five or more persons are employed; and providing a penalty for the violation thereof. [Approved May 29, 1913. Stats. 1913, p. 328.] Camps to be kept clean. § 1. In or at any camp where five or more persons are employed, the bunkhouses, tents and other sleeping places of such employees shall be kept in a cleanly state, and free from vermin and matter of an infectious and contagious nature, and the grounds around such bunk- houses, tents or other sleeping places shall be kept clean and free from accumulations of dirt, filth, garbage and other deleterious matter. Air space. § 2. Every bunkhouse, tent or other sleeping place used for the pur- pose of a lodging or sleeping department in such camp, shall contain sufiicient air space to insure an adequate supply of fresh air for each person occupying such bunkhouse, tent or other sleeping place. The bunks or beds shall be made of iron, canvas or other sanitarj* material and shall be so constructed as to afford reasonable comfort to the per- sons occupying such bunks or beds. Duty of employer. § 3. It shall be the duty of any person, firm, corporation, agent or officer of a firm or corporation employing persons to work in or at such camps and the superintendent or overseer in charge of the work in or at such camp to carry out the provisions of sections 1 and 2 of this act. Power of state board of health. § 4, The state board of health shall have the right and power to condemn any camp coming under the provisions of this act as dangerous to the public health. 1413 MASTER AND SERVANT. ActS 2142, 2143 Penalty. § 5. Any person, firm, corporation, agent or oflRcer of a firm or cor- poration, or any superintendent or overseer in charge of the work in or at any camp coming under the provisions of this act, who shall violate or fail to comply with the provisions of this act is guilty of a misde- meanor, and shall upon conviction thereof, be punished by a fine of not more, than two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment. § 6. It shall be the duty of the state board of health to enforce the provisions of this act. ACT 2142. An act prohibiting the issuance as payment for wages of any evidence of indebtedness unless the same is negotiable and payable without discount, and providing that the same must be payable upon de- mand. [Approved March 1, 1911. Stats. 1911, p. 259.] Negotiable order in payment of wages. § 1. No person, firm or corporation engaged in any business or enter- prise within the state shall issue, in payment of or as an evidence of indebtedness for wages due an employee, any order, check, memorandum or other acknowledgment of indebtedness, unless the same is negotiable, and is payable upon demand without discount in cash at some bank or other established place of business in the state; provided, however, that the provisions of this act shall not apply to counties, cities and couiitics, municipal corporations, quasi-municipal corporations, or school districts organized and existing under the laws of this state. Punishment for violation of statute. § 2. Any person, firm, or corporation who shall violate any of the provisions of this act shall be guilty of a misdemeanor, and upon con- viction thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. ACT 2143, An act providing for the time of payment of wages. [Approved May 1, 1911. Stats. 11)11, p. 12G8.J Wages of discharged employees. § 1. Whenever an employer discharges an employee, the wagps earned and unpaid at the time of such discharge shall become due and payable immediately. When any such employee not having a contract lor ii definite period quits or resigns his employment the wages carnrd and unpaid at the time of such quitting or resignation shall become duo and payable five days thereafter. Act 2143a, §§ 1-3 general laws. 1414 Wages to be paid monthly. § 2. All wages other than those mentioned in section 1 of this act earned by any person during any one month shall become due and pay- able at least once in each month and no person, firm or corporation for whom such labor has been performed, shall withhold from any such employee any wages so earned or unpaid for a longer period than fifteen days after such wages become due and payable; provided, however, that nothing herein shall in any way limit or interfere with the right of any such employee to accept from any such person, firm or corporation wages earned and unpaid for a shorter period than one month. Penalty. § 3. Any person, firm or corporation who shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine not to exceed five hundred dollars. Not applicable. § 4. None of the provisions of this act shall apply to any county, city and county, incorporated city or town, or other municipal corpora- tion. ACT 2143a. An act regulating the payment of wages earned in seasonal labor and prescribing the powers and duties of the commissioner of the bureau of labor statistics, in relation thereto. [Approved May 28, 1913. Stats. 1913, p. 343.] "Seasonal labor" defined. § 1. For the purpose of this act the term "seasonal labor" shall in- clude all work performed by any person employed for a period of time greater than one month, and where the wages for such work are not to be paid at any fixed intervals of time, but at the termination of such employment, and where the work is to be performed outside of this state; provided, that such person is hired within this state and the wages earned during such employment are to be paid in this state at the termination of such employment. Wages paid in presence of examiner. § 2. Upon application of either the employer or the employee, the wages earned in seasonal labor, shall be paid in the presence of the commissioner of the bureau of labor statistics or an examiner appointed by him. Wages disputes. § 3. The commissioner shall hear an( ein|.lo.yooH in the course of their employment, by creating a liability on the part of employers to compensate such employees and their depencients for such accidental injury or death irrespective of the f""'!- "J either party, and providing the means and metliodn of enforn.iK Hiu-h liability; and creating a "state cdmi.ensatiou nisuiau.-e fun.l to Act 2144a, §§ 1,2 general laws. 1416 insure employers against such liability and providing for its admin- istration and regulating such insurance by other insurance carriers; and requiring safety in all employments and places of employment in this state and providing the means and methods of enforcing such safet}'; and requiring reports of industrial accidents; and pro- viding penalties for offenses by employers, their oflacers, agents, and by employees and other persons and corporations; and creating an industrial accident commission, providing for its organization, defining its powers and duties and providing for a review of its orders, decisions and awards; and appropriating moneys to carry out the provisions of this act; and repealing all acts and parts of acts inconsistent with the provisions of this act. [Approved May 26, 1913. Stats. 1913, p. 279. In effect January 1, 1914.] "Workmen's compensation act." § 1. 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. Definitions. § 2. The following terms as used in this act shall, unless a different meaning is plainly required by the context, be construed as follows: (1) The term "commission" means the industrial accident commission of the state of California. (2) The term "commissioner" means one of the members of the com- mission. (3) The term "compensation" means compensation under this act and includes every benefit or payment conferred by sections 12 to 36, in- clusive, of this act upon an injured employee, or in the ev-ent of his death, upon his dependents, without regard to negligence. (4) The term "damages" means the recovery allowed in an action at law as contrasted with compensation under this act. (5) The term "person" includes an individual, firm, voluntary asso- ciation or a corporation. (6) The term "insurance carrier" includes the state compensation in- surance 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) The phrase "compensation provisions of this act" means and in- cludes sections 12 to 35, inclusive, of this act. (8) The phrase "safety provisions of this act" means and includes sections 51 to 72, inclusive, of this act. (9) 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. 1417 MASTER AND SERVANT. Act 2144a, §§ 3-6 Industrial accident commission created. Salary. § 3. 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 governor 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 hi 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 sal- ary of five thousand dollars. Each commissioner shall, before entering upon the duties of his oflEice, take and subscribe the constitutional oath of office. Organization of commission. Majority rules. § 4. 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. \ vacancy on the commission shall not impair the right of the remaining members to perform all the duties and exercise all the power and au- thority of the commission. The act of the majority of the commission, when in session as a commission, shall be deemed to be the act of the commission, but any investigation, inquiry or hearing, which the com mission has power to undertake or to hold, may be undertaken or held by or before any member thereof or any referee appointed by the com- mission for that purpose, and every finding, order, decision, or award made by any commissioner or referee, pursuant to such investigation, inquiry or hearing, when approved and confirmed by the commission and ordered filed in its office, shall be deemed to be the finding, order, deci- sion or award of the commission. Seal. § 5. The commission shall have a seal, bearing the following inscrip- tion: "Industrial accident commission State of California, seal." The seal shall be affixed to all writs and authentications of coi)ics of records and to such other instruments as the commission shall direct. All courts shall take judicial notice of said seal. Office in San Francisco. § 6. The commission shall keep its principal office in the city nnd county of San Francisco, and shall also keep an office in the '''^.V "f Los Angeles, and shall provide itself with suitable rooms, necessary nfficp , furniture, statione.rv and other supplies. For the purpose of holduiK sessions in other places, the commission shall have power to rent tem- porary quarters. Act 2144a, § 7 general laws. 1418 Appointees. § 7, The commission shall have full power and authority: Attorney. (1) 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 anj' 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 jiossible, in any action or proceeding in which any such question is involved; to commence, prosecute and expedite 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 juris- diction, powers or duties of the commission and members thereof; and generally to perform all duties and services as attorney to the com- mission which may be required of him. Secretary. (2) 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 proceedings 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. Manager of insurance fund. Bond. (3) 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 and af- fairs 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 fifty thousand dollars, 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. Superintendent of safety. (4) To appoint a superintendent 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. Other employees. (.5) To employ such other assistants, officers, experts, statisticians, ac tuaries, accountants, inspectors, referees and other employees, as it may 1419 MASTER AND SERVANT. Act 2144a, §§ 8-11 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. Compensation of employees. Expenses. § 8. All officers and employees 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 imposed on them by law or by the commission. The salaries of the members 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 commission, as fixed by law or by the commission, shall be paid monthly after being approved by the commission, upon claims therefor to be audited bj' the state board of control. All expenses incurred by the commission 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 other- wise provided in this act, 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; provided, however, that no such expenses incurred outside of the state shall be allowed unless prior authorization therefor be obtained from the board of control. Departmental expenses. § 9. In all cases in which salaries, expenses or outgoings of one department under the Jurisdiction of the commission are expended in whole or in part on behalf oT another department the commission may apportion the same between such departments. Blank forms. Minute-book. § 10. The commission shall cause to be printed and furnished free of charge to any employer or employee, or other person, such hlank forms as it shall deem requisite to facilitate or promote tlie efTit-ient administration of this act; it shall provide a book in which shall be entered the minutes of all its proceedings, a book in which shall bo re- corded all awards made by the commission and such other »>ooks or rec- ords as it shall deem requisite for the proper and efficient adininiptration of this act; all such records to be kept in the office of the commission. Powers. Fees. Reports. Fees paid into fund. § 11. The commission shall also have jiower and authority: (1) To charge and collect the following fees: for copies of pnpors and records not required to be certified or otherwise authcnticntod by the commission, ten cents for each folio; for certified copicH of omcnil documents and orders filed in its office or of the evidence taken 00 pro- ceedings had, fifteen cents for each folio. Act 2144a, §§ 12, 13 general laws. 1420 (2) To publish and distribute in its discretion from time to time, in addition to its annual report to the governor of the state, such further reports and pamphlets covering its operations, proceedings and matters relative to its work as it may deem advisable. (3) To fix and collect reasonable charges for publications issued under its authority. (4) 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. When liability exists against employer. § 12. (a) Liability for the compensation provided by this act, in lieu of any other liability whatsoever, shall, without regard to negli- gence, exist against an employer for any personal injury sustained by his employees by accident arising out of and in the course of the employ- ment and for the death of any such employee if the injury shall proxi- mately 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. Remedy against employer. (b) Where such conditions of compenlation exist, the right to re- cover 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 negli- gence 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 corporation, on the part of an elective oflSeer 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. Other conditions. (c) In all other cases where the conditions of compensation do not concur, the liability of the employer shall be the same as if this act had not been passed. "Employer." § 13. The term "employer" as used in sections 12 to 35, inclusive, of this act shall be construed to mean: The state, and each county, city 1421 MASTER AND SERVANT. Act 2144a, §§ 14, 15 and county, city, school district and all public corporations therein, and every person, firm, voluntary association, and private corporation, (in- cluding any public service corporation) who has any person in service under any appointment or contract of hire, or apprenticeship, express or implied, oral or written, and the legal representatives of any deceased employer. "Employee." § 14. 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 or written, including aliens and also including minors, but excluding any j)erson 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 horti- cultural labor, in stock or poultry raising or in household domestic service. Compensation schedule. § 15. WTiere liability for compensation under this act exists such com- pensation shall be furnished or paid by the employer and be as provided in the following schedule: Medical treatment. (a) 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 within ninety days thereafter, to cure and relieve from the effects of the injury, the same to be provided bv 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. Disability indemnity. (b) 1. If the accident causes disability, a disability indemnity which shall be pavable 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 emplover's regular pay-day, but not less frequently than twice in each calendar month, unless otherwise ordered by the commission, subject, however, to the following limitations: (1) If the period of disability docs 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. (2) If the period of disability lasts longer than two weeks Jrom th.« day the employee leaves work as the result of the injury, no ■ indemnity shall be recoverable for the first two weeks of such disability. 2. The disability indemnity payable shall be as follows: Act 2144a, §15 general laws. 1422 Temporary disability. (1) If the accident causes temporary total disability, sixty five per cent of the average weekly earnings during the period of such disability; (2) If the accident causes temporary partial disability, sixty-five per cent of the weekly loss in wages during the period of such disability; (3) If the temporary disability caused by the accident is at times total and at times partial, the weekly disability indemnity during the periods pf each such total or partial disability shall be in accordance with paragraphs (1) and (2) of this subdivision respectively; Aggregate indemnity. (4) Paragraphs (1), (2) and (3) of this subdivision shall be limited as follows: aggregate disability indemnity for a single injury causing temporary disability shall not exceed three times the average annual earnings of the employee, nor shall the aggregate disability period for such temporary disability in any event extend beyond two hundred forty weeks from the date of the accident. Permanent disability. (5) If the accident causes permanent disability, the percentage of dis- ability to total disability shall be determined and the disability indemnity computed and allowed as follows: for a ten per cent disability, sixty- five jier 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 average weekly earnings for a perioU 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 dis- ability, 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 disability, 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 re- mainder 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 re- mainder of life; for a hundred per cent disability, sixtj- 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 re- mainder of life. Intermediate schedule. (tt) The indemnity for permanent disabilities intermediate to those fixed by the foregoing schedule shall be computed and allowed as follows: 1423 MASTER AXD SERVANT. Act 2144a, § 15 if under seventy per cent, sixty-five per cent of the average weekly earn- ings for four weeks for each one per cent of disability; if seventy per cent or over, sixtj'-five per cent of the average weekly earnings for two hundred fort}' weeks and thereafter one per cent of "such weekly earn- ings for each one per cent of disability in excess of sixty per eeiit to be paid during the remainder of life. Determination of injury. (7) In determining the percentages of permanent disability, account shall be taken of the nature of the physical injury or disfigurement, the occupation of the injured employee and his age at the time of such injury. Incapacity due to illness. (8) Nothing contained in the foregoing schedule of permaueut disabil- ity indemnity shall be held to limit the amount of compensation recover- able for any such permadent injury during any period of total incapacity due to illness resulting from that injury, but any sum so received shall be deducted from the compensation payable in accordance with the said schedule. Total disabilities. (9) 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 imbecility or in- sanity. In all other cases, permanent total disability shall be determined in accordance with the fact. Death of injured employee. 3. 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 Las 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 dependents, to the personal representatives of the deceased employee or other person en- titled thereto, but such death shall be deemed to be the termination of the disability. Death benefits. (c) If the accident causes death, either with or without disaldlity, a death benefit which shall be payable in installments equal to sixty-five per cent of the average weekly earnings of the ileceased cm|>loye(>, ii|ion the employer's regular pay-day, but not less frequently than twice in eaidi calendar month, unless otherwise ordered by the commissiou, which death benefit shall be as follows: Leaving person wholly dependent. (!) In case the deceased employee leaves a person or persons whidly dependent upou him for support, "the death benefit shall be a sum sulli- Act 2144a, § 16 gener.vl laws. 1424 cient, when added to the disaVjility 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 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. Leaving person partially dependent. (2) In ease 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 support 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 indemnity which, at the time of the 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 average annual earnings to be taken at not less than three hundred and thirty-three dollars and thirt^'-three cents nor more than one thousand six hundred and sixty-six dollars and sixty-six cents. Leaving no person dependent. (3) If the deceased employee leaves no person dependent upon him for support, the death benefit shall consist of the reasonable expenses of his burial not exceeding one hundred dollars and such further death benefit as may be provided by law. Pasrment as a discharge. (d) PaA-ment of compensation in accordance with the order and direc- tion of the commission shall discharge the employer from all claims therefor. Limitation of actions. § 16. (a) Unless compensation is paid or an agreement for its pay- ment made within the time limited in this section for the institution of proceedings for its collection, the right to institute such proceedings shall be w^holly barred. (b) The periods within which proceedings for the collection of com- pensation may be commenced are as follows: (1) Proceedings for the collection of the benefit provided by sub- section (a) of section 15 or for the collection of the disability indem- nity 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. 1425 MASTER AND SERVANT. Act 2144a, § IG (2) Proceedings for the collection of the death benefit provided by subsection (c) of said section 15 mvist be commenced within one j-^ear from the date of death, and in any event within two hundred forty weeks from the date of the accident, and can only be maintained when it appears that death ensued within one year from the date of the aeeideut, 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 pro- ceedings for its collection commenced within the time limited for the commencement of proceedings for the recovery of the disability in- demnity. Payment extends period. (c) The payment of the 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 com- menced, six months from the date of the agreement or last payment of such disability indemnity or death benefit or any part thereof. In case of minor dependents. (d) 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 disability 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. Refusal of medical treatment. (e) 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 re- fusal to submit to medical treatment, or to any surgical treatment, the risk of which is, in the opinion of the commission, inconsiderable in view of the seriousness of the injury. Previous injury no bar. . (f) The fact that an employee has suffered a previous disability, or receives compensation therefor, shall not preclude him from comppiisa- tion for a later injury, or his dependents from conipc^nsufion for M.-nth resulting therefrom, but in determining compensation for the later iti- jury, or death resulting therefrom, his average annual eiirningK hIkUI be fixed at such sum as will reasonably represent bis annual earning capacity at the time of the later injury. 90 Act 2144a, § 17 general laws. 1426 Payment during incapacity not admission of liability, e}^. (g) Any payment, allowance or benefit received by the in3ured em- ployee 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 payable or when there is any dispute or question concerning the right to compensation, shall not, in the absence of any agreement, be construed 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 em- ployer, but any such payment, allowance or benefit may be taken into account by the commission in fixing the amount of the compensation to be paid. Average weekly and annual earnings. § 17. (a) The average weekly 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: In same emplo3mient one year. (1) If the injured employee has worked in the same employment, whether for the same employer or not, during substantially the whole of the year immediately preceding his injury, his average annual earn- ings 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. Less than one year. (2) 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 aver- age 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 when so employed. Other cases. (3) In every case where for any reason the foregoing methods of arriving at the average annual earnings of the injured employee cannot reasonably 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 siTuilar class, working in the same or most similar employment, in the same or neigh- boring locality, shall reasonably represent the ' average annual earning capacity of the injured employee at the time of the injur}' in the kind 1427 MASTER AND SERVANT. Act 214-ta, §§ 18, 19 of employment in which he was then working, or in any employment similar thereto. Items included in estimate. (b) In determining such average weekly earnings, there shall be in- eluded the market value of board, lodging, fuel and other advantages received by the injured employee, 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 employ- ment. Estimate in case of minor. (c) If the injured employee is a minor, and his incapacity, whether total or partial, is permanent, his average weekly earnings shall be deemed, within the limits fixed, to be the weekly sum, that under ordinary circumstances he would pirobably be able to earn after obtain- ing the age of twenty-one years, in the occupation in which he was employed at the time of the injury, if he had not been injured. Weekly loss in wages. § 18. The weekly loss in wages referred to in section 15 hereof shall consist of the difference between the average weekly 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 regard shall be had to the ability of the injured employee to compete in an open labor market. Persons wholly dependent for support. § 19. (a) The following shall be conclusively presumed to be wholly dependent for support upon a deceased employee: (1) A wife upon a husband with whom she was living at tlic time of his death. (2) A husband upon a wife upon whose earnings he is partially or wholly dependent at the time of her death. (3) 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. Dependency question of fact. (b) In all other cases, questions of entire or partial dependency and questions as to who constitute dependents and the extent of their de- pendency shall be determined in accordance with the fact, as the fact may be at the time of the death of the employee. Act 2144a, § 20 general laws. 1428 Persons not dependents. (c) No person shall be considered a dependent of any deceased em- ployee 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. Division of benefit between persons wholly and partially dependent. (d) 1. 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 receive no part thereof, unless otherwise ordered by the commission. 2. If there is more than one such person wholly dependent for support upon a deceased em.ployee, the death benefit shall be divided equally among them, unless otherwise ordered by the commission. 3. If there is more than one person partially dependent for support upon a deceased emploj'ee, and no person wholly dependent for sup- port, 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. Commission may apportion benefits. (e) The death benefits shall be paid to such one or more of the de- pendents of the deceased, or to a trustee appointed by the commission, 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, ap- portion such benefits among the dependents in proportion to their respec- tive needs and as may be just and equitable, and may order payment to a dependent subsequent in right, or not otherwise entitled, upon good cause being shown therefor. The person to whom the death benefit is paid for the use of the several beneficiaries shall apply the same in compliance with the findings and directions of the commission. Notice to employer of accident. Actual knowledge. § 20. No claim to recover compensation under this act shall be main- tained 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 some one 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 provided, further, that the failure to give any such notice, or any defect or inaccuracy therein, shall not be a bar to 1429 MASTER AND SERVANT. Act 2144a, §§ 21, 22 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. Examination by physician. § 21. (a) Whenever in case of injury the right to compensation under this act would exist in favor of any employee, ho shall, upon the written request of his employer, submit from time to time to examina- tion 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 commission or any member or referee thereof. Refusal to submit to examination. (b) The request or order for such examination 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 in any way obstruct the same, his right to begin or maintain any proceeding for the col- lection 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, sliall be barred. Any physician who shall make or be present at any such examination may be required to testify as to the results thereof. Application for hearing on dispute. § 22. Upon filing with the commission by any party in interest of an application in writing stating the general nature of any dispute or controversy concerning compensation, or concerning any riglit of lia- bility arising out of, or incident thereto, jurisdiction over which is vested by this act in the commission, a time and -,)lace 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 cither as a sum- mons 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 thin net. A notice of the time and place of hearing shall also be served upon the applicant. Act 2144a, §§ 23-25 general laws. 1430 Defendant's answer. § 23. If any defendant desires to disclaim any interest in the sub- ject 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 commission 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. Pleadings, testimony, etc. Stipulation of facts. § 2i. (a) No pleadings, other than the application 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 com- mission. Either party shall have the right to be present at any hear- ing, in person or by attorney or by any other agent, and to present such testimony as shall be pertinent under the pleadings, but the com- mission 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 employer to be ex- amined 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 testimony so taken and the results of any such inspection or examination to be reported to the commission for its consideration. (b) The parties to a controversy may stipulate the facts relative thereto in writing and file such stipulation with the commission. The commission may thereupon make its findings and award based upon such stipulation, or may in its discretion set the matter down for hear- ing and take such further testimony or make such further investigations as may be necessary to enable it to completely determine the matter in controversy. Findings and award. § 25. (a) After final hearing by the commission, it shall, within 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. Compensation. (b) 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 disability. Nominal disability indemnity. (c) If, in any proceeding under sections 12 to 3o. inclusive, of this act, it is proved that an accident has happened for which the employer 1431 MASTER AND SERVANT. Act 2144a. § 26 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. Orders may be rescinded, altered or amended. (d) The commission shall have continuing jurisdiction over all its orders, decisions and awards made and entered 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 therefor; provided, that no award of compen- sation shall be rescinded, altered or amended after two hundred forty- five weeks from the date of the accident. Any order, decision or awariTiing of Act 2144a, § 35 general laws. 1438 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 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. Notice of employer of insurajace carrier's liability. 2. If at the time of the happening of an accident for which com- pensation is claimed, or may be claimed, the employer shall be insured against liability for the full amount of compensation paA-able, 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 in- surance 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 insiTrance 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 em- ployer shall be dismissed therefrom. Such proceeding shall not abate on account of such substitution, but shall be continued against s\ich insurance carrier. Insurance carrier subrogated to employer's rights. (f) Where any employer is insured against liability for compensation with any insurance carrier and such insurance carrier shall have paid an.y compensation for which the employer was liable, or shall have assumed the liability of the employer therefor, it shall be subrogated to all the rights and duties of the employer and may enforce any such rights in its own name. "Limited, compensation policy." § 35. (a) 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. 1439 MASTER AND SERVANT. Act 2144a, §§ 36-38 Damages recoverable at law not insurable. (b) No insurance carrier shall insure against the liability of the employer for damages recoverable at law by the injured "eni]iloyeo under the optional provisions contained in section 12 hereof, and any insurance carrier liable to any such injured employee foi compensa- tion upon the paj-ment 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 damages against the em- ployer in its own name, anything in the insurance contract to the contrary notwithstanding. "State compensation insurance fund" created. § 36. There is hereby created and established a fund to be known as the "state compensation insurance fund," to be administered by t"he 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. Revolving fund. § 37. (a) The state compensation insurance fund shall be a revolving fund and shall consist of su(;h specific appropriations 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 ujior, moneys belonging to said fund and deposited or invested, as herein provided. Charges against fund. (b) Said fund shall be applicable to the payment of losses sustained on account of insurance and to the payment of the salaries and otlwr expenses to be charged against said fund in accordance witli tlie pro- visions contained in this act. Self-supporting, . (c) Said fund shall, after a reasonable time during wlu.-li 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. Commission vested witli full power over fund. , § 38. (a) The commission is hereby vested with full power, nufhonty and jurisdiction over the state compensation insurance fund ami may do and perform any and all things whether herein specifically des,gn:it.;.l. or in addition thereto, which are necessary or convenient in the cx.t.mho of any power, authority or jurisdiction over said fund in the ndmin- Act 2144a, § 38 geneeal laws. 1440 istration thereof, or in connection 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. To fix rates. (b) The commission 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 conduct all business and affairs in relation thereto, all of which business and affairs shall be conducted in the name of the state compensa- tion insurance fund, and in that name, without any other name or title, the commission may: Powers of commission. (1) Sue and be sued in all the courts of the state in all actions aris- ing out of any act, deed, matter or thing made, omitted, entered into, done, or suffered in connection with the state compensation insurance fund, the administration, management or conduct of the business or affairs relating thereto. (2) Make and enter into contracts of insurance as herein provided, and such other contracts or obligations relating to the state compensa- tion insurance fund as are authorized or permitted under the provisions of this act. (3) Invest and reinvest the moneys belonging to said fund as here- inafter provided. (4) Conduct all business and affairs, relating to the state compensation insurance fund, whether herein specifically designated or in addition thereto. May delegate powers. (c) The commission may delegate to the manager of the etata 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 con- nection 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 subject to its approval. Not liable personally. (d) 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 compensation insurance fund, its business or other affairs relating thereto. 1441 MASTER AND SERVANT. Act 2144a, §§ 39, 40 Powers of insurance fund manager. § 39. In conducting the business and affairs of the state compensa- tion insurance fund, the manager of the said fund or other officer to whom such power and authority may be delegated by the commission, as provided by subsection (c) of section 38 hereof, shall have full power and authority: (1) To enter into contracts of insurance, insuring employers against liability for compensation and insuring to employees and other persons the compensation fixed by this act. (2) To sell annuities covering compensation benefits. (3) To decline to insure any risk in which the minimum requirements of the commission with regard to construction, 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 subdivision, to refuse to insure any compensation risk tendered with the premium therefor. (4) To reinsure any risk or any part thereof. (5) To inspect and audit, or cause to be inspected and audited the pay-rolls of employers applying for insurance against liability for compensation. (6) 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 with physicians, surgeons and hospitals for medical and surgical treatment and the care and nursing of injured persons entitled to benefits from said fund. Rates for compensation insurance. § 40. (a) It shall be the duty of the commission to fix and determine the rates to be charged by 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 accordance with the elements of bodily risk or safety or other lia/.ard 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 accident experience and history of each such insured, and the meana and methods of caring for injured persons, but such rates shall taKo no account of the extent to which the employees in any particular establishment have or have not persons dependent upon them for support. How determined. (b)The rates so made shall be tTiat percentage of the pay roll of any employer which, in the long run and on the average, .shall |.rod..c8 a sufficient sum, when invested at three and one-half per cent interest: 91 Act 21'14a, §§ 41-43 general laws. 1442 (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. Rates either limited or unlimited. § 41. The insurance contracts entered into between the state com- pensation insurance 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 daj's 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 per- son for one day. Nothing in this act shall be construed to prevent any person applying for compensation insurance from being covered tempo- rarily until the application is finally acted upon, or to prevent the in- sured from surrendering any policy at any time and having returned to him the difference between the premium paid and the 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. Policies for employers, etc. § 42. The state compensation insurance fund may issue policies, in- cluding with their employees, employers who perform labor incidental to their occupations, and including 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 compensa- tions 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 pur- pose of such insurance, shall be deemed to be employees within the mean- ing of sections 12 to 35, inclusive, of this act. State treasurer custodian of fund. § 43. 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 1443 MASTER AND SERVANT. Act 2144a, §§ 44, 45 to time, designate, and such moneys when so delivered or deposited shall be credited hy the treasurer 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 there- from 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. Monthly estimate to board of control, § 44. (a) The commission shall submit each month to the state board of control an estimate of the amount necessary to meet the current dis- bursements from the state compensation insurance fund during each suc- ceeding 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 treas- urer is authorized and directed to pay the same. Monthly accounting. (b) At the end of each calendar month the commission shall account to the state board of control and the state controller for all moneys so received, furnishing proper vouchers therefor. Semi-annual valuation of properties. (c) During the months of January and July of each year the state board of control or the commission shall 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 ledger account show- ing 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 insur- ance fund shall be credited to such fund. Investment of surplus. § 45. (a) The commission shall cause all moneys in the state com- pensation insurance fund, in excess of current rcquiremiMits, to be in- vested and reinvested, from time to time, in the securities now or here- after authorized by law for the investment of funds of savings hankR. (b) The commission shall, from time to time, submit to the state board of control an estimate of the amount required by it for investment, which estimate shall be accompanied by a full description of the kind and char- acter of the investments to be made and, when such estimato shall be approved by the state board of control, the controller is directed to draw his warrant on the state compensation insurance fund in favor of the commission for such amount and the treasurer is authorized and directed to pay the same. Aet 2144a, §§ 46-49 general laws. 1444 (c) 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 public moneys under the same rules and regulations that govern the deposit of other public funds and the interest accruing thereon shall be credited to the state compensation insurance fund. Counties may insure. § 46. Each county, city and county, city, school district or other pub- lic corporation within the state, may insure against its liability for com- pensation, with the state compensation 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. Schediiles of rates to be furnished certain oflB.cers. § 47. When the premium rates for insurance in the state compensa- tion insurance fund shall have been established the commission shall fur- nish schedules of rates and copies of the forms of policy to the commis- sioner 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 foregoing may be furnished to fill out and transmit to the manager of the state compensation insurance fund applications for compensation insurance in such fund and to receive and transmit to said manager all premiums paid on account of any policy issued or ap- plied for. Quarterly report to governor. § 48. 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 statement 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 abstract thereof to be published one or more times in at least two newspapers of general circulation in the state. The commission shall likewise make to the state insurance com- missioner all reports required by law to be made by other insurance carriers. Penalty for misrepresenting pay-roll. § 49. Any employer who shall willfully misrepresent the amount of the pay-roll upon which his premium' under this act is to be based shall be liable to the state in ten times the amount of the difference in pre- mium paid and the amount the employer should have paid had his pay- roll been correctly computed, and the liability to the state under this 1^5 MASTER AND SERVANT. Act 2144a, §§ 50, 51 section shall be enforced in a civil action in the name of the state com- pensation insurance fund and any amount so collected shall become a part of said fund. Other misrepresentation, misdemeanor. § 50. Any person who willfully misrepresents any fact in order to obtain insurance at less than the proper rate for such insurance, or in order to obtain any payments out of such fund, shall be guilty of a misdemeanor. Definitions. § 51. 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: "Place of employment." (1) The phrase "place of employment" shall mean and include every place, whether indoors or out or underground, or elsewhere, and the prem- ises appurtenant thereto, where, either temporarily or permanently, any industry, trade, work or business is carried on, or where any process or operation directly or indirectly 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, agri- cultural, vitieultural or horticultural labor, in stock or poultry raising or in household domestic service. "Employment." (2) The term "employment" shall mean and include any trade, work, business, occupation or process of manufacture, or any method of carry- ing on such trade, work, business, occupation or process of manuf:ifture in which any person may be engaged, except where persons are employiMl solely in farm, dairy, agricultural, vitieultural or horticultural labor, in poultry or stock raising or in household domestic services. "Employer." (3) The term "employer" shall mean and include every person, firm, voluntary association, corporation, officer, agent, manager, representative or other person having control or custody of any employmcut, place of employment or of any employee. "Employee." (4) The term "employee" shall mean and incliulo every perHon wlio may be required or directed by any employer, in consideration of dirt'cf 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. "Order." (5) The term "order" shall mean and include any decision, rule, regu- lation, direction, requirement or standard of the commission or any other Act 2144a, §§52, 53 general laws. 1446 determination arrived at or decision made by such commission under the safety provisions of this act. "General order." (6) The term "general order" shall mean and include 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 employment of a class under the ju- risdiction of the commission. All other orders of the commission Shall be considered special orders. "Local order," (7) 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 corporation, or an order or direction of any other public official or board or department upon any matter over which the industrial accident commission has jurisdiction. "Safe," "safety." (8) 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 employment will reasonably permit. "Safety device." "Safeguard." (9) 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. Duty of employer. § 52. Every employer shall furnish emploj'ment 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, nietliods, operations and processes as are reasonably adequate to render such employment and place of employment safe, and shall do every other thing reasonably necessary to protect the life and safety of such em- ployees. Employee not to go into unsafe place. § 53. No employer 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 safeguards or fail to adopt and use methods and processes reason- ably adequate to render such employment and place of employment safe, and 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 1447 MASTER AND SERVANT. Act 2144a, §§ 54-57 such employer shall occupy or maintain any place of employment that is not safe. Unsafe structures. § 54. 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. Removing safety device prohibited. § 55. No employee 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 process adopted for the protection of any employee in such employ- ment, or place of employment, or fail or neglect to do every other thing reasonably necessary to protect the life and safety of such employees. Supervision of places of empl03nnent. § 56. The commission is vested with full power and jurisdiction over, and shall have such supervision of, every employment and place of em- ployment in this state as may be necessary adequately to enforce and administer all laws and all lawful orders requiring such employment and place of employment to be safe, and requiring the protection of the life and safety of every employee in such employment or place of em- ployment. Powers. § 57. The commission shall have power, after a hearing had upon its own motion or upon complaint, by general or special orders, rules or regu- lations, or otherwise: Safety devices, (1) To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the emfiloyecs of every employment and place of employment safe as required by law or lawful order. Standards of safety. (2) To fix such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, main- tenance and operation of safety devices, safeguards and other menus 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 protec- tion of the life and safety of employees in employments and places of employment. Standards of construction. . .• (3) To fix and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render them safe. Act 2144a, §§ 58-60 general laws. 1448 Protection of life. (4) To require the performance of anj- other act which the protection of the life and safety of employees in employments and places of employ- ment may demand. Forms of accidents reports. (5) To declare and prescribe the general form of industrial accidents reports, the accidents to be reported and the information to be furnished in connection therewith, and the time within which such report shall be filed. Nothing in this act contained shall be construed to prevent the commission from requiring supplemental accident reports. Publication of hearing on general safety orders. § 58. 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. May order places, etc., made safe. § 59. Whenever the commiesion, after a hearing had upon its own motion or upon complaint, shall find that any employment or place of employment is not safe or that the practices or means or methods or operations or processes employed or used in connection therewith are unsafe, or do not afford adequate protection to the life and safety of em ployees in such emploj^ments and places of emploj'ment, the commission shall make and enter and serve such order relative thereto as may be necessary 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 additions, re- pairs, improvements or changes be made and such safety devices and safeguards be furnished, provided and used, as are reasonably required to render such employment or place of employment safe, in the manner and within the time specified in said order. Time for complying with order. § 60. The commission may, upon application 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 commis- sion shall grant if it finds such an extension of time necessary, 1449 MASTER AND SERVANT. Act 2144a, §§ 61-65 May investigate unsafe places. § 61. Whenever the commission shall learn or have reason to believe that any employment or place of employment 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 hear- ings, 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. Duty of employer, etc., to comply with orders. § 62. Every employer, employee and other person shall obey and comply with each and every requirement of every order, decision, direc- tion, rule or regulation made or prescribed by the commission in connec- tion with the matters herein specified, 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 em- ployment, and shah do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation. Review of orders by court. § 63. 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 speci- fied and not otherwise. County and city authorities not deprived of power. § 64. Nothing contained in this act shall be construed to deprive the board of supervisors of anv countv, or city and county, the board of trus- tees of anv city, or anv other public corporation or board or department, of any power or jurisdiction over or relative to any place of employment; provided, that whenever the commission shall, by order, fix a standani of safetv for emplovments or places of employment, such order shall, upon the filintr bv the commission of a copy thereof with the clerk ot the countv, city and'countv, or city to which it may apply, establish >i '"'"'; mum 'reauirement concerning the matters covered by such order and shall be construed in connection with any local order relative to the same matter and to amend or modify any requirement in such local or.ler not up to the standard of the order of the commission. rurther power and authority. § 65. The commission shall have further power and autlmntA: Museums of safety. , . ...i,:..i, (1) To establish and maintain museums of sa .-t.v and l..\ui' '■'■,'","'" shall be exhibited safety devices, safeguards and other means and u.ctho.lH Act 2144a, §§ 66-68 general laws. 1450 for the protection of the life and safety of employees, and to publish and distribute bulletins on any phase of this general subject. Lectures on accidents. (2) 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 pre- vention of industrial accidents, occupational diseases and related subjects. Advisers on standards of safety. (3) To appoint advisers who shall, without compensation 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. Orders, etc., as evidence. § 66. Every 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 conclusively presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety, unless, prior to the institution of the prosecution for such violation or violations, proceedings 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. Penalty for not complying with orders. § 67. Every employer, employee or other person who, either individu- ally or acting as an officer, agent or employee of a corporation or other person, 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 provision, that the accused has failed or refused to comply with any order, rule, regulation or reciuirement 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. Separate offenses. § 68. Every violation of the provisions contained in sections 52, 53, 54, or 55, of this act, or any part or portion thereof, by any person or cor- poration is a separate and distinct offense, and, in the case of a continu- ing violation thereof, each day's continuance thereof shall constitute a separate and distinct offense. 1451 . MASTER AND SERVANT. Act 2144a, §§ 69-72 Fines paid into fund. § 69. 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. May not divulge confidential information. § 70. It shall be unlawful for any member of the commission, or for any oflBcer or employee of the commission, to divulge to any person not connected with the administration of this act any confidential informa- tion 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 commission or any officer or employee of the commission divulging such confidential information shall be guilty of a misdemeanor. Employers' reports of accidents to employees. § 71. (a) Every employer of labor, and every insurance carrier, is hereby required to file with the commission, under such rules and regula- tions 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 questions required by the commission under its rules and regulations. Any 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. Answers to questions of commission. (b) Every employer or insurance carrier receiving from the commission any blanks "with directions to fill out the same shall cause the same to bo properlv filled out so as to answer fully and correctly each question pro- pounded therein; in case he is unable to answer any such questions a good and suflBcient reason shall be given for such failure. Information not open to public. (c) No information furnished to the commission by an employer or an insurance carrier shall be open to public inspection or made public ex- cept 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 commission who, in violation of the provisions of this subsection, divulges any information shall be guilty of a misdemeanor. Commission to investigate aU industrial accidents. § 72. (a) The commission shall invcstit.'atc the cause of all industrial accidents occurring within the state in any employment or pla.-e of em- ployment, or directly or indirectly arising from or connected with tho Act 2144a, § 73 general laws. • 1452 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 investigation; and the commission shall have the power to make such orders or recommendations with respect to such acci- dents as may be just and reasonable, provided that neither the order nor the recommendation 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. May enter places of employment. (b) For the purpose of making any investigation which the commission is authorized to make under the provisions of this section, or for the pur- pose 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 employment. Penalty for obstructing investigation. (e) Any emploj'er, insurance carrier or any other person who shall vio- late 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. Proceedings before commission. § 73. (a) x\ll proceedings for the recovery of compensation, or con- cerning any right or liability arising out of or incidental 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 emploj'ee, his dependents or any third person, or for the deter- mination of any question as to the distribution 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 instituted 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 de- termine 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. Orders lawful. (b) All orders, rules and regulations, findings, decisions and awards cf the commission in conformity vrith law shall be in force and shall be prima facie lawful; and all such orders, rules and regulations, findings, decisions and awards shall be conclusively presumed to be reasonable and lawful, until and unless they are modified or set aside by the commission 1453 MASTER AND SERVANT. Act 2144a, §§ 74, 75 or upon a review by the courts in this act specified and within the time and in the manner herein specified. Service of notice. § 74. (a) Any notice, order or decision required hy this act to be served upon any person or party either before, during or after the insti- tution of any proceeding before the commission, may be served in the manner provided by chapter 5, title 14 of part 2 of the Code of Civil Procedure of this state, unless otherwise directed by the commission or a member thereof, in which event the same shall be served in accordance with the order or direction of said commission or member thereof. Secretary and inspectors have powers of peace officers. (b) 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. Notices affecting state, etc. (c) Any such notice, order or decision 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. Further power and authority. § 75. The commission shall have full power and authority: Rules of practice. (1) To adopt reasonable and proper rules of practice and procedure; Appearance of minors. (2) To regulate and provide the manner, and by whom, minors and incompetent persons shall appear and be represented before it; Guardian ad litem. (3) To appoint a trustee or guardian ad litem to appear for and repre- sent any such minor or incompetent upon such terms and conditions as it mav deem proper; and such guardian or trustee must give a bond in the same form and of the same character required by law from the guard- ian 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 discharged from liabilitv until he shall have filed an account with the commission or with the probate court and such account shall have liccn approved. The trustee or guardian shall be entitb'd to receive such com- pensation for his services as shall be fixed and allowed by the commission or by the probate court; Act 2144a, § 76 general laws. 1454 Joinder of persons. (4) To provide for the joinder in the same proceeding of all persons interested therein, whether as employer, insurance carrier, employee, de- pendent, creditor or otherwise; Notices. (5) To regulate and prescribe the kind and character of notices, where not otherwise prescribed by this act, and the service thereof; Evidence. (6) To regulate and prescribe the nature and extent of the proofs and evidence. Reference of cases. § 76. (a) 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 eases: (1) 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 a fact necessary to enable the commission to deter- mine any proceeding before it or to make any order, decision or award that the commission is authorized to make under this act, or that is necessary for the information of the commission. Referees. (b) The commission may appoint one or more referees in any proceed- ing, as it may deem necessary or advisable, and may refer separate mat- ters 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 appointed and who shall hold oflSce during the pleasure of the commission. Any referee ap- pointed by the commission shall have such powers, jurisdiction and au- thority as is granted under the law, by the order of appointment and by the rules of the commission and shall receive such salary or compensa- tion for his services as may be fixed by the commission. Objection to referee. (c) Any party to the proceeding may object to the appointment of any person as referee upon any one or more of the grounds specified in sec- tion 641 of the Code of Civil Procedure and such objection must be heard and disposed of by the commission. Atfidavits may be read and wit nesses examined as to such objections. Oath of referee. (d) Before entering upon his duties, the referee must be sworn before an ofncer authorized to administer oaths, faithfully and fairly to hear and determine the allegations and evidenc,e of the parties in relation to ' 1455 MASTER AND SERVANT. Act 2144a, §§ 77, 78 the matters in the reference, and to make just findings and report accord- ing to his understanding. Referee's findings. (e) The referee must report his findings in ivriting 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. Action on report. (f) 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 with or v/ithout 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. Rules of procedure and of evidence. § 77. (a) All hearings and investigations 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. Deposition of witnesses. (b) The commission or any member thereof or any party to the action or proceeding may, in any investigation or hearing before the commis- sion, 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. Power to administer oaths, issue subpoenas, etc. Fees and mileage of witnesses. § 78. The commission and each member thereof, its secretary and referee, shall have power to administer oaths, certify to all official nets, and to issue subpoenas for the attendance of witnesses and the produc- tion of papers, books, accounts, documents and testimony in any in(piiry, investigation, hearing or proceeding in any part of the state. Eneh wit- ness 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 wit- ness in civil cases, which amount shall be paid by the party at wboHO request such witness is subpoenaed, unless otherwise ordered by the com- Act 2144a, § 79 general laws, 1456 mission. When any witness who has not been required to attend at the request of any party is subpoenaed by the commission his fees and mile age may be paid from the funds appropriated for the use of the commis- sion 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 de- mands 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. Superior court may compel witnesses to attend. Order to attend. Remedy cumulative. § 79. 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 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 required 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 aby 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 peti- tion, setting forth that due notice has been given of the time and j)lace 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 pro- pounded 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 com- mission 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 1457 MASTER AND SERVANT. Act 2144a, §§ 80, 81 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 produc- tion of papers, and to punish for contempt in the same manner and to the same extent as courts of record. Power to do all things necessary. § 80. (a) 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 con- ferred upon it under this act. May issue all necessary process. (b) 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 com- mission 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 an,y 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 wit- nesses. Application for rehearing. § 81, (a) Any party or person aggrieved directly or indirectly by any final order, decision, award, rule or regulation of the commission, iiindo 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 speci- fied in the application for rehearing within the time and iu the muuner hereinafter specified, and not otherwise. When cause of action accrues in court, (b) 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 per- son shall have made application for such rehearing, and such nppl.cntion shall have been granted or denied; provided, that nothing herein ron tained shall be construed to prevent the enforcement of any such fln:il order, decision, award, rule or regulation in the manner provided in this act. 92 Act 2144a, § 81 general laws. 1458 Matter contained in application. (e) 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 con- sidered 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 ap- plicant for such rehearing shall be deemed to have finally waived all objections, irregularities and illegalities concerning the matter upon which such rehearing is sought other than these set forth in the applica- tion for such rehearing. Service on adverse parties. (d) A copy of such application for rehearing shall be served forth- with on all adverse parties, if any, and any such adverse party maj' file an answer thereto within ten days thereafter. Such answer must like- wise be verified. If there are no adverse parties, such application may be heard ex parte or the commission may require the application for re- hearing to be served on such parties as may be designated by it. Action on application. (e) 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 confirming 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 deter- mine the matter or matters raised by such application. Notice of the time and place of such rehearing shall be given to the applicant and the adverse parties, if any, and to such other persons as the commission may order. Commission may modify original order. Application deemed denied. (f) If after such rehearing and a consideration of all the facts, in- cluding 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 unwar- ranted, or should be changed, the commission may abrogate, change or modify the same. An order, decision or award made after such rehear- ing, 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 appdication 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, extend 1459 MASTER AND SERVANT. Act 2144a, §§ 82, 83 the time within which it may act upon such application for rehearing for not exceeding thirty days. Time and grounds for rehearing on award. § 82. (a) At any time within twenty days after the ser^/ice of any final order or decision of the commission awarding or denying compen- sation, 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) That the commission acted without or in excess of its powers. (2) That the order, decision or award was procured by fraud. (3) That the evidence does not justify the finding of fact. (4) That the applicant has discovered new evidence, material to him, and which he could not, with reasonable diligence have discovered and produced at the hearing. (5) That the findings of fact do not support the order, decision or award. Not limitation on commission. (b) Nothing contained in this section shall, however, be construed to limit the right of the commission, 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 com- pensation awarded upon the grounds that the disability of the person in whose favor such award was made has either increased or diminished oi terminated. Time and grounds for rehearing on other order, etc. § 83. (a) 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 rehearing upon one or more of the following grounds and upon no other grounds: (1) That the commission acted without or in excess of its powers. (2) That the order or decision was procured by fraud. (3) That the order, decision, rule or regulation is unreasonable. No limitation on commission. (b) ISTothing contained in this section shall be construed to limit the right of the commission, at any time and from time to time, to ado]it 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 continu- ing jurisdiction over the same or to prevent the enforcenient in issing grades in all such courses, that the applicant or applicants shall be admitted to examination for their respective form of certificates. The said application shall be made upon a blank furnished by said board and it shall contain such information concerning the medical in- struction and the preliminary education of the applicant as the board may by rule prescribe. In addition to the requirements hereinabove ]>rovided for, applicants for either form of certificate hereunder shall present to said board at the time of mailing such application a diploma from a California high school or other school in the state of California requiring and giving a full four years' course of same grade, or other scliools elsewhere, requiring and giving a full four years' standard high school course, or its equivalent, approved by the board, together with satisfactory proof that he is the lawful holder of such diploma and that the same was procured in the regular course of instruction. In lieu of such diploma, the applicant may present: (1) a certificate from the col- lege entrance examination board, or the college examining board of any state or territory showing that such applicant has successfully passed the examination of said board; or (2) if such applicant be thirty years or more of age he may show to the satisfaction of the board of medical examiners proof of preliminary education equivalent in training power to the foregoing requirements. After January 1, 1919, every applicant for a "physician and surgeon certificate" shall in addition to the fore- going requirements, present to the board satisfactory evidence that before beginning the study of medicine he has completed a course which in- cludes at least one year of work, of college grade, in each of the subjects of physics, chemistry and biology. Course of instruction. § 10. Apj)licants for either form of certificate shall file satisfactory evidence of having pursued in any legally chartered school or schools, approved by the board, a course of instruction covering and including the following minimum requirements: 93 Act 2164, § 10 GHNERAli LAWS. 1474 For a "Physician and Surgeon Certificate." Group 1. 825 hours. Anatomy 600 hours Embryology 75 hours Histology 150 hours Group 2. 620 hours. Elementary chemistry and toxicology 140 hours Advanced chemistry 180 hours Physiology 300 hours Group 3. 700 hours. Elementary bacteriology 60 hours Advanced bacteriology' 100 hours Hygiene 90 hours Pathology 450 hours Group 4. 240 hours. Materia mediea 80 hours Pharmacology 105 hours Therapeutics 55 hours Group 5. 1120 hours. Dermatology and syphilis 45 hours General medicine and general diagnosis 700 hours Genitourinary diseases 45 hours Nervous and mental diseases 180 hours Pediatries 150 hours Group 6. 965 hours. Laryngology, otology, rhinology 60 hours Opthalmology 60 hours Surgery and surgical diagnosis 500 hours Orthopedic surgery 45 hours Physical therapy, including electrotherapy, X-ray, radiography, hj'drotherapy 300 hours Group 7. 300 hours. Gynecology 105 hours Obstetrics 195 hours Miscellaneous. 30 hours. Ethics, jurisprudence, etc 30 hours Total 4,800 hours Dnigless practitioners. For a "Drugless Practitioner Certificate." Group 1. 645 hours. Anatomy 510 hours Histology 135 ho^l^s 1475 MEDICINE. Act 2164, § 11 Group 2. 420 hours. Elementary chemistry and toxicology 120 hours Physiology 300 hours Group 3. 375 hours. Elementary bacteriology 60 hours Hygiene 4o hours Pathology 270 hours Group 4. 420 hours. Diagnosis 420 hours Group 5. 260 hours. Manipulative and mechanical therapy 260 hours Group 6. 300 hours. ■'• !<; ■ Gjmecology 105 hours Obstetrics 195 hours Total 2,400 hours In the course of study herein outlined the hours required shall be actual work in the class-room, laboratory, clinic or hospital, and at least eighty (80) per cent of actual attendance shall be required; provided, that the hours herein required in any one subject need not exceed seventy-five (75) per cent of the numlaer specified, but that the total number of hours in all the subjects of each group shall not be less than the total number specified for such group. Additional requirements for physicians, § 11. In addition to above requirements, all applicants for "physician and surgeon certificates" must pass an examination to be given by the board in the following subjects: 1. Anatomy and histology. 2. Physiology. 3. Bacteriology and pathology. 4. Chemistry and toxicology. 5. Obstetrics and gynecology. 6. Materia medica and therapeutics, pharmacology, including pre- scription writing. 7. General medicine, including clinical microscopy. 8. Surgery. 9. Hygiene and sanitation. For drugless piactitioners. All applicants for "drugless practitioner certificates" must pass an examination in the following subjects: 1. Anatomy and histology, 2. Physiology, 3. General diagnosis, Act 2164, § 12 GENERAL LAWS. 1476 4. Pathology and elementary bacteriology, 5. Obstetrics and gynecology, 6. Toxicology and elementary chemistry, 7. Hygiene and sanitation; provided, that a person who holds a "drugless practitioner certificate," and who presents evidence" of having successfully completed the addi- tional courses required for the "physician and surgeon certificate" as hereinbefore provided, shall be permitted to take his examination in sub- jects required for a "physician and surgeon certificate" without being re-examined in "drugless practitioner" subjects. Character of examinations. General average. Papers kept on file. Ques- tions. Form of certificates. All examinations shall be practical in character and designed to ascer- tain the applicant's fitness to practice his profession, and shall be con- ducted in the English language, and at least a portion of the examina- tion in each of the subjects shall be in writing. There shall be at least ten questions on each .subject, the answers to which shall be marked on a scale of zero to one hundred. Each applicant must obtain not less than a general average of seventy-five per cent, and not less than sixty per cent in any two subjects; provided, that any applicant shall be granted a credit of one per cent upon the general average for each year of actual practice since graduation; provided, further, that any applicant for "physician and surgeon certificate" obtaining seventy-five (7.5) per cent each in seven subjects, and any applicant for "drugless practitioner certificate" obtaining seventy-five per cent each in five subjects shall be subsequently re-examined in those subjects only in which he failed, and without additional fee. The examination papers shall form a part of the records of the board, and shall be kept on file by the secretary for a period of one year after each examination. In said examination the applicant shall be known and designated by number only, and the name attached to the number shall be kept secret until after the board has finally voted upon the application. The secretary of the board shall in no instance participate as an examiner in any examination held by the board- All questions on any subject in which examination is required under this act shall be provided by the board of medical examiners upon the morning of the day upon which examination is given in such subject, and when it shall be shown that the secretary or any member of the board has in any manner given information in advance of or during examination to any applicant it shall be the duty of the governor to remove such person from the board of medical examiners, or from the ofiice of secretary. All certificates issued hereunder must state the extent and character of practice which is permitted thereunder and shall be in such form as shall be prescribed by the board. Array and navy surgeons authorized to practice. Fee. § 12. Any medical -29 sending of an affidavit showing the fact of loss and on payment of a fee of one dollar ($1) to the state treasurer. An application for the annual renewal of a chauffeur's license shall be accompanied by the proper fee required by this act. Register of applications. § 25. Upon the receipt of an application as provided in section 24 of this act the department of engineering shall thereupon file the same, and register the applicant in a book or on index cards which shall be kept in the same manner, subject to public inspection, as the books or index cards for the registration of motor vehicles. Use of fictitious name, etc., prohibited. § 26. No person shall use a fictitious name in applying for such chauffeur's license, nor shall any chauffeur, licensed as herein provided, voluntarily permit any other person to possess or use his license, or badge; nor shall any person while operating or driving a motor vehicle use or possess any license or badge belonging to another person, or a fictitious license or badge. Persons operating motor vehicles must comply witn act after December 31, 1913. § 27. No person shall operate or drive a motor vehicle upon a public highway of this state after the thirty-first day of December, 19i:i, unless such person shall have complied in all respects with the requirements of this act; provided, however, that a nonresident operator or chauffeur who has complied with the provisions of the country or state of his residence relative to the operation of motor vehicles, shall be exempt from license hereunder for a period of three months; provided, further, that when operating a motor vehicle he shall wear a badge assigned to him in the country or state of his residence. Unauthorized use of vehicle a felony. § 28. Any person who shall drive or operate, or cause to be driven or operated, upon any public highway within the state, any motor vehicle not his own, with or without intent to steal the same, in the absence of the owner thereof and without such owner's consent, shall be guilty of a felony; provided, however, that this section shall not bo applicable to motor vehicles, the fair value of which at the time of the commencement of such unauthorized use is less than three hundred dollars. Unauthorized use of machine wcrth less than three hundred dollars a misdemeanor. , n i • § 29. Anv person who, with or without intent to steal, shall drive or operate, or cause to be driven or operated, upon any public highway witliin this state, any motor vehicle not his own, of a fair va ii.-. at tho time of the commencement of .such unauth... i /..l i.^-, ..f l.'ss than tl.rm Act 2331a, §§30-33 general laws. 1510 hundred dollars ($300), in the absence of the owner thereof and without such owner's consent, shall be guilty of a misdemeanor. Breaking, injuring, etc., vehicle a misdemeanor. § 30. (a) Any person who shall individually or in association with one or more others, willfully break, injure, tamper with or remove any part or parts of any motor vehicle, for the purpose of injuring, defacing or destroying such vehicle, or temporarily or permanently preventing its useful operation, or for any other purpose against the will or without the consent of the owner of such vehicle, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, shall be guilty of a misdemeanor. Getting, into vehicle etc., without consent misdemeanor. (b) Any person who shall, without consent of the owner, or person in charge, of a motor vehicle, climb upon or into such vehicle, whether the same be in motion or at rest; or who, while such vehicle is at rest and unattended, shall attempt to manipulate any of the levers, the starting crank, brakes, or mechanism thereof, or to set said vehicle in motion shall be guilty of a misdemeanor. Chauffeur prohibited from receiving bonus on supplies, etc. § 31. No chauffeur or other person having the care of a motor vehicle for the owner shall receive or take, directly or indirectly, without the written consent of such owner, any bonus, discount or other considera- tion for supplies or parts furnished or purchased for such motor vehicle, or on any work or labor done thereon by others, or on the purchase of any motor vehicle for his employer; and no person furnishing such supplies or parts, work or labor, or selling any motor vehicle shall give or offer any such chauffeur or other person having the care of a motor vehicle for the owner thereof, directly or indirectly, without such owner's written consent, any bonus, discount, or other consideration thereon. Any person violating this section shall be guilty of a misdemeanor. Penalty, § 32. Excepting as in this act otherwise expressly provided, any per- son violating any of its provisions shall be deemed guilty of a misde- meanor, and upon conviction thereof unless in this act otherwise expressly provided, shall be punishable by a fine not exceeding one hundred dol- lars, or by imprisonment not exceeding thirty days, or both, for the first offense; and punishable by fine of not less than fifty dollars nor more than one hundred dollars, or imprisonment not exceeding thirty days, or both, for a second offense; and punishable by a fine of not less than one hundred dollars nor more than two hundred and fifty dol- lars, or imprisonment not exceeding thirty days, or both, for a third or subsequent offense. Penalty for violating section 28. § 33. Any person violating any of the provisions of section 28 of this act shallf on conviction thereof, be punishable by imprisonment in 1511 MOTOR VEHICLES. Act 2331a, § 34 the state prison for a term of not less than one year nor more than five years. False statement in application. § 3-i. (a) Any person who willfully, with intent to deceive, makes a false statement in his verified application for license as chauffeur, shall be guilty of a misdemeanor. Penaity for driving vehicle while intoxicated. (b) Any person operating or driving a motor or other vehicle while intoxicated shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than ten dollars ($10) nor more than two hundred dollars ($200) or by imprisonment not exceeding thirty days, or both, for the first offense; and punishable by a fine of not less than twenty-five ($25) dollars nor more than four hundred dollars ($400), or imprisonment not less than ten nor more than sixty days, or both such fine and imprisonment, for a second offense; and punishable by imprisonment, without the alternative of fine of not less than thirty days nor more than ninety days, for a third or subsequent offense. Owner's penalty for violating section 11. (c) The owner of any motor vehicle driving the same or causing or suffering the same to be driven or operated on any public highway of this state, in violation of any of the provisions of section 11 of this act shall be guilty of a misdemeanor, and on conviction thereof shall be punishable in the manner and to the extent provided in section 32 of this act; provided, however, that this subdivision shall not affect the liability to punishment of the person, other than the owner, driving or operating such motor vehicle. Penalty for violating section 21. ■ (d) Any person violating any of the provisions of section 21 of this act shall "^be guilty of a misdemeanor; and on conviction thereof shall be punishable in the manner and to the extent provided in section 32 of this act; provided however, that the fine for the first offense, in case a fine be imposed, shall not be less than fifty ($50) dollars, and the term of imprisonment, if a sentence of imprisonment be imposed, ahall be not less than ten days. Penalty for violating section 11. (e) Any person, other than the owner, driving or operating a motor vehicle on any public highwav of this state, knowingly violating any of the provisions of section 11 o'f this act shall be guilty of a m.s.lem.-anor, and on conviction thereof shall be punishable in the manner and to tho extent provided in section 32 of this art, but this subdivision shnll not affect the liability to punishment of the person or persona owning Buch vehicle. Act 2331a, § 35 general laws. 1512 Penalty for violating section 26. (f) Any person violating any of the provisions of section 26 of this act shall be guilty of a misdemeanor, and on conviction thereof shall be punishable in the manner and to the extent provided in section 32 of this act; provided, however, that the fine for the first offense, in case a fine be imposed, shall be not less than fifty ($50) dollars, and the terra of imprisonment, if a sentence of imprisonment be imposed, shall be not less than ten days. Penalty for violating section 31. (g) Any person violating any of the provisions of section 31 of this act shall be guilty of a misdemeanor, and, on conviction thereof shall be punishable by a fine of not less than fifty dollars ($50), nor more than five hundred dollars ($500), or by imprisonment in the county jail for not less than sixty days nor more than six months, or by both such fine and imprisonment; provided, however, that nothing in this section con- tained, excepting as therein expressly and specially provided, shall be deemed to modify or otherwise affect the liability to punishment of any and all persons violating any of the provisions of this act, as set forth and provided for in section 32 of this act. Additional penalties. (h) In addition to all other punishments herein provided, the court may for a definite period suspend or revoke an operator's or chauffeur's license upon conviction of the licensee for violation of any of the pro- visions of this act. Fees paid into motor vehicle fund. One-half to counties. Net receipts. Semi-annual reports. Records turned over to engineering depart>- ment. § 35. All fees or other moneys paid to or collected by the state treas- urer, under the provisions of this act, shall be placed in a fund which shall be known as the "motor vehicle fund," which fund is hereby created; provided, that one-half of the net receipts under this act shall be returned to the counties from which received, as determined by the places of residence of the persons to whom the licenses are issued, and all such amounts returned shall be paid into the road funds of the several counties receiving the same. In the event that any county has not es- tablished a road fund, its pr(3portion of the receipts shall be retained by the state until provision for such road fund has been made, and it shall then be paid over. For the purposes of this section the city and county of San Francisco shall be considered a county. Net receipts in the meaning of this section shall be the balance of receipts remaining after payment of all expenses in the administration and the enforce- ment of this act. In the months of January and July of each year the engineering department shall make to the controller a report setting forth the gross and net receipts for the preceding «:ix months, and there- after the controller shall draw his warrant upon the motor vehicle fund 1513 MOTOR \^HicLES. Act 2331a, §§ 36, 37 in favor of the county treasurer of each county for the amount to which such county is entitled. Any unexpended balance of money heretofore appropriated for the purpose of carrying out the objects of an act entitled "An act to regulate the operation of motor vehicles on public highways, and making an appropriation for the purpose of carry- ing out the objects of this act," and all acts or parts of acts amendatory thereof, shall be placed under the control of the state department of engineering and the state controller shall transfer said money to said "motor vehicle fund," and all records now filed in the office of the sec- retary of state by reason and by virtue of said last-named act, shall upon the taking effect of this act be turned over hj the secretary of state to the state treasurer, and such portion thereof as may be deemed necessary by the state treasurer shall be retained by. him and the re- mainder delivered to the department of engineering for its use. Fines paid into good roads fund. § 36. Any and all fines or forfeitures collected by or in any court for violation of any of the provisions of this act, whether by a justice of the peace, police court, city recorder's court, city justice of the peace, or otherwise, shall be paid to the treasurer of the county or city and county, in which the court is held; whereupon the treasurer of the county or city and county, at intervals of not greater than once a month shall place such moneys in a fund to be called the "county good roads fund," or "city and county good roads fund," as the case may be, which shall be used by the highway commission of the county or city and county, as the case may be, or by the board of supervisors of the county or city and county, as the case may be, if in such county or city and county, there shall be no highway commission for the construction, im- provement, maintenance and repair of such roads as shall be designated by said highway commission or board of supervisors, as the case may be, with regard to the proper and just distribution of the benefits of this act throughout the county or city and county. Record of cases to be sent to engineering department. § 37. A full record shall be kept by every justice of the peace or police judge or court in this state of every case in which a jx.tsou is charged with a violation of any provisions of this act or of any other act relative to motor vehicles or to the operation of such vehicles, and an abstract of such record shall be sent forthwith by the justice of the peace, or police judge or court to the state department of engincenug Said abstracts shall be made upon forms prepared by the (iei>artnu'nL, which shall be obtained by the justice of the peace, or police |u.lgo or court from the county clerk of his county, and shall include all neceii- sary information as to the parties to the case, the names of the ofTense, the date of the hearing, the plea, the judgment, the result, I lo amount of the fine or forfeiture as the case may be, and every such ahstract shall be certified by the justice of the peace, police judge or clerk of Act 2331a, §§ 38, 39 general laws. 1514 such police court as a true abstract of the record of the court. The said department shall keep such records in its office, and they shall be open to the inspection of any person during reasonable business hours. Jus- tices of the peace and police judges and courts shall furnish to the de- partment the details of all particularly flagrant cases which may be heard before then; and they may make such recommendations to the department as to the suspension or revocation of the licenses and seals of registration of the persons defendant in such cases as they may deem necessary. Appropriation. Repajrment of appropriation. § 38. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of ten thousand dollars (.$10,000) to be used by the department of engineering in the employ- ment of the necessary clerical and other help; the purchase of the neces- sary stationery, books and postage; for the necessary incidental ex- penses; for printing, ruling, binding, and other work performed and materials iised by the state printing office and for the printing by the state printing office of one hundred and fifty thousand copies of this act, which said copies are to be distributed on demand, without charge, by the department. When there are sufficient moneys in the said "motor vehicle fund" to carry out the objects of this act to repay the state treasury the amounts expended by the department under this appropria- tion, the department shall notify the state controller, who, thereupon, shall retransfer to the general fund of the state from said "motor vehicle fund" the equivalent of the amounts so expended by the department and the unexpended balance of this appropriation. Moneys shall be drawn from said sum of ten thousand dollars ($10,000), for the purposes named in this section upon warrants duly drawn by the controller of the state upon demands made by the department and audited by the state board of control. Expenditure. Revolving fund. Assistants' salaries. Maintenance of highways. § 39. Of the moneys in said motor vehicle fund the department of engineering shall be authorized to expend ten thousand dollars, or as much thereof as may be needed, in payment of such expenses as are necessary to carry out the provisions of this act, and a sum not to exceed one thousand five hundred dollars of said ten thousand dollars may, when such action has been authorized by the board of control, be drawn with- out at the time furnishing vouchers and itemized statements; the sum so drawn shall be used as a revolving fund where cash advances are necessary, and at the close of each fiscal year, or at any other time, upon demand of the board of control, must be accounted for and sub- stantiated by vouchers and itemized statements submitted to and au- dited by the board of control and the controller; the engineering department shall have the power to appoint such assistance and help aa 1515 MOTOR VEHICLES. Act 2331a, §§ 40-42 it may, in its judgment, deem necessary, and shall fix their salaries and compensation and prescribe their duties. Also the state treasurer shall be authorized to expend five thousand dollars annually, or so much thereof as may be needed, in the employment of the necessary clerical and other help, the purchase of stationery, books and postage, "and such other expense as he may deem necessary in the collection of the said tax, the said amount to be transferred from the motor vehicle fund into a revolving fund; the remainder in such revolving fund, if any at the end of each fiscal year, to revert to the said motor vehicle fuiid. The remaining moneys in the motor vehicle fund shall be expended, under the sole direction of the department of engineering, for the maintenance of state highways without specific appropriation by the legislature, in addition to all sums already or hereafter appropriated by the legislature for the same j)urpose. Moneys shall be drawn from said motor vehicle fund for the purposes of this act upon warrants drawn by the con- troller of the state, upon demands made by the departments and audited by the state board of control. Title of act. § 40. This act shall be known and cited as the "motor vehicle act." An act entitled "An act to regulate the operation of motor vehicles on public highways, and making an appropriation for the purpose of carry- ing out the objects of this act," approved March 22, 1905, and ail acts or parts of acts amendatory thereof are hereby expressly repealed, and all other acts and parts of acts inconsistent herewith, are hereby re- pealed. Continuation of existing statutes. § 41. The provisions of this act, so far as they are the same as those of existing statutes, shall be construed as a continuation thereof, and not as new enactments; and a reference in a statute which has not been repealed to provisions of law which have been revised and re- enacted herein shall be construed as applying to such provisions as so incorporated in this act. The repeal of a law by this act shall not affect any act done, ratified or confirmed, or any right accrued or estab- lished, or any action, suit or proceeding begun under any of tlie laws repealed before the repeal took effect; but the proceedings in such case shall, when necessary, conform to the provisions of tliis lu't. Constitutionality of act. § 42. If any section, subsection, sentence, clause or phra.sc of this act is for any reason held to be unconstitutional, such decision sh;i!l not affect the validity of the remaining portions of this act. The legisla- ture hereby declares that it would have pas.=ed this act. and each sorfion, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or iihrasca be declared unconstitutional. Acts 2332a, 2333 general laws. 1516 In effect. § 43. Section 38 of this act and such provisions hereof as relate to the preparation and purchase of forms, supplies, and other work incident to the registration of motor vehicles and licensing the operators thereof shall take effect ninety days after the final adjournment of this session of the legislature, and the remainder of this act shall take effect at midnight on the thirty-first day of December, in the year one thousand nine hundred and thirteen. TITIiE 333. MUNICIPAL COEPOEATIONS. ACT 2332a. An act authorizing any municipal corporation, using the word "town" in its corporate name, to change such word to "city" and providing the procedure therefor. [Approved March 1, 1911. Stats. 1911, p. 93.] Changing "town" to "city," procedure. § 1. Any municipal corporation within this state, except freeholder charter city, may eliminate the word "town" in its corporate name and insert in place thereof, the word "city," as in this act provided. The council, board of trustees or other legislative body of such municipal corporation may, by ordinance, upon receiving a petition asking that the word "town" be eliminated or dropped from the corporate name of such municipality and the word "city" be substituted therefor, signed by not less than twenty-five per cent of the qualified electors thereof, as shown by the vote cast at the last municipal general election held therein, eliminate the word "town" from the corporate name of such municipality and substitute in place thereof, the word "city." Upon the adoption of such ordinance, the clerk of such municipality must file a statement with the secretary of state and also with the board of super- visors of the county within which the municipal corporation is situate, stating the filing of such petition and the adoption of such ordinance and from thenceforth and thereon, the name "city" shall take the place of and be deemed substituted for the word "town" in such corporate ACT 2333. An act to provide for the lighting of public streets, lanes, alleys, courts and places in municipalities, and for the assessment of the costs and expenses thereof upon the property benefited thereby. [Approved March 21, 1905. Stats. 1905, p. 564.] Amended 1911, Stats. 1911, pp. 69, 583. Repealed June 6, 1913 (Stats. 1913, p. 428). See post, Act 2389g. 1517 MUNICIPAL CORPORATIONS. Act 2347, §§ 1, 2 ACT 2347. An act to provide for the classification of municipal corporations. [Approved March 2, 1883. Stats. 1883, p. 24.] Amended 1897, pp. 218, 421; 1899, p. 141; 1901, p. 94; 1911, pp. 11, 12, 476. The amendments of 1911 are as follows: Classification of municipal corporations. § 1. All municipal corporations within the state are hereby classified as follows: Those having a population of more than 400,000' shall con- stitute the first class; those having a population of more than 250,000 and not exceeding 400,000, shall constitute the first and one-half class; those having a population of more than 100,000 and not exceeding 250,000, shall constitute the second class; those having a population of more than 35,000 and not exceeding 100,000 shall constitute the second and one-half class; those having a population of more than 23,000 and not exceeding 35,000 shall constitute the third class; those having a population of more than 20,000 and not exceeding 23,000 shall constitute the fourth class; those having a population of more than 6,000 and not exceeding 20,000, shall constitute the fifth class; those having a popula- tion of not exceeding 6,000 shall constitute the sixth class; provided, that nothing herein shall change the classification of" existing cities organized under the municipal corporation act. [Amendment approved March 24, 1911; Stats. 1911, p. 476.] There was another amendment of the same section at the same session as follows: Classification of municipal corporations. § 1. All municipal corporations within the state are hereby classified as follows: Those having a population of more than 400,000 shall consti- tute the first class; those having a population of more tlian 250,000 and not exceeding 400,000, shall constitute the first and one-half class; those having a population of more than 100,000 and not exceeding 250,000 shall constitute the second class; those having a population of more tlinn 23,000 and not exceeding 100,000 shall constitute the third class; those having a population of more than 20,000, and not exceeding 23,000, the fourth class; those having a population of more than 6,000 and not ex- ceeding 20,000 the fifth class; those having a population of not exceed- ing 6,000 shall constitute the sixth class; provided, that nothing herein shall change the classification of existing cities organized under the municipal corporation act [Amendment approved February 9, 1911; Stats. 1911, p. 11.] Municipal corporations. Population, § 2. For the purpose of classifying municipal corporations as in llim act provided, the population of all municipal coi)K)iati.)ns within tlie state is hereby determined to be the population of such municipal (M.rpo- Act 2347a, §§ 1-3 general laws. 1518 rations as shown by the federal census taken in the year A. D. nineteen hundred and ten; provided, however, that whenever a new federal census is taken, the municipal corporatioEs within the state are not, by opera- tion of law, reclassified under such census, but shall remain in the old classification until reclassified by the legislature, unless a direct enumera- tion of the inhabitants thereof be made, as in section 3 of this act pro- vided. [Amendment approved February 9, 1911; Stats. 1911, p. 12.] Citations. Cal. 157/714, 718, 719; 162/617, 619. ACT 2347a. An act authorizing municipalities of the fifth and sixth classes to de- clare weeds growing upon public streets to be a nuisance, providing a means for the abatement of said nuisance, and collecting the cost of removing such weeds from the owners of abutting land. [Approved June 6, 1913. Stats. 1913, p. 398. In effect immediately.] Weeds on streets nuisance. § 1. Municipalities of the fifth and sixth classes of the state are hereby authorized to declare all weeds growing upon any public street including the sidewalks thereon in such municipalities to be a public nuisance, to abate such nuisance in the manner herein provided and to collect the cost of removing such weeds from the street from the owners of abutting land thereon. Resolution by city trustees. § 2. The legislative body of any municipality of the fifth and sixth classes whenever weeds are growing upon any street in such municipal- ity, may, by resolution adopted by such legislative body, declare the same to be a nuisance, which said resolution shall specify the street or streets or any portion of said street upon which such nuisance exists; such resolution shall direct the superintendent of streets or person per- forming the duties of street supervision, to give the notice required by the section succeeding hereto. Publication not necessary. Notice to be posted. Where posted. § 3. The resolution may be passed at the meeting in which it is first introduced, and without publication thereof, and the superintendent of streets shall cause to be immediately posted along the line of street or streets or portion of streets named in such resolution, a notice sub- stantially in the following form: Notice to Destroy Weeds. The board of trustees of the city of , having on the day of , declared by resolution that all weeds growing on street or portion of street, in said city, are a public nuisance, and having commanded the abatement of the same, 1519 MUNICIPAL CORPOKATiONS. Act 2317a, §§ 1, 5 Notice is hereby given to all owners of property fronting upon the street above named, in front of which property such nuisance exists, to abate the same within ten (10) days from the date of this notice by the removal of such weeds. Upon failure to abate the same as herein required such weeds will be removed by the municipal authorities of said city, and the cost of such removal will be made a legal charge against the owner of the land abutting the street on the side of the street, on which side said weeds were removed, in favor of the city of , and said city may collect the cost of removing said weeds from the owner of said land by an action brought in the recorder's court of said city. Dated this day of . Superintendent of streets of city of . The above notice shall be posted along the line of the street or por- tions of street named therein, at intervals of not less than fifty feet, and said notices shall be posted for ten (10) days prior to the time stated therein as the time at which failure to abate such nuisance will give these municipal authorities the right to abate the same. After ten days street superintendent to remove weeds. Notice to owner of cost. § 4. If upon the expiration of ten (10) days after the posting of the notice required to be given by the preceding section, the owner or owners of real property fronting the street named therein, in front of which such nuisance exists, fails or neglects to abate the same, it shall be the duty of the superintendent of streets of such city to abate the same by the removal of such weeds. He shall keep an account of the cost of abating such nuisance in front of each separate lot or parcel of land fronting such street, including the cost of printing the notices, particularly specifying the cost of abatement to be charged against each such separate lot or parcel of land. He shall file such statement or account with the legislative body of the city, and such legislative body shall pay such cost out of the general fund of such municipality. The superintendent of streets thereupon shall send a notice by mail to said owners of lots or parcels of land in front of which said weeds have been removed by the municipal authorities, demanding the payment of the amount of the cost of removing said deeds, and if said owner does not pay the same within ten days after the date of said notice demaii.ling the payment of said costs of removal of said weeds said city may msti; tute an action against said owner of land for the collertion at law ..1 said costs of removal of weeds in the recorder's court of the city whero said weeds were removed. § 5. This act shall take effect immediately. Act 2348, §§ l(>-752a gener.vl laws. 1520 ACT 23i8. An act to provide for the organization, incorporation, and government of municipal corporations. [Stats. 1883, p. 93.] Amended 1885, pp. 127, 134; 1887, p. 12; 1889, pp. 371, 389; 1891, pp. 21, 28, 54, 55, 114, 233; 1893, p. 299; 1895, pp. 24, 159, 266; 1897, pp. 89, 175, 183, 196, 403; 1899, p. 98; 1901, pp. 12, 18, 70, 269, 293, 656; 1903, pp. 40, 93, 135, 336; 1905, pp. 16, 45, 72, 73, 88, 89. 408: 1907, p. 272: 1909, pp. 148, 937; 1911, pp. 58, 316, 359, 843; Ex. Sess. 1911, pp. 128, 131; 1913, pp. 10, 15, 31, 32, 33, 34, 375. The amendments of 1911 and 1913 follow: Recall of municipal oflacers. § 10. [New section approved March 14, 1911; Stats. 1911, p. 359.] Repealed January 2, 1912 (Stats. Ex. Sess. 1911, p. 131). See § 3 of Act 2555, post. Initiative, § 11. [New section approved March 14, 1911; Stats. 1911, p. 361.] Repealed January 2, 1912 (Stats. Ex. Sess. 1911, p. 131). See §3 of Act 1624, ante. Referendum. Other questions may tie submitted. § 12. [New section approved March 14, 1911; Stats. 1911, p. 363.] Repealed January 2, 1912 (Stats. Ex. Sess. 1911, p. 131). See § 3 of Act 1624, ante. Election on adoption of commission form of government. § 752a. The board of trustees may at any time submit to the electors at any municipal or at any special election to be held for that pur- pose, an ordinance to divide the administration of the municipality into five departments and provide for the assignment of its several members to be heads of such respective departments and to be appointed as the commissioners of such respective departments; provided, that if a de- partment of public health be created the commissioner in charge may be given the powers and duties of the municipal board of health, and such health board be thereby abolished. Such ordinance shall define the duties, powers and responsibilities of each commissioner and may require such commissioner to devote a specified number of hours of each business day to the performance of such duties, in which event such commissioner may receive a compensation, the amount of same to be fixed by said ordinance. The board may, by majority vote, subject to the provisions of this section, assign its several members to be and appoint them as the respective commissioners of such several departments, and may by like vote from time to time change such assignment and appointment. It may assign employees to one or more departments, may require an officer or employee to perform duties in two or more departments, and 1521 MUNICIPAL CORPORATIONS. Act 234-8, §§ 752b-771 may make such other rules and regulations as may be necessary or proper to the efficient and economical conduct of the business of the municipal- ity. The substance of the ordinance so proposed shall be printed on the ballots used at such election substantially as follows: Shall the administration of the municipality be divided "into five departments as follows: (insert the five departments of government proposed and briefly designate the powers and duties conferred upon each and the comi)ensa- tion each commissioner or head of department shall receive), "Yes" and "No" so printed in connection therewith that the voters may express their choice. The returns of the election shall be canvassed and de- clared as at other municipal elections and if it appears that a majority of the votes at such election were in favor of the ordinance, such ordinance shall take effect and be in force on the tenth dav thereafter. [New section approved April 10, 1911; Stats. 1911, p. 842'] Election on question of appointment of city officers. § 752b. The board of trustees may submit to the electors at any municipal election or at a special election to be held for that purpose, the question as to whether the elective officers, or any of them, other than trustees, shall be appointed by said board, instead of being elected as provided in the preceding section. The question so submitted shall be printed on the ballots used at such election substantially as follows: "Shall the board of trustees hereafter appoint the (naming the offices) of the city (or town) of ," with the words "Yes" and "No" so printed in connection therewith that the voters may express their choice. The returns of the election shall be canvassed and declared as at other municipal elections, and if it appears that a majority of the votes cast on any such proposition were in favor of the appointment of such officers or any of them, then at the expiration of the terms of office of any such officials then in office, and on the occurrence of a vacancy in any such office, such elective officers or any of them for tho appointment of whom such majority vote was so cast, shall thereafter be appointed by the board of trustees and hold office during the pleasure of such board. [New section approved April 10, 1911; Stats. 1911, p. 843.] Eligibility of trustee. § 757. No person shall be eligible to hold the office of trustee in aurh city, unless he be a resident and elector therein, and shall have resided in such city for one year next preceding the date of his election. [Amendment approved April IC, 1913; Stats. 1913, p. 34.] Incurring of indebtedness to be decided at an election. § 768. [Repealed April 16, 1913; Stats. 1913, p. 33.] Repairs assessed on fronting property. § 771. [Repealed April 16, 1913; Stats. 1913, p. 33.] 96 Act 2348, §§851-852a general laws. 1522 Municipal officers. § 851. The government of such city or town shall be vested in a board of trustees, to consist of five members; a clerk, who shall be ex- officio assessor; a treasurer; a marshal, to be appointed by the board of trustees, who shall be ex-officio tax and license collector; a recorder to be appointed by the board of trustees; and such subordinate officers as are hereinafter provided for. [Amendment approved March 9, 1911; Stats. 1911, p. 316.] Election and term of officers. Appointive officers. § 852. The members of the board of trustees and the clerk and treas- urer, shall be elected by the qualified electors of said city or town at a general municipal election to be held therein on the second Monday in April in each even-numbered year. The clerk and treasurer shall hold office for the period of two years from and after the Monday next suc- ceeding the day of such election, and until their successors are elected and qualified. Members of the board of trustees shall hold office for the period of four years from and after the Monday next succeeding the day of such election, and until their successors are elected and qualified, and in event of resigning shall not vote on the selection and appoint- ment of their successors. The respective terms of the members of the first board of trustees elected under the provisions of this act shall be determined as follows: the two persons elected by the highest number of votes shall hold office for four years; and the three persons elected by the lowest number of votes shall hold office for two years. In the event that two or more persons shall be elected by the same number of votes, the term of each shall be fixed by lot. The board of trustees may, in their discretion, appoint an attorney, a poundmaster, a super- intendent of streets, a civil engineer, a marshal and such police and other subordinate officers as in their judgment may be deemed necessary, and fix their compensation, which said officers shall hold office during the pleasure of said board. [Amendment approved April 16, 1913; Stats. 1913, p. 31.] Also amended March 9, 1911 (Stats. 1911, p. 316). Election on adoption of commission form of government. § 852a. The board of trustees may at any time submit to the electors at any municipal or at any special election to be held for that purpose, an ordinance to divide the administration of the municipality into five departments and provide for the assignment of its several members to be the heads of such respective departments and to be appointed as the commissioners of such respective departments; provided, that if a de- partment of public health be created the commissioner in charge may be given the powers and duties of the municipal board of health, and such health board be thereby abolished. Such ordinance shall define the duties, powers and responsibilities of each commissioner and may require such commissioner to devote a specified number of hours of each busi- 1523 MUNICIPAL CORPORATIONS. Act 2348, §§ 852b, 854 ness day to the performance of such duties, in wliieh event such com- missioner may receive a compensation, the amount of same to be fixed by said ordinance. The board may, by majority vote, subject to the provisions of this section, assign its several members to be and appoint them as the respective commissioners of such several departments and may by like vote from time to time change such assignment and appoint- ment. It may assign employees to one or more departments, may require an officer or employee to perform duties in two or more departments, and may make such other rules and regulations as may be necessary or proper to the efficient and economical conduct of the business of the municipality. The substance of the ordinance so proposed shall be printed on the ballots used at such election substantially as follows: Shall the administration of the municipality be divided into five depart- ments as follows: (insert the five departments of government proposed and briefly designate the powers and duties conferred upon each and the compensation each commissioner or head of department shall receive), "Yes" and "No" so printed in connection therewith that the voters may express their choice. The returns of the election shall be canvassed and declared as at other municipal elections and if it appears that a majority of the votes cast at such election were in favor of the ordinance, such ordinance shall take effect and be in force on the tenth day there- after. [New section approved April 10, 1911; Stats. 1911, p. 844.] Election on question of appointment of city officers. § 852b. The board of trustees may submit to the electors at any municipal election, or at a special election to be held for that purpose, the question as to whether the elective officers, or any of them, other than trustees, shall be appointed by said board, instead of being elected as provided in the preceding section. The question so submitted shall be printed on the ballots used at such election substantially as follows: "Shall the board of trustees hereafter appoint the (naming Hie offices) of the city (or town) of /' with the words "Yes" and "No," so printed in connection therewith that the voters may express their choice. The returns of the election shall be canvassed and declared as vacancy m any ouvu ^^^x^^^, ^^~^- ■ - .'in »u .f»«i. the appointment of whom such majority vote was so cast shall hereafter be appointed by the board of trustees ^nJ hold office during the pc • ure of such board. [New section approved April 10, 1911; btats. 1911, p. 844.] Vacancy in office; how filled. Absence § 854. Any vacancy o this act shalf be filled by s R=^/ Anv vac-mcv occurring in any of the ofTicoB provided for in § 854. Anj ^--,";/^°'^^;'p^,^t,„,.,t by the board of trustees; but m Act 2348, §§ 857-870a general laws. 1524 the event of said board of trustees failing to fill such vacancy by appointment within thirty days after vacancy occurs, they must, if said office be an elective one, immediately after the expiration of said thirty days cause an election to be held to fill said vacancy, provided, how- ever, that any person appointed or elected to fill such vacancy shall hold office only until the next regular election, at which time a person shall be elected to serve for the remainder of such unexpired terra. In case a member of the board of trustees is absent from the city for the period of ninety days, unless by permission of the board of trustees, his office shall by the board be declared vacant, and the same filled as in case of other vacancies. [Amendment approved February 15, 1911; Stats. 1911, p. 58.] Eligibility of trustee. § 857. No person shall be eligible to hold the office of trustee in such city, unless he be a resident and elector therein, and shall have resided in such city for one year next preceding the date of his election. [Amendment approved April 16, 1913; Stats. 1913, p. 34.] Meetings, organization, etc., of trustees. § 858. The board of trustees shall meet on the Monday next succeed- ing the date of said general municipal election, shall take the oath of office, shall choose one of their number president, and shall hold regular meetings at least once in each month at such time as they shall fix by ordinance, and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment, and when so ad- journed, such adjourned meeting shall be a regular meeting for all pur- poses. Special meetings may be called at any time by the president of the board or by three trustees by written notice delivered to each member at least three hours before the time specified for the proposed meeting; all meetings of the board of trustees shall be held within the corporate limits of the city at such place as may be designated by or- dinance and shall be public. [Amendment approved June 3, 1913; Stats. 1913, p. 376.] Incurring excess decided by vote. § 866. [Eepealed April 16, 1913; Stats. 1913, p. 33.] Cost of street work assessed on fronting property. § 869. [Eepealed April 16, 1913; Stats. 1913, p. 33.] Bridge connecting city with road district. § SlOsu 1. Whenever the city trustees shall deem it necessary for the city or town to construct a bridge connecting the municipal corporation with an adjoining road district and it sliall become necessary in con- structing such bridge to take or damage private property within or without or within and without the corporate limits of said city or town, the trustees of said city or town may, by resolution, declare the neces- 1525 MUNICIPAL CORPORATIONS. Act 2348, § 874 sity thereof and direct and maintain proceedings for that purpose under title 7 of part 3 of the Code of Civil Procedure. Urgency measure. Declaration of facts. 2. This act is hereby declared to be an urgency measure within the meaning of section 1 of article 4 of the constitution of the state of California, and shall take effect immediately. The following is a statement of the facts constituting such urgency: Many municipal cor- porations governed by the act of which this act is amendatory, have their exterior boundaries on banks of rivers and streams which during the winter months become so swollen by rains and floods as to render it dangerous to public safety to cross such streams, and as the provi- sions of title 7, part 3 of the Code of Civil Procedure, or the act of which this act is amendatory, do not enumerate among the public uses for which the right of eminent domain may be exercised, the taking of private property necessary for the construction, by cities of the sixth class, of bridges across streams forming the exterior boundaries of such cities and the construction of such bridges being necessary for the public safety for travel to and from such cities, this act is hereby de- clared to be an urgency act within the meaning of the section and article of the constitution of the state of California above in this section men- tioned. [New section approved February 4, 1913; Stats. 1913, p. 10. In effect immediately.] Work exceeding value of three hundred dollars done by contract. By day labor. Emergency expenditures. City printing. § 874. In the erection, improvement, and repair of all public build- ings and works, in all street and sewer work, and in all work in or about streams, bays, or waterfronts, or in or about embankinents, or other works for protection against overflow, and in furnishing any supplies or materials for the same, when the expenditures required for the same exceed the sum of three hundred dollars, the same shall be done by contract, and shall be let to the lowest responsible bidder, after notice by publication in a newspaper of general circulation, printed and published in such city or town, for at least two weeks, or if there be no newspaper printed or published therein, by printing and posting the same in at least four public places therein for the same pono.l; such notice shall distinctly and specifically state the work contemplated t^o be done: provided, that the board of trustees may reject any and nil bids presented and readvertise, in their discretion; provided, further, after rejecting bids, the board of trustees may declare and dolerniinc by a four-fifths vote of all its members that in its opinion the work in question may be performed more economically by day labor or the materials or supplies furnished at a lower price in the open market and after the adoption of a rosdution to this effect they may prn,.,-. d to have the same done in the manner stated w.lh.n.t fnrth.T " '«"V. • of the foregoing provisions of this section; and provided further, that Act 2348, §§ 875, 876 general laws. 1526 in case of a great public calamity such as an extraordinary fire, flood, storm, epidemic or other disaster, the board of trustees may, by resolu- tion passed by vote of four-fifths of all its members declare and de- termine that public interest and necessity demands the immediate expenditure of public money to safeguard life, health or property, and thereupon they may proceed to expend or enter into a contract involving the expenditure of any sum required in such emergency. The board of trustees shall annually, at a stated time, contract for doing all city printing and advertising, which contract shall be let to the lowest responsible bidder, after notice as provided in this sec- tion. [Amendment approved April 16, 1913; Stats. 1913, p. 32.] Powers of president and president pro tern. § 875. In the absence of the president of the board of trustees from any meeting of said board, or in the event of his inability to act, a president pro tem. may be chosen by the board. The president or the president pro tem. shall preside at the meetings of the board of trustees, shall sign all warrants drawn on the treasurer,~and shall sign all written contracts entered into by said city or town. The president pro tem. may sign or approve any ordinance with the same force and effect as if signed by the president. The president or president pro tem. shall have power to administer oaths and affirmations, to take affidavits and to testify the same under their "hands. The president or president pro tem. shall sign all conveyances made by said city or town, and all in- struments which shall require the seal of the city or town. The presi- dent or president pro tem. is authorized to acknowledge the execution of all instruments executed 'by said city or town that require to be acknowledged. The authority and power of the president pro tem. shall continue during the day on which he is chosen and shall cease at the expiration of such day. [Amendment approved April 4, 1913; Stats. 1913, p. 15.] Treasurer's duty. § 876. It shall be the duty of the treasurer to receive and safely keep all moneys which shall come into his hands as city treasurer, for all of which he shall give duplicate receipts, one of which shall be filed with the city clerk. He shall pay out said money on warrants signed by the proper ofiicers, and not otherwise, except interest coupons on bonds. He shall make quarterly settlements with the city clerk. He shall collect all taxes levied by the board of trustees, if so required by ordinance. [Amendment approved April 16, 1913; Stats. 1913, p. 33.] Citations. Cal. 156/295, 296, 297, 574, 762, 763; 157/149, 319, 714. 716, 718, 724, 725, 726, 727; 158/36, 743. 745; 159/443, 445; 160/130; 161/282; 162/590, 703; (§852) 161/203; (§860) 159/444, 445, 447; (§862) 159/702, 707; 160/36; (§ 882) 162/336. App. 8/436, 437, 438, 439, 443, 498; 10/465; 11/203, 204; 13/278; 14/575; 16/171; (§2) 16/175; (§10) 17/729, 732, 733; (§11) 17/730; (§136) 16/630; (§862) 16/779; (§864) 16/780. 1527 MUNICIPAL CORPORATIONS. Acts 2350, 2353a ACT 2350. An act entitled "An act to enable municipal corporations of the sixth clasa to elect officers." [Approved March 14, 1885. Stats. 1885, p. 136.] Amended 1911, Statutes of 1911, page 414, as follows: Appointment of election commissioners in municipalities of sixth class. § 1. Whenever a corporation of the sixth class shall have failed, from any cause, to elect olfieers in accordance with its charter, and there are no officers to carry on the city government, or call an election for officers, in any such case citizens of such corporation may present a petition to the governor for the appointment of three commissioners of election. Such petition shall set forth: First, the name of the corpora- tion, and when and how organized; second, when the last election foi officers took place, and whether any of such officers are performing their duties, and if not, how long since they ceased to perform their duties; third, the provision of the charter as to the qualifications of voters; fourth, that the persons signing the petition possess the qualifications provided by the charter for voters, and that each of said signers is a householder and freeholder in said corporation. The petition shall be signed by not less than a majority of all persons in said corporation jios- sessing all the qualifications mentioned in the body of the petition, and shall be verified by at least two of the signers, that, of their own knowledge, the petition is true, and that all the signers possess all the qualifications set forth in the petition. Upon the presentation of the petition to the governor, he may either act upon the petition or require additional evidence of the matters set forth in the petition. Upon being satisfied of the truth of the matters set forth in the petition, the gov- ernor is authorized and empowered to appoint three persons as commis- sioners of election for such corporation. Such commission shall be known and styled board of election commissioners for (here give name of cor- poration). [Amendment approved March 20, 1911; Stats. 1911, p. 414. J See post, Act 2353a. ACT 2353a. An act providing that in the event of no election having been held for the election of officers of municipalities of the sixth class at the time fixed for first election after incorporation thereof, that the officers elected at the time of the incorporation shall continue in office until after the municipal election to be held in 1912. [Approved April 10, 1311. Stats. 1011, p. S-'U).] Failure to hold election. Officers. § 1. When a municipality of the sixth class has been incnrpnral.-.l under the laws of the state of California less than sixty days prior to the date of the municipal election on the second Monday lu .April, and Acts 2355b, 2355c general latv^s. 1528 for any reason no election was held on said date and the officers of such municipality elected at the time of its incorporation have continued to hold office and have discharged the duties of such offices ever since the date of their said election, their right to hold such offices is hereby confirmed, and they are hereby declared to be the officers of such munici- pality and their terms shall continue until the next municipal election hereafter to be held on the second Monday in April, 1912, § 2. This act shall take effect immediately. See ante, Act 2350. ACT 2355b. An act to validate the organization and incorporation of municipal cor- porations. [Approved May 1, 1911. Stats. 1911, p. 1423.] Organization of municipal corporations validated. § 1. All municipal corporations, the organization and incorporation of which have been authenticated by an order of a board of supervisors in this state, declaring the same incorporated as municipal corporations of the classes to which such corporations may respectively belong, and a certified copy of which order has been filed by such board of super- visors in the office of the secretary of state, and which corporations thereafter have acted in the form and manner of municipal corporations under the provisions of "An act to provide for the organization, incorpora- tion and government of municipal corporations," approved March 13, 1883, and the amendments thereto, are hereby declared to be and to have been municipal corporations from the date of filing the certified copy of said order of the board of supervisors with the secretary of state; and all acts of the said municipal corporations, heretofore performed according to the act aforesaid, are hereby validated, and declared to be legal; provided, however, that all municipal corporations shall be excepted from the operation of this act where the right to act as such is being contested or inquired into in any legal proceeding brought within six months after the certified copy of the order of the board of supervisors was filed in the office of the secretary of state. See next act. ACT 2355c. An act to validate the organization and incorporation of municipal corporations. [Approved June 4, 1913. Stats. 1913, p. 382.] Municipal corporations validated. Except in cases of contest within six months after organization. § 1. All municipal corporations, the organization and incorporation of which have been authenticated by an order of a board of supervisors 1529 MUNICIPAL CORPORATIONS. Acts 2358b, 2363 in this state, declaring the same incorporated as municipal corporations of the classes to which such corporations may respectively belong, and a certified copy of which order has been filed by such board of supervisors in the oiEce of the secretary of state, and which corporations thereafter have acted in the form and manner of municipal corporations under the provisions of "An act to provide for the organization, incorporation ami government of municipal corporations," approved March 13, 1SS3, and the amendments thereto are hereby declared to be and to have been municipal corporations from the date of filing the certified copy of said order of th« board of supervisors with the secretary of state; and all acts of the said municipal corporations heretofore performed according to the act aforesaid, are hereby validated, and declared to be legal; provided, however, that all municipal corporations shall be excepted from the operation of this act where the right to act as such is being contested or inquired into in any legal proceeding brought within six months after the certified copy of the order of the board of supervisors was filed in the office of the secretary of state. See ante, Act 2355b. ACT 2358b. An act to validate proceedings for the annexation of territory to, in- corporation in, and inclusion thereof within municipal corporations. [Approved May 1, 1911. Stats. 1911, p. 1424.] Annexation of territory to municipality validated. § 1. Any territory which purports to have been heretofore annexed to, incorporated in, and included within a municipal corjioratioii under "An act to provide for the alteration of the boundaries of and for the annexation of territory to incorporated towns and cities, and for the incorporation of such annexed territory in and as a part of such munici- palities, and for the districtinsr, government and municipal control of annexed territory," approved March 19, 1889, and the acts amendatory thereof, the certified record whereof, showing the facts required in said act, shall have heretofore been filed by the secretary of state as required in said act, is hereby declared to be and to have been since the filing of said record, duly annexed to, incorporated in and included within such municipal corporation; and all proceedings for t'-' -nn.v .t ,,,„ or such territory are hereby validated and declared legal § 2. This act shall take effect from and after its pa^.-:iL;e. Act 2363. An act to provide for the sale of an excess of water when <.wnod by ft municipality. [Approved March 1'7, J.S'.i, . s*-'- ^'.v | Repealed 1911, p. 854. See post, Act 23G3a. Acts 2363a, 2371 general laws. 1530 ACT 2363a. An act to provide for the sale of an excess of water when owned by a municipality, and repealing an act entitled "An act to provide for the sale of an excess of water when owned by a municipality," ap- proved March 27, 1897. [Approved April 10, 1911. Stats. 1911, p. 854.] Cities supplying own water may sell excess. § 1. Whenever the water supply owned by any city, incorporated town, county, or city and county, is in excess of the amount required to supply the water required by the inhabitants thereof, it may be declared by ordinance that such excess exists, and such excess of water may be sold outside of the limits of the corporation; but in no case shall a contract be made for a supply of any excess of water sold by a city, incorporated town, county, or city and county, outside the corporate limits, for a period longer than one year; and in no case shall such a contract be made, unless the Iggislative authority of a city, incorporated town, county, or city and county, declare by ordinance that there exists an excess of water not required to supply the inhabitants of the city, incorporated town, county, or city and county, within the term of the contract, but water not required to supply the inhabitants of the city, incorporated town, county, or city and county, may be sold by the authorities thereof outside the corporate limits, from month to month, during the existence of such excess, and shall be sold only at the rates fixed for consumers inside the corporate limits; provided, however, that the terms of this act shall not apply to any city, or city and county, having a charter framed and adopted under the authority of section 8 of article 11 of the constitution of this state, and which charter con- tains provisions inconsistent herewith. § 2. An act entitled "An act to provide for the sale of an excess of water when owned by a municipality," approved March 27, 1897, is hereby repealed. ACT 2371. An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations for municipal improvements, and regulating the acquisition, construction, or completion thereof. [Became a law under constitutional provision without the governor's approval, February 25, 1901. Stats. 1901, p. 27.] Amended 1907, pp. 570, 609, 634; 1909, p. 720; 1913, pp. 13, 29, The amendments of 1913 follow: Submission of bond questions for city improvements. Objects and pur- poses. Rate of interest. § 2. Whenever the legislative branch of any city, town or municijial corporation shall, by resolution passed by vote of two-thirds of all its 1531 MUNICIPAL CORPORATIONS. Act 2371, § 3 members determine that the public interest or necessity demands the acquisition, construction or completion of any municipal improvement, including bridges, waterworks, water rights, sewers, light or power works or plants, buildings for municipal uses, wharves, schoolhouses, fire ap- paratus, and street work, or other works, property or structures neces- sary or convenient to carry out the objects, purposes and nowers of the municipality, the cost of which will be too great to be paid out of the ordinary annual income and revenue of the municipality, it may at any subsequent meeting of such board, by a vote of two-thirds of all its members, call a special election and submit to the qualified voters of said city, town or municipal corporation the proposition of incurring a bonded debt for the purpose set forth in said resolution, and no question other than the incurring of the indebtedness for said purpose shall be sub- mitted; provided, that propositions of incurring indebtedness for more than one object or purpose may be submitted at the same election. The ordinance calling such special election shall recite the objects and pur- poses for which the indebtedness is proposed to be incurred, the esti- mated cost of the proposed public improvements, the amount of the principal of the indebtedness to be incurred therefor, and the rate of in- terest to be paid on said indebtedness, and shall fix the date on which such special election will be held, the manner of holding such election and the voting for or against incurring such indebtedness, and in all particulars not recited in such ordinance, such election shall be held as provided by law for holding municipal elections in such niunicii)ality; provided, however, that if the rate of interest to be paid on such in. debtedness shall not exceed four and one-half per centum per annum^ payable semi-annually, the rate of interest need not be recited in such ordinance, but in its' discretion, the said legislative branch may recite in such ordinance a maximum rate of interest to be paid on such in- debtedness, not exceeding six per centum per annum payable semi- annually, which rate when so recited, shall not be exceeded in the issu- ance of bon<^ for such indebtedness. [Amendment approved April 4, 1913; Stats. 191.3, p. 13.] Publication of ordinance. Vote necessary. Resubmi-ssion of question. § 3. Such ordinance shall be published once a day for at least seven days in some newspaper published at least six days a week in such municipality, or once a week for two weeks in some nevv8pa|ier pul)- lished less than six days a week in such municipality, and one insertion each week for two succeeding weeks shall be a suiricient publication in such newspaper published less than six days per week. In municipali- ties where no such newspaper is published, such ordinance shall be pouted in three public jdaces therein for two succeeding weeks. No other notice of such election need be given. It shall require tiie votes of two-thirds of all the voters voting at such special election to authorize the iHHuanco of the bonds herein provided; provided, however, should the proposition so submitted at such election fail to receive the rc.piisite iniml.er of votes Act 2371, § 5 GENERAL LAWS. 1532 of the qualified voters, voting at such election to incur the indebtedness for the purpose specified, the legislative body of such municipality shall have no power or authority within six months after such election to call or order another election for incurring any indebtedness for improve- ments, substantially the same as voted upon at such prior election, unless a petition signed by fifteen per centum of the qualified electors of such municipality computed upon the total number of votes cast therein for all candidates for governor at the last preceding election at which a gov- ernor was elected be filed with the legislative body of such municipality, requesting that such proposition, or a proposition substantially the same, be submitted at an election to be called for the submission of such proposition and to be held in accordance with the provisions of this act. [Amendment approved April 15, 1913; Stats. 1913, p. 29.] Payment of bonds. Denomination "of bonds. Coupons. § 5. All municipal bonds issued under the provisions of this act shall be payable substantially in the following manner: A part to be de- termined by the legislative body of the municipality, which shall be not less than one-fortieth part of the whole amount of such indebtedness, shall be paid each and ever}' year on a day and date, and at a place or places to be fixed by the legislative body of the municipality issuing the bonds and designated in such bonds, together with the interest on all sums unpaid at such date; provided, however, that, in case of bonds issued for the acquisition, construction or completion of waterworks or light or power w'orks or plants, or any other authorized revenue producing public works, plant, utility or property, the legislative body of the municipality may, in its discretion, determine and fix a date for the earliest maturity of the principal of such bonds not more -than ten years from the date of the issue of such bonds, but, in this event, the whole amount of such indebtedness must be made payable in equal annual parts in not to exceed forty years from the time of contracting the same. The bonds shall be issued in such denominations as the legislative body of the municipality may determine, except that no bonds shall be of a less denomination than one hundred dollars, nor of a greater denomina- tion than one thousand dollars, and shall be payable on the day and at the place or places fixed in such bonds, and with interest at the rate specified in the bonds, which rate shall not be in excess of six per cent per annum, and shall be payable semi-annually, and said bonds shall be signed by the executive of the municipality, or by such other olficer thereof as the council, board of trustees, or other legislative body of the municipality shall, by resolution adopted by a two-thirds vote of all its members, authorize and designate for that purpose; and also signed by the treasurer thereof, and shall be countersigned by the clerk. The coupons of said bonds shall be numbered consecutively and signed by the treasurer. In case any of such ofiicers w-hose signatures or counter- signatures appear on the bonds or coupons shall cease to be such officer before the delivery of such bonds to the purchaser, such signatures or 1533 MUNICIPAL CORPORATIONS. Act 2374, § 1 counter-signatures shall nevertheless be valid and sufficient for all pur- poses the same as if they had remained in office until the delivery of the bonds. [Amendment approved April 15, 1913; Stats. 1913, p. 30.] Citations. Cal. 156/296; 157/147, 148; 159/436; 160/42, 647; (§2) 160/43; (§3) 160/648; (§5) 160/42; (§9) 159/435; (§18) 160/41. App. 10/464, 465; (§3) 17/293. ACT 2374. An act to provide for the alteration of the boundaries of and for the annexation of territory to incorporated towns and cities, and for the incorporation of such annexed territory in and as a part of such municipalities, and for the districting, government, and municipal control of annexed territory. [Approved March 19, 1889. Stats. 1889, p. 358.] Amended 1905, p. 551; 1911, pp. 857, 1459. The amendments of 1911 are as follows: Procedure for annexing new territory to cities. Special election. An- nexed territory not liable for prior indebtedness. § 1. The boundaries of any incorporated town or city, whether here- tofore or hereafter formed, incorporated, reincorporated, organized, or reorganized, may be altered and new territory annexed thereto, incor- porated and included therein, and made a part thereof, upon proceedings being had and taken as in this act provided. The council, board of trustees, or other legislative body of any such municipal corporation, upon receiving a written petition therefor containing a description of the new territory asked to be annexed to such corporation, and signed by not less than one-fifth in number of the qualified electors of such municipal corporation, computed upon the number of votes cast at the last general municipal election held therein, must, without delay, submit to the electors of such municipal corporation and to the electors residing in the territory proposed by such petition to be annexed to such cor- poration, the question whether such new territory shall be annexed to, incorporated in, and made a part of said municipal corporation. Such question shall be submitted at a special election, to be held for that purpose, and no other; and such legislative body is hereby empowered to, and it shall be its duty to cause notice to be given of such election by the publication of a notice thereof in a newspaper printed and published in such municipal corporation, and also in a newspaper, if any such there be, printed and published outside of such corporation, but in the county in which the territory so proposed to be annexed is situ- ated, in each case at least once a week for a period of four successive weeks next preceding the date of such election. Such notice shall dis- tinctly state the proposition to be submitted, i. e., that it is proposed to annex to, incorporate in, and make a part of such municipal cor- Act 2374, § 1 GENERAL LAWS. 1534 poration the territory sought to be annexed, specifically describing the boundaries thereof; and in said notice the qualified electors of said municipal corporation, and the qualified electors residing in said ter- ritory so proposed to be annexed, shall be invited to vote upon such proposition by placing upon their ballots the words "For Annexation" or "Against Annexation," or words equivalent thereto. Such legislative body is hereby empowered, and it shall be its duty, to establish, and in such notice of election designate the voting precinct or precincts, and the place or places at which the polls will be opened in such territory so proposed to be annexed, and also in such municipal corporation. And such place or places shall be that or those commonly used as voting places within such municipal corporation, and also that or those com- monly used within such new territory, if any such there be. Such legis- lative body is empowered to, and it shall, appoint the officers of such election, who shall be, for each voting place in such municipal cor- poration, and for each voting place in said new territory, two judges and one inspector, each of whom shall be a qualified elector of the voting precinct in which he is appointed to act as an officer of such election. The ballots used at such election, the opening and closing of the polls, and the holding and conducting of such election, shall be in conformity, as far as may be, with the general laws of this state concerning elections; and the judges and inspectors of such election shall, immediately on the closing of the polls, count the ballots, make up and certify the tally sheets of the ballots cast at their respective polling places, seal, and then immediatel}' return the same as below provided, doing so, as nearly as practicable, in the manner provided in the election laws of this state; but the ballots, tally sheets, and returns shall be so returned to and deposited with the clerk of such legislative body. Such legislative body shall, at the time provided for its regular meeting next after the ex- piration of three days from and after the date of said election, meet and proceed to canvass said returns; and such canvass shall be com- pleted at such meeting, if practicable, and in any event, as soon as practicable, avoiding adjournment or adjournments, if possible, until said canvass is completed. Said canvass by such legislative body shall be conducted and completed as follows: The returns of the votes east in said outside territory, so proposed to be annexed shall be canvassed sep- arately; and the returns of the votes cast inside of said municipal cor- poration shall be canvassed separately. Immediately upon the comple- tion of such canvass, said legislative body shall cause a record thereof to be made and entered upon its minutes, showing the whole number of votes cast in such outside territory, the whole number of votes cast in such municipal corporation, the number thereof cast in each in favor of annexation, and the number thereof cast in each against annexation; a,nd if it shall appear from such canvass that a majority of all the votes cast in such outside territory, and a majority of all the votes cast inside of said municipal coriJoration, are in favor of annexation, the 1535 MUNICIPAL CORPORATIONS. Act 2374, § la clerk, or other officer performing the duties of clerk, of such legislative body, shall promptly make and certify, under the seal of said municipal corporation, and transmit to the secretary of state, a copy of said record, so entered upon said minutes, together with a statement showing the date of said election and the time and result of said canvass, which docu- ment shall be filed by the secretary of state immediately upon the re- ceipt thereof. From and after the date of the filing of said document in the office of the secretary of state, the annexation of such territory so proposed to be annexed shall be deemed and shall be complete and thenceforth such annexed territory shall be, to all intents and purposes, a part of such municipal corporation, except only that no property within such annexed territory shall ever be taxed to pay any portion of any indebtedness or liability of such municipal corporation contracted prior to or existing at the time of such annexation, excepting as provided in section la of this act. No territory which, at the time such petition for such proposed annexation is presented to such legislative body, forms any part of anj' incorporated town or city, shall be annexed under the provisions of this act. [Amendment approved April 10, 1911; Stats. 1911, p. 857.] Question of making annexed territory liable for share of indebtedness may be submitted. § la. Whenever any municipal corporation to which it is proposed to annex territory under the provisions of this act shall have incurred, or authorized the incurring of, any bonded indebtedness for the acquisition, construction or completion of any municipal improvement or improve- ments, the petition presented to the legislative body of such municipal corporation, as hereinabove provided, may contain a request that the question to be submitted to the electors of such municipal corporation and to the electors residing in the territory proposed by such petition to be annexed to such corporation, shall be, whether such new territory shall be annexed to, incorporated in, and made a part of, said municipal corporation, and the property therein be, after such annexation, subject to taxation, equally with the property within such municipal corpora- tion, to pay any such bonded indebtedness of such corporation, outstand- ing at the date of such annexation, or theretofore authorized. If such request shall be made in said petition proceedings shall be had thereon the same in all respects as upon a petition presented under the provi- sions of the preceding section, excepting that the notice of election shall distinctly state the proposition to be submitted, i. e., that it is proposed to annex to, incorporate in, and make a part of, such municipal cor- poration, the territory sought to be annexed, specifically describing the boundaries thereof, and that the property therein, shall, after such annexation, be subject to taxation equally with the property within such municipal corporation, to pay such bonded indebtedness of such munici- pal corporation, outstanding at the date of the said annexation, or theretofore authorized, and to be represented by bonds thereafter to Act 2374, § 414 GENERAL LAWS. 1536 be issued. The said notice shall, in addition, distinctly specify the improvement or improvements for which such indebtedness was so in- curred or authorized, and state the amount or amounts of such indebted- ness already incurred, outstanding at the date of the first publication of such notice, and the amount or amounts of such indebtedness thereto- fore authorized, and to be represented by bonds thereafter to be issued, and the maximum rate of interest payable or to be payable on such indebtedness; and upon the canvass of the returns of the votes cast at any election held under the provisions of this section, if it shall appear that two-thirds of all the votes cast in such outside territory, and a majority of all the votes cast inside of said municipal cori)oration, are in favor of annexation, and not otherwise, a copy of the record of such canvass shall be transmitted to the secretary of state in the same man- ner as provided in the preceding section. From and after the date of the filing of said document in the office of. the secretary of state, the annexation of such territory so proposed to be annexed, shall be deemed, and shall be, complete, and thenceforth such annexed territory shall be, to all intents and purposes a part of such municipal corporation, and the property within such annexed territory shall be taxed to pay the bonded indebtedness or liability of such corporation, specified in said notice, equally with the property within such municipal corporation as it existed prior to such annexation. [New section approved Aj-ril 10, 1911; Stats. 1911, p. 859.] Taxes of annexed territory become property of city. City clerk to file claim. Claim audited by supervisors. Claims against annexed ter- ritory. City clerk to act as redemption officer. § 41/2- All taxes levied by the board of supervisors of any county, or by the legislative body of any sanitary or other political district other than school districts, for the purpose or purposes of such sanitary or other political district, against property situated in territory which sub- sequent to such levy is annexed by any town or city under the provisions of this act, but which, at the time of such annexation, has not been col- lected, shall be and become the property of the town or city to which that territory is annexed, and the same shall, with other county taxes, be collected by the county tax collector, and by him paid into the county treasury of said county, after which the same shall, by the county treas- urer, be paid to such town or city, upon proper warrant therefor, and all such taxes which are at the time of such annexation in the county treasury, shall be and become the property of the tov,-n or city to which such territory is annexed, and shall be by said county treasurer paid to such town or city, upon the proper warrant therefor, as hereinafter pro- vided. The town or city clerk or other officer performing the duties of clerk of such town or city shall, at any regular meeting of the board of supervisors of said county, present and file a verified claim for any money thus due said town or city, setting forth the fact and the date 1537 MUNICIPAL CORPORATIONS. Act 2374a, § 1 of such annexation, and the amount in the hands of said county treas- urer so due such town or city. Said claim shall be audited by the board of supervisors in the manner in which other claims against the county are audited, and if the amount thereof is correct, the same shall be al- lowed and the county auditor instructed to draw his warrant for said amount against the several funds of the several districts herein referred to, in which such annexed territory is situated, said funds upon such transfer shall not be used for any purpose other than that for which it was originally intended. The city or town to which such territory is annexed, shall have the power, and it is hereby authorized to adjust, set- tle and pay any and all lawful claim or claims outstanding against any part of the territory so annexed contracted for before said territory became annexed, of any such sanitary or other political district or dis- tricts within the territory so annexed. Provided, however, if any such taxes shall have been illegally collected within the meaning of section 3804 of the Political Code of the state of California, such illegally col- lected taxes shall remain in the county treasury until after the time for the repayment of such taxes as provided by section 3804 of the Political Code of the state of California shall have expired, after which time such taxes, if any remaining, shall be and become the property of the town or city to which said territory is annexed, as in this act provided. The city or town clerk of the city or town to which such territory is annexed shall be and he is hereby authorized to act as the redemption officer for the purpose of effecting redemption of property sold for delin- quent sanitary taxes prior to such annexation in any such sanitary dis- tricts within the territory so annexed, in accordance with the provisions of section 12, Act 3349, approved March 20, 1909. [New section ap- proved May 1, 1911; Stats. 1911, p. 1459.] Citations. Cal. 155/605, 610, 611; 158/459. See Act 2374a. ACT 2374a. An act to provide for the alteration of the boundaries of and for the annexation of territory to municipal corporations, for the incorpo- ration of such annexed territory in and as a part thereof, and for the districting, government and municipal control of such annexed territory. [Approved June 11, 1913. Stats. 1913, p. 587.] Alteration of city boundaries. § 1. The boundaries of any municipal corporation may be altered and new territory annexed thereto, incorporated and included therein, and made a part" thereof, upon proceedings being had and taken aa in this act provided. 97 'Act 2374a, § 2 general laws. 1538 Election. Petition. Notice. Date and proposition. Precincts. Elec- tion officers. Ballots. Returns. § 2. The legislative body of any municipal corporation, upon receiv- ing a vFritten petition therefor, signed as hereinafter provided, contain- ing a description of the new territory proposed to be annexed to such municipal corporation, and asking that such territory be annexed thereto, must, without delay, call a special election, and submit to the electors residing in the territory proposed by such petition to be an- nexed to such municipal corporation the question whether such territory shall be annexed to, incorporated in and made a part of such municipal corporation. Such petition shall be signed by not less than one-fourth in number of the qualified electors residing within the territory described therein, as shown by the registration of voters of the county in which such territory is situated. Such legislative body is hereby empowered to, and it shall be its duty to cause notice to be given of such election by the publication of a notice thereof in a newspaper of general circu- lation, if any such there be, printed and published outside of such municipal corporation, but in the county in which the territory so pro- posed to be annexed is situated, at least once a week for a period of four successive weeks next preceding the date of such election. If there be no such newspaper, then such legislative body shall cause notice of such election to be given by the posting thereof in three public places within the territory so proposed to be annexed at least four weeks next preceding the date of such election. Such notice shall distinctly state the date of such election, and the proposition to be submitted, to wit, that it is proposed to annex to, incorporate in, and make a part of such municipal corporation the territory sought to be annexed, specifically describing the boundaries thereof. In addition to said description, such territory shall also be designated in such notice by some appropriate name or other words of identification, by which such territory may be referred to and indicated upon the ballots to be used at any election at which the question of such annexation is submitted as in this act pro- vided. The electors in such territory shall be directed by such notice to vote upon such question in the manner hereinafter set forth in this section. Such legislative body is hereby empowered, and it shall be its duty to establish, and in such notice of election to designate, the vot- ing precinct or precincts and the place or places at which the polls will be open for such election in such territory so proposed to be annexed, which said place or places shall be that or those commonly used as vot- ing places within such territory, if any such there be. The legislative body of such municipal corporation is empowered to, and it shall, ap- point the officers of such election, who shall be, for each voting place in such territory, two judges and one inspector, each of whom shall be a qualified elector of the voting precinct in which he is appointed to act as an officer of such election. Upon the ballots to be used at such election, there shall be printed the words "shall (giving the name or 1539 MUNICIPAL CORPORATIONS. Act 2374a, § 3 other designation of the territon^ proposed to be annexed, as stated in the notice of election) be annexed to the city of (stating name of city)? — Yes," and "shall (giving the name or other designation of the terri- tory proposed to be annexed, as stated in the notice of election) be an- nexed to the city of (stating name of city) ? — No," and there shall be a voting square to the right of and opposite each such proposition. If an elector shall stamp a cross (X) in the voting square after the printed word "Yes," the vote of such elector shall be counted in favor of the annexation of the territory referred to in such proposition to the municipal corporation named therein; and if an elector shall stamp a cross (X) in the voting square after the printed word "No," the vote of such elector shall be counted against such annexation. The ballots used at such election, the opening and closing of the polls, and the holding and conducting of such election, shall be in conformity, as near as may be, with the laws of this state concerning general elections, except as herein otherwise provided. The judges and inspector of such election for each polling place shall immediately on the closing of the polls, count the ballots, make up, certify and seal the ballots and tally sheeets of the ballots cast at their respective polling places, doing so, as nearly as practicable, in the manner provided in the laws of this state relating to general elections, and they shall thereupon deliver the ballots, tally sheets, and returns to and deposit the same with the clerk of the legis- lative body of such municipal corporation. Such legislative body shall, at the time provided for its regular meeting next after the expiration of three daj's from and after the date of said election, meet and pro- ceed to canvass said returns; and such canvass shall be completed at such meeting, if practicable, and in any event, as soon as practicable, avoiding adjournment or adjournments, until said canvass is completed. Immediately upon the completion of such canvass, said legislative body shall cause a record thereof to be made and entered upon its minutes, stating the proposition submitted and showing the whole number of votes cast thereon in the territory proposed to be annexed, the number of votes cast therein in favor of annexation, and the number of votes cast therein against annexation. Should majority in outside territory favor. Question submitted in city. 9 3. If it shall appear from the canvass of the returns of the elec- tion held in the territory proposed to be annexed to any municipal corporation, as provided in section 2 of this act, that a majority of all the votes cast in such outside territory on the question of such annex- ation are in favor of annexation, such legislative body must then sub- mit to the electors of such municipal corporation the question whether such territory shall be annexed to, incorporated in and made a part of such municipal corporation. Such question may be so submitted at the' next general municipal election to be held in such municipal corpora- tion, or it may be so submitted prior to such general election, either at a special election called therein for that purpose, or at any other special Act 2374a, § 4 general laws. 1540 municipal election therein, except an election at which the submission of such question is prohibited by law. Whenever such question is sub- mitted at any election in such municipal corporation, such question shall be stated in the notice of such election and on the ballots to be used at such election, and the electors shall vote thereon, in the same manner as hereinbefore provided in the case of the election in the territory pro- posed to be annexed. And whenever such question is submitted at any such municipal election, general or special, as above provided, it shall be submitted and voted upon as other questions are required by law to be submitted and voted upon at such elections, except in particulars otherwise in this act set forth; and the laws applicable to and govern- ing the time and manner of giving notice, conducting, holding, can- vassing the returns, and declaring the result of any such election shall apply to and govern the submission of such question to the electors of such municipal corporation at any such election. Record of votes cast. Should majority favor. Annexation complete. Territory of a city may not be annexed. § 4. Immediately upon the completion of the canvass of the returns of any election in any municipal corporation at which the question of annexation of neAv territory thereto was submitted, as in this act pro- vided, the legislative body of such municipal corporation shall cause a record to be made, and entered upon its minutes, showing the total number of votes east in such municipal corporation upon such question at such election, the number thereof cast in favor of annexation, and the number thereof cast against annexation. If it shall appear from the canvass of the returns of such election, that a majority of the qualified electors of such municipal corporation voting on the question of such annexation are in favor thereof, the clerk or other officer performing the duties of clerk of the legislative body of such municipal corpora- tion shall promptly make and certify, under the seal thereof, and trans- mit to the secretary of state, a copy of the record of the canvass of the returns of the election in such new territory and of the election in such municipal corporation at which the question of the annexation of the same new territory was submitted, and entered upon its minutes as aforesaid, together with a statement showing the dates of such elec- tions in said new territory and in said municipal corporation, and the time and the result of the canvass of the returns of such elections, and containing a description of such territory. Said document shall be filed by the secretary of state immediately upon the receipt thereof. From and after the date of the filing of said document in the office of the secretary of state, the annexation of such territory so proposed to be annexed and described therein, shall be deemed to be and shall be com- plete, and thenceforth such annexed territory shall be, to all intents and purposes, a part of such municipal corporation, except only that no prop- erty within such annexed territory shall ever be taxed to pay any por- 1541 MUNICIPAL CORPORATIONS. Act 2374a, § 5 tion of any indebtedness or liability of such municipal corporation con- tracted prior to or existing at the time of such annexation, excepting as hereinafter provided. No territory which, at the time of the presen- tation of a petition to the legislative body of any munic"-p;il coiporation for the annexation of such territory thereto forms any part of any municipal corporation, shall be annexed under the provisions of this act. Question of taxing annexed territory. Proposition submitted. Notice to specify Improvements, etc. Annexation complete, when. § 5. Whenever any municipal corporation to which it is proposed to annex territory under the provisions of this act shall have incurred, or authorized the incurring of, any bonded indebtedness for the acqui- sition, construction or completion of any municipal improvement or improvements, the petition presented to the legislative hodj of such municipal corporation, as provided in section 2 of this act, may contain a request that the question to be submitted to the electors residing in the territory proposed by such petition to be annexed to such municipal corporation, shall be, whether such new territory shall be annexed to, incorporated in, and made a part of, said municipal corporation, and the property therein be, after such annexation, subject to taxation, equally with the property within such municipal corporation, to pay any such bonded indebtedness of such municipal corporation, outstanding at the date of such annexation or theretofore authorized. If such request shall be made in said petition, proceedings shall be had thereon, and an election shall be called and held in the territory proposed to be annexed, the same in all respects as upon a petition presented under the provisions of section 2 of this act, excepting that the notice of election shall distinctly state the proposition to be submitted, to wit: that it is proposed to annex to, incorporate in, and make a part of, such municipal corporation, the territory sought to be annexed, specifically describing the boundaries thereof, and that the pi'operty therein, shall, after such annexation, be subject to taxation, equally with the prop- erty within such municipal corporation, to pay such bonded indebted- ness of such municipal corporation, outstanding at the date of the said annexation, or indebtedness theretofore authorized and to be repre- sented by bonds of such municipal corporation thereafter to be issued. The said notice shall, in addition, distinctly specify the improvement or improvements for which such indebtedness was so incurred or author- ized, and state the amount or amounts of such indebtedness already in- curred, outstanding at the date of the first publication of such notice, and the amount or amounts of such indebtedness theretofore authorized, and to be represented by bonds thereafter to be issued, and the maxi- mum rate of interest payable, or to be payable on such indebtedness; and upon the canvass of the returns of the votes cast in any territory proposed to be annexed at any election held therein under the proviuions of this section, if it shall anjioar that two thirds of all tlie votes cast in such outside territory are in favor of anuexati9n, the legislative Act 2374a, § 6 general laws. 1542 body of such municipal corporation shall submit to the electors therdof the question whether such territory shall be annexed to, incorporated in and made a part of such municipal corporation. Such question may be so submitted to the electors of such municipal corporation in the same manner as provided in section 3 of this act, and if it shall appear frum the canvass of the returns of the election in such municipal corporation at which such question shall have been submitted, that a majority of the qualified electors thereof voting upon the question of such annexa- tion are in favor thereof, like proceedings shall thereupon be talcen, and with the same force and effect as provided in sections 3 and 4 of this act. The provisions of sections 2, 3 and 4 of this act, so far as applicable, shall apply to annexation under the provisions of this section. From and after the date of the filing in the office of the secretary of state of a copy of the record of the canvass of the returns of the election in such new territory and of the election in such muni- cipal corporation at which the question of the annexation of the same new territory was submitted under the provisions of this section, and entered upon the minutes of the legislative body of such municipal cor- poration, as hereinbefore in this act provided, together with a state- ment showing the dates of such elections in said new territory and in such municipal corporation, and the time and result of canvass of the returns of such elections, the annexation of such territory so proposed to be annexed and described therein, shall be deemed, and shall be, com- plete, and thenceforth such annexed territory shall be, to all intents and purposes a part of such municipal corporation, and the property within such annexed territory shall be taxed to pay the bonded indebtedness or liability of such corporation, specified in said notice, equally with the property within such municipal corporation as it existed prior to such annexation. Questions of annexing two or more outside bodies may be submitted at one election. Procedure. Annexation complete when. § 6. Nothing in this act contained shall be construed to prevent the submission to the electors of any municipal corporation as separate propositions to be voted upon separately at one and the same election therein, of the questions of the annexation to any such municipal cor- poration of two or more bodies of outside territory, each of which is contiguous to such municipal corporation, but no one of which is con- tiguous to any of the others. Whenever, upon proceedings had and taken and at elections called and held in accordance with the provisions of this act, the electors of each of two or more such bodies of outside territory have voted in favor of the annexation thereof to the same municipal corporation, the legislative body of such municipal corpora- tion must submit to the electors tliereof, as separate propositions, each to be voted upon separately and without regard to the others, the question whether each such bodies of new territory shall be annexed to, incorporated in and made a part of such municipal corporation. Such questions may be .so submitted at the next general municipal election 1543 MUNICIPAL CORPORATIONS. Act 2374a, § 6 to be held in sucli municipal corporation, or they may be so submitted prior to such general election, either at a special election called therein for that purpose, or at any other special election at which the sub- mission of such questions is [not] prohibited by law. The notice of such election shall state, as separate propositions' to be submitted at such election, the question of the annexation of each body of new territory, in the same manner as hereinbefore provided in the case of the notice of an election in such municipal corporation at which the question of the annexation of only one body of new territory thereto is submitted; and the question as to each such body of new territory, shall be printed upon the ballots to be used at such election and the same shall be voted upon, separately, in like manner as hereinbefore provided in the case of the submission of the question of the annexation of one body of Bueh new territory. The provisions of section 3 of this act shall apply to such election in all respects the same as in the case of an election where only one such question is submitted; provided, however, that the annexation of any such body or bodies of new territory, upon the ques- tion or questions of the annexation of which a majority of the votes east thereon at such election shall have been cast in favor thereof, shall not be affected or prejudiced in any manner, in the event that a major- ity of the votes cast at such election upon the question or questions of the annexation of any other body or bodies of new territory, shall have been cast against the annexation thereof. If it shall appear from the canvass of the returns of such election, that a majority of the qualified electors of such municipal corporation voting separately upon the question or questions of the annexation of any one or more bodies of new territory, are in favor thereof, the clerk or other officer performing the duties of clerk of the legislative body of such municipal corporation, shall forthwith make and certify, under the seal thereof, and transmit to the secretary of state, a copy of the record of the canvass of the returns of the election in each such body of new territory, at which the electors residing therein shall have voted in favor of the annexation thereof to such municipal corpora- tion, as hereinbefore provided, and of the canvass of the returns of the election in such municipal corporation at which the questions of the annexation of each such bodies of new territory were submitted, and entered upon its minutes as aforesaid, together with a statement show- ing the date of the elections in each such body of new territory, and in such municipal corporation, and the time and result of the canvass of the returns of such elections; provided, however, that the aforesaid record and statement as to any number of such annexations may be included in one document. From and after the date of the filing of said document in the office of the secretary of state, the annexation of each body of new territory described herein, and so proposed to be annexed shall be deemed to be, and shall be complete, and thereafter each such body of annexed territory shall be, to all intents and purposes, a part of such municipal corporation, with the same force and effect as iu the case of other annexations under this act. Act 2374a, §§ 7-10 general laws. 1514 Only one petition for annexation of same territory at one time. § 7. Whenever a petition for the annexation of any new territory to any municipal corporation has been received by the legislative body thereof, as in this act provided, no petition asking for the annexation^ in whole or in part, of the territory described in such petition, to any other municipal corporation, shall be presented to the legislative body of such other municipal corporation, and the last-mentioned legislative body shall not submit the question of the annexation of such territory or any part thereof to the electors of such other municipal corpora- tion, until the question of the annexation thereof to the municipal cor- poration whose legislative body received the petition first in this section mentioned shall have been submitted to the electors residing in such ter- ritory, and a majority of electors voting upon such question in such territory, shall have voted against the annexation thereof to such municipal corporation, or, in the event that a majority of the electors in such territory voting therein shall have voted in favor of the an- nexation thereof to such municipal corporation, until the question of such annexation shall have been submitted to the electors of such municipal corporation, and a majority of the electors thereof voting upon such question, shall have voted against the annexation thereof to such municipal corporation. Adding territory to wards of city. § 8. The legislative body of any municipal corporation which is or shall be divided into wards, and to which territory has been hereto- fore or shall be hereafter annexed, under the provisions of this act. must by ordinance either so alter the boundaries of the wards of such municipal corporation as to include such annexed territory in one or more wards adjoining such annexed territory, or make of such annexed territory one or more additional wards; provided, that the number of wards shall not be so increased as to exceed the number which such municipal corporation may have according to law. In altering the boundaries of wards, or creating new wards, regard must be had to the number of inhabitants, so that each ward shall contain, as near as may be, an equal number of inhabitants, exclusive of persons ineligible to citizenship in this state. Legislative districts not affected. § 9. Nothing in this act contained shall alter or affect the boundaries of any senatorial or assembly district. Expenses. Road tax uncollected to belong to city. Applies to all taxes. § 10. All proper expenses of proceedings for annexation of territory under this act, whether such annexation shall be made and completed or not, shall be paid by the municipal corporation so annexing or at- tempting to annex such territory. In the event that a tax for road purposes has been levied by the board of supervisors of any county against property situated in territory which, subsequent to such levy, 1545 MUNICIPAL CORPORATIONS. Act 2379a, § 1 is annexed to any municipal corporation under the provisions of this act, but which, at the time of such annexation has not been collected, then all such taxes so uncollected shall be and become the property of the municipal corporation to -which such territory is annexed, and the same shall, with other county taxes, be collected by the county tax col- lector, and by him paid into the county treasury of said county, after which the same shall, by the county treasurer, be paid to such municipal corporation, upon proper warrant therefor. The town or city clerk, or other officer performing the duties of clerk of such municipal corpora- tion, shall, at any regular meeting of the board of supervisors of said county, present, and file a verified claim for any money thus due such municipal corporation, setting forth the fact, and the date of such annexation, and the amount in the hands of said county treasurer so due sufh municipal corporation. Such claim shall be audited by the board of supervisors in the manner in which other claims against the county are audited, and if the amount thereof is correct, the same shall be allowed, and the county auditor instructed to draw his warrant for said amount against the road fund of the district in which such annexed territory is situated. This section shall apply to all such taxes not paid into the county treasury prior to the taking effect of this act. Act of 1898 not affected. Title of act. § 11. This act shall in no wise affect an act entitled "An act to provide for the alteration of the boundaries of and for the annexation of territory to incorporated towns and cities, and for the incorporation of such annexed territory in and as a part of such municipalities, and for the districting, government, and municipal contrpl of annexed terri- tory," approved March 19, 1889, or acts amendatory to said act, and this act shall not apply to any proceedings had or taken thereunder, but is intended and does provide an alternative method for the annexa- tion of territory to municipal corporations. When any proceedings for the annexation of territory to any municipal corporation are commenced under this act, the provisions of this act, and of such amendments thereof as may hereafter be adopted, and no other, shall apply to such proceedings. This act may be designated and referred to as the "An- nexation act of 1913." See ante, Act 2374. ACT 2379a. An act to provide for changing the boundaries of cities and municipal corporations, and to exclude uninhabited territory therefrom. [Approved .June 11, 1913. Stats. 1913, p. 703.] Excluding uninhabited territory. Notice. Objection to exclusion. Election. Exclusion, when complete. § 1. The boundaries of any city or municipal corporation may be altered, and uninhabited territory excluded therefrom, after proceedings Act 2379a, § 1 genekal laws. 1546 had, as required in this section. The legislative body of any municipal corporation, upon receiving a written petition therefor, containing a description of the uninhabited territory proposed to be excluded from said corporation, and signed by not less than one-tenth in number of the qualified electors of such municipal corporation, computed on the num- ber of votes cast at the last general municipal election held therein, must, without delay, notify the board of supervisors of the county in which said town or city is located of the fact of filing such petition. Upon receipt of such notification it shall be the duty of said board of supervisors to cause a notice to be published in said county for a period of five successive days in case there is a daily newspaper therein, or in ease where there is only a weekly or semi-weekly newspaper pub- lished therein then, for two successive weekly or semi-weekly publi- cations, setting forth by general description the land sought to be excluded from the said municipality and announcing the time and place when and where objections to said exclusion will be heard. Any person owning any land so sought to be excluded may object to said exclusion by filing a written remonstrance with the said board of supervisors. At the time specified in said notice, or at such other time as may be fixed by postponement, the said board of supervisors shall hear the said protestations, and unless the remonstrances are filed by the owners of more than one-half of the land sought to be excluded, the decision of said board of supervisors upon said protestations shall be final and conclusive. In the event that the owners of more than one-half of the land sought to be excluded, or the owners of anj- single tract of land exceeding five acres in area, file remonstrances against such exclusion, said protestations shall be sustained by the board of supervisors and shall be a bar to any further proceedings under the pro- visions of this act for the period of one year. In the event that there are no protestations filed or if filed, if the same are overruled by said board of supervisors, and the said board shall by resolution consent to the exclusion of said uninhabited territory by the municipality, it shall then be the duty of the legislative branch of said municipality to submit to the electors of such municipality the question whether or not said territory proposed to be excluded shall be excluded from said municipal corporation. Such question shall be submitted at a special election to be held for that purpose, or at any municipal election. Notice of said election shall be published in a newspaper, printed in such city or town, at least once a week for a period of two weeks next preceding such election. Said notices shall state that it is pro- posed to exclude the territory sought to be excluded from said municipal corporation and invite the electors of said city or town to vote upon such proposition by placing a cross (X) opposite the words "For exclu- sion" or the words "Against exclusion" to indicate whether they vote for or against the exclusion of such territory. In said notice the terri- tory sought to be excluded may be generally described in such manner as to apprise the voters of the particular land or territory sought to be 1547 MUNICIPAL CORPORATIONS. Act 2379a, §§ 2, 3 excluded. Said legislative body is hereby empowered and it shall be ita duty to establish and in such notice of election designate the voting precinct or precincts, or places at which the polls will be opened in said city or town, and said elective body is empowered to appoint the officers of such election, who shall be for each voting place at least two judges and one inspector, each of whom shall be a qualified elector of said city or town. The judges and inspectors of such election shall immediately upon the closing of the polls, count the ballots, make up and certify the returns of the ballots cast at their respective polling places, as quickly as possible, in the manner provided in the laws of this state, and deposit all said returns with the clerk of said city or town. Said legislative body shall, at the time provided for its regular meeting next after said returns are filed with the clerk of said city or town, meet and proceed to open and canvass said returns, and immediately upon the completion of such canvass cause a report thereof to be made and entered upon its minutes, showing the whole number of votes cast and the number cast in favor of exclusion and the number cast against exclusion; and if it shall appear from such canvass that a majority of votes cast is in favor of exclusion, the clerk or other officer performing the duties of the clerk of such legislative body shall make and certify, under the seal of such municipal corporation, and transmit to the secretary of state and to the board of supervisors of the county in which said city or town is located, a copy of said report so entered upon its minutes, together with a statement showing the date of said election and the time and result of said canvass, which document shall be filed by the secretary of state and the clerk of said board of supervisors. From aud after the date of filing of said document in the office of the secretary of state, the exclusion of such territorj^ so proposed to be excluded shall be deemed and shall be complete and thenceforth such excluded territory shall cease to be a part of such municipal corporation, for all intents and purposes; provided, that nothing contained in this act shall be held to relieve in any manner whatsoever any part of said territory from any liability for any debt contracted by such municipal corporation prior to such exclusion; and provided, further, that such municipal corpora- tion is hereby authorized to levy and collect from any territory so ex- cluded from time to time such sums of money as shall be found due from it on account of its just proportion of liability for any payment on the principal or interest of such debts. Legislative districts not aifected. § 2. Nothing in this act shall alter or affect the boundaries of any senatorial or assembly district. Expenses. § 3. All proper expenses of proceedings for exclusion of uninhabited territory under this act, whether such exclusion shall be made and com- pleted or not, shall be paid by the municipal corporation so excluding or attempting to exclude such territory. Act 2383, § 2a general laws. 1548 ACT 2383. An act to provide for the consolidation of municipal corporations. [Approved March 11, 1909. Stats. 1909, p. 282.] Amended 1911, Statutes of 1911, page 1199, as follows: Sulimitting question of payment of bonds at elections proposing the con- solidation of municipalities. Two-thirds vote necessary to carry. § 2a. Whenever any one or more, or all of the municipal corporations proposed to be consolidated under the provisions of this act shall have incurred, or authorized the incurring of, any bonded indebtedness for the acquisition, construction or completion of any municipal improvement or improvements, the petition provided for in section 2 of this act may contain a request that the question to be submitted to the electors of such municipal corporations shall be whether such municipal corporations shall become consolidated as hereinbefore provided, and the property in any one or more, specified in said petition, of such municipal corpora- tions, be, after such consolidation, subject to taxation, equally with the property in any other one or more, specified in said petition, of said municipal corporations, to pay any such bonded indebtedness, specified in said petition, of said other municipal corporation or corporations, outstanding at the date of such consolidation, or theretofore authorized. If such request shall be made in said petition, proceedings shall be had thereon, the same in all respects as upon a petition presented under the provisions of the preceding section, excepting that the notice of election shall, in addition to the matters required by the preceding section, dis- tinctly state that it is proposed that such property as it may be proposed in said petition shall be taxed to pay such bonded indebtedness of any one or more of such municipal corporations proposed to be consolidated, as specified in said petition, other than that in which such property is situated, shall, after the date of such consolidation, be taxed equally with the property within the municipal corporation or corporations orig- inally incurring, or authorizing the incurring of, such indebtedness, to pay the same. The said notice shall, in addition, distinctly specify the improvement or improvements for which such indebtedness was so in- curred or authorized, and state the amount or amounts of such indebt- edness already incurred outstanding at the date of the first publication or posting of such notice, and the amount or amounts of such indebted- ness theretofore authorized, and to be represented by bonds thereafter to be issued, and the maximum rate of interest paj'able or to be payable on such indebtedness; and upon the canvass of the returns of the election held in pursuance of such notice, if it shall appear that two-thirds of all the ballots cast in each municipal corporation the property in which it is proposed, as aforesaid, shall, after consolidation, be subject to taxation to pay any bonded indebtedness of any other of the said municipal cor- porations proposed to he consolidated shall be in favor of such consolida- tion, and that a majority of the votes cast in each of the other municipal 1549 MUNICIPAL CORPORATIONS. Act 2383a, § 1 corporations so proposed to be consolidated shall be in favor of consoli- dation, and not otherwise, the same proceedings shall be had as in the preceding section it is provided shall be taken when a majority of the votes cast in each such municipal corporation shall be in favor of such consolidation, and such consolidation shall be deemed to be completed in the same manner, and with the same effect, as in sai ided, however, that such ordinance shall not become effective until the same shall have been submitted to the electors of such municipal corporation at a special election to be held for that purpose; and such legislative body shall give notice of such election by publication at least once a week for a period of four weeks prior to such election in a newspaper printed and published in such municipal corporation. Such notice shall contain a copy of said ordi- nance and the electors shall be invited thereby to vote for or against the same. If upon canvassing the votes at such an election, it is found that a majority of the votes so cast are in favor of said ordinance, the same shall become effective, and said tax shall be levied and collected and used in the manner provided therein. Election, § 2. Except as otherwise provided herein, the election herein men- tioned shall be held as provided by law for holding municipal elections in such municipality, and the mode and manner of levying and collect- ing the tax herein provided shall be the same as apply to and govern in the assessment and collection of other municipal taxes, ACT 2389b. An act granting to municipal corporations of the state of California the right to construct, operate and maintain water and gas pipes, mains or conduits, electric light and electric power lines, and telephone and telegraph lines, along or upon any road, street, alley, avenue or highwaj', or across any railway, canal, ditch or flume. [Approved April 10, 1911. Stats. 1911, p. 852.] Cities may construct, etc., water and gas pipes, and electric, telegraph, etc., lines on a road. § 1. That there is granted to every municipal corporation of the state of California the right to c instruct, operate and maintain water and gas pipes, mains or conduits, electric light and electric power lines, and telephone and telegraph lines, along or upon any road, street, alloy, avenue or highway, or across any railway, canal, ditch or flume which the route of such works intersects, crosses or runs along, in such manner as to afford security for life and property; but the municipality shall restore the road, street, alley, avenue, highway, canal, ditch or flume thus intersected to its former state of usefulness, as near as may be; provided, however, that such municipality may not use any street, alley, avenue or highway within any city and county or incorporated city or 1565 MUNICIPAL CORPORATIONS. Acts 2389c, 2389d town, for such purposes, unless the right so to use the same is granted by a two-thirds vote of the governing body of such city and county, or incorporated city or town. § 2. This act shall take effect immediately. ACT 2389c. An act authorizing any city and county or municipality within this state, power to grant franchises, to lay steam-heating pipes in the streets, roads, avenues, alleys and public highways, for the purpose of carry- ing steam to be used for heating purposes. [Approved April 12, 1911. Stats. 1911, p. 895.] Franchises to lay steam-heating pipes. § 1. Power is hereby given to all cities and counties and municipali- ties within this state to grant franchises for the purposes of laying pipes in the streets, roads, avenues, alleys and public highways therein, for the purpose of carrying steam heat under high pressure; to be used, dis- tributed and sold to the inhabitants thereof, for heating purposes. The granting of such franchises shrill be subject to the provisions of the act entitled "An act providing for the sale of street railroad and other franchises in counties and municipalities, and providing conditions for the granting of such franchises by legislative or other governing bodies, and repealing conflicting acts/' and any act or acts amendatory thereof. ACT 2389d. An act relating to the acquisition, construction and operation of public utilities by municipal corporations. [Approved May 1, 1911. Stats. 1911, p. 1391.] Municipalities may acquire public utilities. § 1. Any municipal corporation of the state of California may acquire, construct, own, operate, or lease any public utility. A public utility, as the term is used herein, is defined to mean the supply of a municipal corporation alone, or together with the inhabitants thereof, or any por- tion thereof, with water, light, heat, power, transportation of persons or property, means of communication, or promoting the convenience of the public. The power to acquire and operate any public utility shall include the power to complete, reconstruct, extend, change, enlarge and repair any such public utility, acquired, constructed, owned or operated by a municipality. May acquire, etc., land easements. § 2. For such jiurpose any such municipal corporation may acquire, own, control, sell or exchange lands, easements, licenses and rights oP every nature within or without its municipal limits, and may operate Act 2389e, § 1 gene-ral laws. 1566 any sucli public utility within or without the municipal limits when necessary to supply such municipality, or the inhabitants, or any portion thereof, with the service desired. May sell excessive water, etc. § 3. Whenever, in the operation of any such utility, any such munici- pality shall develop an excess of water, light, heat or power, over and above the amount thereof which is necessary for the use of such munici- pality and its inhabitants, or of such portion thereof as the legislative body of such municipality may determine shall be supplied therewith, then such nninieipality may sell, lease or distribute such excess of water, light, heat or power, outside of the corporate limits of such municipality. Term of lease. § 4. No lease of any public utility shall be valid for a period of more than fifteen years and all such leases shall be let to the highest bidder at public auction. § 5. This act shall take effect and be in force from and after its pas- sage. ACT 2389e. An act to authorize certain cities and cities and counties to levy and col- lect taxes for the purpose of providing a fund for the improvement, repair and maintenance of their harbors, and for the construction of wharves and piers, seawall, state or municipal railroad and spurs therealong, betterments, appurtenances, dredging and filling neces- sary in connection therewith, and to authorize such cities and cities and counties to issue and sell their bonds to create a fund for such repair, maintenance, improvement or construction, or any part thereof, or for the redemption, retirement and cancellation of any state bonds now or hereafter issued and sold to create a fund for any such purposes. [Approved May 1, 1911. Stats. 1911, p. 1462.] Cities may levy taxes or sell bonds to improve harbors. § 1. Any city or city and county whose corporate limits include or front upon any harbor, bay or estuary, or other navigable water, whether the tide lands or waterfront thereof is owned or controlled by it or by the state, either in whole or in part, is hereby authorized to incur an indebtedness for the improvement, repair and maintenance of its harbor, and for the erection of wharves, piers, seawall, state or municipal rail- road and spurs therealong, betterments, appurtenances and dredging and filling necessary in connection therewith, and for each, any or all of said purposes, and such city or city and county for the purpose of providing a fund or funds for "the payment of such indebtedness, is hereby au- thorized to levy and collect taxes therefor or to issue and sell its bonds I i 1567 MUNICIP.VL CORPORATIONS. Act 2389f therefor, or to levy and collect taxes anrl to issue and sell its bonds therefor, whether the fund so provided is now or hereafter by law or by the charter of such city or city and county, under the management and control of a state board of harbor commissioners or under the manage- ment and control of such city or citj' and county, or any officer, board or department thereof, and such city or city and county is also author- ized to issue and sell its bonds for the purpose of providing a fund for the redemption, cancellation and retirement of any state bonds now or hereafter issued and sold for the purpose of providing a fund for any improvement or construction in its harbor as aforesaid. Law applicable. § 2. All provisions of law or of the charter of such city or city and county relative to the issuance and sale of the other municipal bonds of such city or city and county, and to the mode and manner of calling, holding and canvassing an election authorizing the same, shall with equal force apply to the issue and sale of the bonds hereby authorized and to the mode and manner of calling, holding and canvassing any election with reference thereto. City ma.y turn over funds to harbor commissioners. § 3. Where by law or by the charter of such city or city and county the management and control and improvement of its harbor or tide lands is vested in whole or in part in a state board of harbor commissioners, such city or city and county is authorized to turn over to such state board of harbor commissioners any fund or funds which it may provide as aforesaid, to be by said state board of harbor commissioners used, managed and controlled for such work of improvement, repair, mainte- nance and construction aforesaid as said city or city and county may lawfully designate. Fund for redemption of bonds. § 4. Whenever any city or city and county provides any fund under authority of this act for the redemption, cancellation or retirement of any state bonds hereinabove mentioned, such city or city and county through its appropriate officer or officers may transfer the money in such fund to the state treasurer who must upon its receipt place the same in the appropriate sinking fund and apply the same to the redemption, can- cellation and retirement of said state bonds. § 5. This act shall take effect immediately. ACT 2389f. An act to authorize and empower municipal corporations which own or possess, or which may hereafter own or possess, tidal lands, or the title thereto, of any' harbor or other navi-jnble waters therein to establish harbor lines for such waters; to validate harbor lines here- Act2389f, §§ 1, 2 GENERAL LAWS. 1568 tofore established by siieh municipal corporations; to provide for the free and unobstructed navigation of such waters, and to authorize and empower such municipal corporations to provide access to such waters by public streets, highways and other public rights of way to such navigable waters and to prevent the exclusion or obstruc^ tion thereof; and to authorize and validate the filling in and im- proving of tidal lands between the mainland and harbor lines fixed by municipal or other authority. [Approved June 6, 1913. Stats. 1913, p. 497.] Cities may establish harbor lines. § 1. Any municipal corporation that, by grant from the state of Cali- fornia, or otherwise, owns, holds or possesses, or may hereafter own, hold or possess tide lands and submerged lands, or the title to such lands, situated within the boundaries of such municipal corporation and fronting on the waters of any harbor, bay, inlet, estuary or other navigable water within the boundaries of such municipal corporation, is hereby granted power and authority, to be exercised by ordinance, to fix and establish harbor lines, both pierhead and bulkhead lines, in and for such harbor, bay, inlet, estuary or other navigable water, and to change or abolish such harbor lines as the public interest or the needs of commerce and navigation may require. That the aforesaid power and authority is hereby granted and shall be exercised by any municipal corporation to the same extent to which the state of California might itself exercise the same, or to which it can grant such power to any such municipal cor- poration; provided, that no such harbor lines shall be fixed or established beyond or outside of any harbor lines established by the United States. Ordinances confirmed. § 2. All ordinances of any municipal corporation of this state, holding and possessing tide lauds and submerged lands or the title thereto, front- ing on the waters of any harbor, bay, inlet, estuary or other navigable water situated within the boundaries of such municipal corporation, which ordinances may have been adopted prior to the passage of this act, in the manner prescribed by law for the adoption of ordinances by such municipal corporation, and which ordinances fix or establish harbor lines upon or adjacent to such tide lands and submerged lands, are hereby confirmed, legalized and validated, in so far as the same purport to fix or establish harbor lines, and, except in so far as the harbor lines so established may be located or extend beyond or outside of harbor lines established under the authority of the United States; and all such harbor lines so established, by any such municipal corporation, except as afore- said, are hereby recognized as and declared to be harbor lines of the harbor, bay, inlet, estuary or other navigable water for which they were so established; provided, however, that such harbor lines may be here- after altered, modified or abolished by such municipal corporation as the public interest and the needs of commerce and navigation may require. 1569 MUNICIPAL CORPORATIONS. Act 2389f , § 3 Waters to remain open to public. Streets to waters. May fill in tide lands. Power over water frontage. § 3. That all navigable waters of any harbor, bay, inlet, estuary or other navigable water situated within or adjacent to any municipal corporation, shall be and remain open to the free and unobstructed navi- gation of the public, and such waters and the waterfront thereof shall also be and remain open to free and unobstructed access thereto by the people from the public streets and highways within such municipal corporation, and public streets and highways and other public rights of' way shall likewise be and remain open to the free and unobstructed use of the public from such waters and the waterfront thereof to such public streets and highways; and in order to secure to any such mu- nicipal corporation, and tO the people generally, the benefits of this act and the benefits of the provisions of article 15 of the constitution oi the state of California, every municipal corporation in which there is situated any harbor, bay, inlet, estuary or other navigable water, shall have, and is hereby granted power and authority to establish by ordinance, such public streets, highways and other public rights of way to such waters as are or may be required for any public purpose over, upon or along the tide lands or submerged lands in such municipal corporation; fronting on the waters of such harbor, bay, inlet, estuary or other navigable water, for the purpose of connecting such navigable waters with public streets and other highways of such municipal cor- poration, or for any other public purpose, and to lay out, open, widen, narrow, close up, construct, maintain, and improve such streets, high- ways and other public rights of way ; and to fill in or authorize to be filled in all or any part of the tide lands and submerged lands lying between said streets and lying between the mainland and harbor lines established by said municipal or other authority; provided, that when an/ such lands are so filled in, sufficient streets shall be opened and maintained open through and adjacent to such lands so filled in to enable the public to have convenient and adequate access to and along tiie waterfront of such lands and to such navigable waters. That the power and authority hereby granted shall apply to, and be exercisable by any such municipal corporation, over, along or upon the water frontage or tide lands or submerged lands of any such harbor, bay, inlet, estuary or other navigable water that is owned or possessed, or that may hereafter be owned or possessed, or the title to which is now or may hereafter be held by any such municipal corporation, and to any such water frontage or 'tide land or submerged land that is, or may be, claimed or possessed by any individual, partnership or corporation; and the ordinances of any such municipal corporation that may have heretofore been adopted, in the manner prescribed by law for the adoption orf ordinances by said municipal corporation, for the laying out, establishing, opening, constructing, maintaining or other- wise improving of public streets, highways and other public rights of 99 Act 2389g, § 1 GENERAL LAWS. 1570 way of the character mentioned in this section, are hereby confirmecl, legalized and validated. Individuals may not obstruct right of way to waters. § 4. Whenever any municipal corporation, shall, by ordinance regu- larly adopted, declare, or shall have heretofore declared, that any right of way to the navigable water of anj^ harbor, bay, inlet, estuary or other navigable water in such municipality is required for any public purpose, over, upon or along the frontage of tide or submerged lands thereof, no individual, partnership or private corporation claiming or possessing such frontage or tide or submerged lands shall obstruct, hinder or impede such municipal corporation, or the officers thereof in any manner, in laying out, establishing, opening, constructing or other- wise improving, or maintaining such right of way, or exclude such right of way, or obstruct or prevent the free use thereof by such municipal corporation or the public generally. ACT 2389g. An act to provide for the acquisition, installation, construction, re- construction, extension, repair and maintenance by municipalities of watei"works, electric power works, gas works, lighting works, and other public works and utilities; for the assessment of the cost and expenses thereof upon the property benefited; and for the issuance of improvement bonds to represent such assessments, and to repeal an act entitled "An act to provide for the lighting of public streets, lanes, alleys, courts and places in municipalities, and for the assessment of the costs and expenses thereof upon the property benefited thereby," approved March 21, 1905. [Approved .June 6, 1913. Stats. 1913, p. 421.] Cities may maintain public utilities. § 1. Whenever the public interest or convenience may require, the city council of any municipality in the state shall have full power and authority to order water-mains, pipes, conduits, tunnels, hydrants and other necessary works and appliances, for the purpose of providing water service; lines, conduits, and other necessary works and appli- ances, for the purpose of providing electric power service; mains, pipes and other necessary works and appliances, for the purpose of providing gas service; poles, posts, wires, pipes, conduits, lamps and other neces- sary works and appliances, for lighting purposes; or any of said im- provements, or any works, utility or appliances necessary or convenient for providing any other public service, to be installed, constructed, re- constructed, extended, repaired or maintained in and along the whole or any part of any one or more of the public 'streets, alleys or other places in such municipality, or in and along any right of way owned or held by said municipality for the purpose; also to order any works or appliances already installed in or along the whole or any part of 1571 MUNICIPAL CORPORATIONS. Act 2389g, § 2 any one or more of the public streets, alleys, or other places in such municipality, and which are necessary or convenient for the purpose of supplying such municipality or its inhabitants with water, electricity, gas, or other means of heat, illumination or power or with any other public service, together with any plants, lands and rights of way, whether located within or without the city, necessary or convenient for the use and operation thereof, to be acquired, or to order the use of any such works, appliances and other property to be acquired; also to order electric current, gas, or other illuminating agent, to be fur- nished for such power or lighting service, in the manner and under th3 proceedings hereinafter described. Kesolution of intention. Kinds of work. Reference to officer for re- port. § 2. Before ordering any improvement to be made which is author- ized by section 1 of this act, the city council shall adopt a resolution declaring its intention to do so, briefly describing the proposed improve- ment, and specifying the exterior boundaries of the district to be bene- fited by said improvement and to be assessed to pay the cost and ex- penses thereof, and to be known as the assessment district; provided, however, that the city council may, in its discretion, order, in said resolution of intention, that a certain portion or percentage of the cost and expenses of said improvement, the amount of which portion or percentage shall be specified in said resolution, shall be paid out of thj treasury of the municipality, from such fund as the city council may designate. Said proposed improvement may include any or all of the different kinds of work mentioned in section 1 of this act; pro- vided, however, that the maintenance of appliances or the furnishing of electric current, gas, or other illuminating agent, shall be for a period stated in the resolution of intention, but not exceeding two years. The city council shall also, in the same resolution, refer the proposed improvement to the board, commission or officer of the city having charge and control of the construction of public improvements of the kind described in such resolution, or to the city engineer, or to such other board or officer of the city, or competent person employed by the city for the purpose, as the council may name in said resolution, and direct such board, commission, officer or person to make and file with the clerk of the council a report in writing, presenting the following: Plans and specification. 1. Plans and specifications of the proposed improvement, excepting in so far as said improvement includes the acquisition of works or appliances already installed and any other property necessary or con- venient for the operation thereof, or the acquisition of the use of any such works, appliances and property, as provided for in section 1 of this act, as to which works, appliances and property such report shall contain a general description thereof. Act2389g, §§3,4 generat laws. 1572 Estimate of cost. 2. An estimate of the cost of said improvement and of the incidental expenses in connection therewith. Diagram of district. 3. A diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of the resolution of intention, each of which subdivisions shall be given a separate number in red ink upon said diagram. Assessment according' to benefits. Amount paid out of treasury de- ducted, 4. A proposed assessment of the total amount of the cost and ex- penses of the proposed improvement upon the several subdivisions of land in said district in proportion to the estimated benefits to be re- ceived by such subdivisions, respectively, from said improvements; provided, that whenever any portion or percentage of the cost and ex- penses of such improvement is ordered to be paid out of the treasury of the municipality, as hereinbefore provided, the amount of such por- tion or percentage shall first be deducted from the total estimated cost and expenses of such improvement, and the assessment upon property, proposed in said report shall include only the remainder of said esti- mated cost and expenses. Said assessment shall refer to such subdivi- sions upon said diagram by the respective red ink numbers thereof, and shall show the names of the owners, if known, otherwise designat- ing them as unknown. Xo mistake in the name of the owner of any parcel of land shall affect the validity of the assessment thereon. Consideration of report. Hearing of protests. § 3. Upon the filing of the report provided for in section 2 of this act, the said clerk shall present the same to the city council for con- sideration, and said council may modify the same in any respect, and, in case of any such modification, the report, as modified, shall stand as the report for the purpose of all subsequent proceedings. Thereafter, the council, by resolution, shall appoint a time and place for hearing protests in relation to the proposed improvement, which time shall not be less than twenty days from the date of the passage of said resolution, and shall direct the clerk of the city council to give notice of said hearing, and shall designate a daily or weekly newspaper pub- lished and circulated in said city in which such notice shall be pub- lished. Notices of local improvement posted. Publication. § 4. After the passage of the resolution of intention, the clerk of said city council shall cause to be conspicuously posted along all streets and parts, of streets or other public places and rights of way held or 1573 MUNICIPAL CORPORATIONS. Act 2389g, § 5 owned by the municipality, as aforesaid, where any work is to be done or improvement made or acquired, at not more than three hundred feet apart, but not less than three in all, notices of the passage of said reso- lution. Said notice shall be headed "Notice of Local Improvement," in letters of not less than one inch in length, and shall, in legible characters, state the fact and date of the passage of the resolution of intention and of the filing of said report and the date set for the hear- ing of said protests, and briefly describe the improvement proposed to be made or acquired, and refer to said resolution and report for further particulars. He shall also cause a notice similar in substance to be published by two successive insertions in a daily or weekly newspaper, published and circulated in said municipality, and designated by said council for that purpose. Said notices must be posted and published, as above provided, at least ten days before the date set for the hearing of said protests. Written protest. Majority may bar resolution. Decision final. Order of improvement. § 5. Any person interested, objecting to said improvement, or to the extent of the assessment district, or to the proposed assessment provided for in section 2 of this act, may file a written protest with the clerk of the city council at or before the time set for the hearing referred to in section 3 hereof. The clerk shall indorse on every such protest the date of its reception by him, and, at the time appointed for the hearing above provided for, shall present to said council all protests so filed with him. If such protests be against said improve- ment and said city council find that the same are signed by the owners of a majority or more of the frontage of the property fronting on streets or parts of streets within said assessment district, all further proceedings under said resolution of intention shall be barred, and no new resolution of intention for the same improvement shall be passed within six months after the presentation of such protests to the city council, unless the owners of a majority or more of the frontage of the property fronting on streets or parts of streets within said assess- ment district shall be in the meantime petitioned therefor. If such pro- tests are against the improvement, and the council find that they are not signed by the owners of a majority or more of the frontage of the property fronting on streets or parts of streets within the assessment district, or if such protests are against the extent of the assessment dictrict, the council shall hear said protests at the time appointed therefor, as above . provided, or at any time to which the hearing thereof may be adjourned, and pass upon the same and its decision shall be final and conclusive, and if such protests are sustained the proceed- ings shall be abandoned, but may be renewed at any time, and if such protests are denied the proposed assessment shall be confirmed. If such protests are against the projiosod assessment, the council sliall hear said protests at the time appointed therefor, as above provided, or at at.y Aet2389g, §§ 6-9 general laws. 157 J: time to which the hearing thereof may be adjourned, and may confirm, modify or correct said proposed assessment. When, upon the hearing, said proposed assessment is confirmed, modi- fied or corrected, or in case no protests are filed, the report provided for in section 2 hereof shall be adopted as a whole, with any modifi- cations or corrections that have been made therein, and the city council shall, by resolution, order said proposed improvement to be made or acquired, and declare its action upon said report and assessment, which resolution shall be final and conclusive on all persons, and the assess- ment shall be thereby levied upon the respective subdivisions of land in the assessment district. Contest of validity. § 6. The validity of an assessment levied under this act shall not be contested in any action or proceeding unless the same is commenced within thirty days after the time said assessment is levied, and any appeal from a final judgment in such an action or proceeding must be perfected within thirty days after the entry of such judgment. Diagram to city collector. § 7. Upon the passage of the resolution provided for in section 5 hereof, the clerk of said city council shall transmit to the city tax collector the diagram and assessment provided for in subdivisions 3 and 4 of section 2 hereof, and any modifications or corrections thereof made by said city council. Diagram recorded. Assessments delinquent. § 8. Upon receipt of the diagram and assessment referred to in the last preceding section, the tax collector shall record the same in a sub- stantial book, to be kept for that purpose, in his office, and shall there- upon fix a day not less than twenty, nor more than thirty, days from the date of the receipt by him of said diagram and assessment after which all assessments unpaid shall become delinquent, and ten per cent shall be added to the amount thereof, and shall also fix a day for the sale of the various parcels of land upon which the assessments are unpaid, which said date shall be not less than fifty days, nor more than sixty days, from the date of the receipt by him of said diagram and assessment. Notice of sale for delinquency. Payment prior to sale. Sale of land. § 9. The tax collector shall, within ten days after the date of such delinquency, begin the publication of a notice of sale of the property upon which the assessments have not been paid, which publication must be made by two insertions in a daily or weekly newspaper, published and circulated in the city. The description of the various parcels of land need not be set out at length, but they may only be designated in such notice by the respective numbers of the same as they appear upon the assessment and diagram, which shall be properly referred to 1575 ' MUNICIPAL CORPORATIONS. Act 2389g, §§ 10-12 therein. Opposite the description or designation of each parcel of land shall be set out in such notice, the name of the owner as stated in the assessment, the amount assessed against the same, the penalty for delinquency, and its portion of the costs of the sale. At any time after such delinquency, and prior to the sale of any parcels of lands assessed and delinquent, any person may pay the assess- ment thereon, together with the penalties and costs due thereon, includ- ing the cost of advertising, if such payment is made after the first publication of the notice of sale. At the time and place fixed therefor, the tax collector shall proceed with such sale, commencing at the head of the list of lands contained in such notice, and continuing in the numerical order thereof until all the property is sold; provided, that he may postpone or continue the sale from day to day until the sale is completed. The tax collector shall separately sell each parcel of land in such notice, or so much thereof as shall be necessary to realize the amount assessed against the same, together with the penalties and costs as aforesaid, and fifty cents for a certificate of sale. In case there is no other purchaser, the same shall be struck off to the city as purchaser. Certificate of sale. § 10. The tax collector shall issue for each sale an original and duplicate certificate of sale, referring to the proceedings, describing the parcel sold, and giving the name of the purchaser and the amount for which said parcel was sold. The original certificate he shall deliver to the purchaser, and the duplicate he shall keep on file in his office, in the form of a stub, in the certificate book. Redemption of property sold. § 11. At any time before the expiration of one year from the date of the sale, any property sold under the provisions of the preceding sections may be redeemed by the payment to the tax collector of the amount for which the property was sold, with an additional penalty of twenty per cent of said amount. Said redemption money shall be paid by the tax collector to the person holding the original certificate of sale upon his delivering up the same and receipting for the amount received from the tax collector therefor. Upon redemption of any par- cel of land the tax collector shall enter the fact and date of such redemption upon the duplicate certificate of sale thereof. Deed to property. § 12. If the property is sold, and is not redeemed within said period of twelve months from the date of the sale, the tax collector shall execute to the person named in the original certificate, or to his assignee, a deed of the property described in said certificate, which said deed shall refer in general terms to the proceedings under which the same is issued, and shall contain a description of the property. Such deed shall convey Act2389g, §§ 13, 14 general laws. ' 1576 title in fee to said property, and the grantee is immediatelv, npon the receipt thereof, entitled to possession of the property described therein. Special improvement fund. Loan from general fund. § 13. The funds collected by the tax collector under the proceedings herein provided for, either upon voluntary payment or as the result of sales, shall be paid by said tax collector, as fast as collected, to the treasurer of the city, who shall place the same in a special fund desig- nated by the name of the improvement proceeding, and payment shall be made out of said special fund only for the purposes provided for in this act. To expedite the making of any such improvement, the city council may, at any time, transfer into said special fund, out of any money in the general fund, such sums as it may deem necessary, and the sums so transferred shall be deemed a loan to such special fund, and shall be repaid out of the proceeds of the assessments provided for in this act. Contract for improvement. Abandonment by contractor. City may execute work. Cost not to exceed estimate. § 14. At any time after the funds for the proposed improvement, or any part thereof, shall be in the hands of said treasurer, the city coun- cil may let the contract or contracts for such improvement, or the respec- tive parts thereof, and, in so far as said improvement includes the ac- quisition of works or appliances already installed and any other property necessary or convenient for the operation thereof, or the acquisition of the use of any such works, appliances and property, as hereinabove pro- vided, the council may authorize such acts and proceedings as may be necessary for the purpose of effecting such acquisition. Every such contract shall be let to the lowest responsible bidder after notice pub- lished by two insertions in some newspaper published in such munici- pality, and designated by the city council for that purpose, or if there be no such newspaper, then by such posting as the city council may provide. Every bid shall be accompanied by a certified check, amount- ing to ten per cent of the bid, payable to the order of the clerk of said city council, and the same shall be forfeited to the municipality in case the bidder depositing the same does not, within fifteen days after written notice that the contract has been awarded to him, enter into a contract with the municipality for the work, the faithful performance of which shall be secured by an undertaking in such penal sum as the city council shall require, with sureties satisfactory to said council. The contract must provide that the work shall be done, and the work must be done, strictly in accordance with the plans and specifications contained in the report provided for in sections 2 and 3 of this act. The work must be done under the supervision of the board, officer or person by whom the report provided for in section 2 of this act was made, and no work shall be paid for until it has been accepted by said board, oflicer or person. If the contractor abandons the work, or fails to proceed with the same as rapidly as required by his contract, the said city council may relet 1577 MUNICIPAL CORPORATIONS. Act 2389g, §§ 15-17 the work in the same manner as in the ease of the first letting thereof, and retain the amount of the cost of the same, and of any expense incidental to the reletting out of any funds due or to become due, to the contractor, and also hold him and his sureties responsible for such cost and expense, and for any damages resulting from such a-bandonment OT failure upon his bond; provided, however, that the city council in its discretion, may, at any time within ten days after the award of any contract, as above provided, or at any time within ten days after the time fixed for the opening of bids, if no bids have been received, order by resolution adopted by a vote of two-thirds of all its members, that said proposed contract be not made, and that the municipality itself execute the work embraced therein, in accordance with the plans and specifications adopted for such work, and employ the labor, and provide the material, appliances, supplies and illuminating agent necessary therefor; and the cost and expenses of such work shall be paid out of the afore- said funds; and provided further, that the amount appropriated and used from said funds for said purpose shall not exceed the amount of the bid upon which the award of contract aforesaid was made, or, if no bids have been received and the work is to be executed by the muni- cipality itself, as herein provided, such cost and expense shall not exceed the amount of the estimate thereof provided for in section 2 of this act; and if such cost and expense shall exceed the amount of said bid, or of said estimate in case no bids are received, then such excess shall be met out of any moneys in the general fund in the treasury of said city. Supplemental assessment. § 15. In case the first assessment for any improvement provided for in this act proves insufficient, a supplemental assessment may be made to raise the deficit, in the same manner as nearly as may be, as the first assessment, except that protests may only be made against 'such supple- mental assessment, and so on until sufficient money shall have been realized to pay for such improvement. Refund of excess. § 16. If at any time an assessment for any such improvement shall realize a larger sum than is necessaiy therefor, the excess shall be re- funded pro rata to the parties by whom it was paid. Assessment lien on land. § 17. Every special assessment levied under this act shall, from the date of the levy thereof, be a lien upon the land upon which it is levied paramount to all other liens, except prior assessments and taxation, and such lien shall continue until such special assessment is paid, or until the property is sold and a deed is made therefor to the purchaser, as hereinbefore provided, and all parties shall have constructive notice of such lien from the date of the passage of the resolution referred to in section 5 hereof. Act 2389g, §§ 18-20 general laws. 1578 Improvement bonds. Bonds not sold. § 18. The city council may, in its discretion, at or before the time of levying an assessment in proceedings taken under the provisions of this act, determine, by resolution or ordinance, that improvement bonds may issue to represent assessments included in such levy, and amounting each to twenty-five dollars or over, and whenever such determination is made, the provisions of an act entitled "An act providing for the issu- ance of improvement bonds to represent certain special assessments for public improvements, and providing for the effect and enforcement of such bonds," approved April 27, 1911, or of any act or acts amendatory thereof or su[iplemental thereto, shall, except as to the minimum amount of any such bond, be applicable in respect to the issuance, effect and enforcement of such bonds; provided, that any bonds not sold after advertisement for bids, as provided in said act, shall be deposited in the fund of the improve- ment for which said assessments were levied, and be deemed and treated, at their par value, as so much money in said fund, and shall, upon final ac- ceptance of the improvement by the city, be issued to and accepted by the contractor in payment, pro tanto, of the contract or purchase price, or shall, in case the city performs the work, be issued to and accepted by the city in payment, pro tanto, of the cost and expenses of said improvement; and provided further, that when said bonds, or any thereof, are so issued and accepted, the contractor, or city, or other person taking the same, shall have the same rights with reference thereto as other purchasers. Definitions. § 19. The following words and phrases shall, where used in this act, have the following meanings: (1) The term "improvement" includes all work and improvements men- tioned in section 1 of this act. (2) The terms "municipality" and "city" includes every incorporated city, city and county or other corporation organized for municipal pur- poses. (3) The terms "city council" and "council" include any body or board in which by law is vested the legislative power of any city. (4) The terms "treasurer" and "city treasurer" include any person or officer who has charge and makes payments of the city funds. Repealed. § 20. That an act entitled "An act to provide for the lighting of public streets, lanes, alleys, courts and places in municipalities, and for the assessment of the cost and expenses thereof upon the property bene- fited thereby," approved March 21, 1905, and the amendments thereof, are hereby repealed; provided, that proceedings commenced thereunder prior to the taking effect of this act may be continued to completion in the same manner, and with the same force and effect, as if said act and the amendmenta thereof were not hereby repealed. 1579 MUNICIPAL CORPORATIONS. Acts 2389h, 23891 ACT 2389h. An act authorizing and empowerincj any municipal corporation to which tide lands and submerged lands, situated within the limits thereof, have been granted by the state of California, to grant portions of such lands to the United States for public purposes and validating and confirming grants of such lands made by such municipal corpora- tions to the United States. [Approved May 28, 1913. Stats. 1913, p. 437.] Tide lands may be granted to United States by cities. § 1. Any municipal corporation to which tide lands and submerged lands situated within the boundaries thereof have been granted by the state of California, is hereby authorized and empowered to grant por- tions of such lands to the United States, for public purposes of the United States; provided, however, that no such grant shall be made unless authorized and approved by a vote of a majority of the electors of such municipal corporation voting upon the proposition of making such grant at an election therein, at which such proposition shall have been submitted. Former grants validated. § 2. Any grant heretofore made by any municipal corporation to the United States, of any portion of the tide "lands or submerged lands situ- ated within the boundaries of such municipal corporation, which grant was authorized by a vote of the majority of the electors of such muni- cipal corporation, voting upon the question of authorizing such grant, at an election held therein, is hereby confirmed, legalized and declared to be valid; and in any case where a proposed grant of such lands to the United States by a municipal corporation has heretofore been au- thorized by such vote, but such grant has not been made or completed, such municipal corporation is hereby authorized and empowered to make and complete such grant. ACT 23891. An act authorizing municipalities to grant permits for the construction and maintenance of passageways or other structures under or over public alleys for the purpose of connecting buildings located on abutting property. [Approved June 4, 1913. Stats. 1913, p. 446.] Passageways over alleys permitted. § 1. Whenever the legislative body of any municipality in this state shall determine that the public interevst or convenience require the con- struction and the maintenance of passageways or other structures under or over any public alley or alleys in such municipality, for the purpose of connecting buildings located on abutting property and facilitating the public use of the street or streets with which such alley or alleys Act 2390, §§1-3 GENERAL LAWS. 1580 coDnect, such legislative body shall have power to grant permits for the construction and maintenance of such passageways or other structures. Such passageways or other structures shall be so constructed and main- tained as not to interfere with -public traffic on the surface of the alley, and the use of such passageways or other structures shall at all times be subject to the regulation and control of the municipality. Each such permit shall be revocable at the pleasure of the legislative body. TITLE 334. MUNICIPAL WATER DISTRICTS. ACT 2390. An act to provide for the incorporation and organization and manage- ment of municipal water districts and to provide for the acquisition or construction by said districts of waterworks, and for the ac- quisition of all property necessary therefor, and also to provide for the distribution and sale of water by said districts. The original act was adopted May 1, 1911 (Stats. 1911, p. 1290). Its title then read as follows: An act to provide for the incorporation and organiza- tion and management of municipal water districts. The title was amended to read as above December 24, 1911 (Stats. Ex. Sess. 1911, p. 107). The act itself was also amended at the extra session of 1911 as follows (Stats. Ex. Sess. 1911, p. 92): Municipal water districts. § 1. A municipal water district may be organized and incorporated and managed as herein expressly provided and may exercise the powers herein expressly granted or necessarily implied. Territory which may be included. § 2. The people of any city and county, or of one or more municipal corporations in any county with or without unincorporated territory in such county, in the state of California, may organize a municipal water district under the provisions of this act by proceeding as herein provided. [Amendment approved December 24, 1911; Stats. Ex. Sess. 1911, p. 92. J Petition for organization, manner of presentation. Publication. Ex- amination. Supplemental petition. Sufficiency, review of. Election. Certificate of incorporation. Renewal of proposition. § 3. A petition, wliieh may consist of any number of separate instru- ments, shall be presented to the county clerk of the county in which the proposed water district is located, signed by qualified electors residing within the boundaries of the proposed water district equal in number to at least ten per centum of the number of such qualified electors voting for all candidates for the office of governor of this state at the last general election prior to the presentation of such petition; provided, that where one or more municipal corporations are included in such proposed water district, such petition must be signed by at least ten per centum of the qualified electors of each such municipal corporation so voting at such election. Such petition shall set forth and describe the boundaries of such proposed water district, and shall contain a prayer 1581 MUNICIPAL WATER DISTRICTS. Act 2390, § 3 that such proposed water district be incorporated under the provisions of this act; and the text of such petition shall be published for at least two weeks before the time at which the same is to be presented in at least one, but not to exceed three, newspapers printed and published in such county, together with a -notice stating the time of the meeting at which same will be presented. When contained upon more than one instiument, one copy only of such petition need be published. No more than five of the names attached to said petition need appear in such publication of said petition and notice, but the number of signers shall be stated. Within ten days of the date of the presentation of such peti- tion, the county clerk s-hall examine the same and ascertain whether or not said petition is signed by the requisite qualified electors; and if requested by the county clerk, the board of supervisors shall authorize him to employ persons specially for that purpose, in addition to the persons regularly employed in his office, and shall provide for their com- pensation. When the county clerk has completed his examination of the petition, he shall attach to the same his certificate, properly dated, showing the result of such examination; and if from such examination he shall find that said petition is signed by the requisite number of qualified electors residing within the boundaries of such proposed water district, or is not so signed, he shall certify that the same is sufficient or insufficient, as the case may be. If by the certificate of the county clerk the petition is found to be insufficient, he shall also certify to the number of qualified electors required to make such petition sufficient, and it may be amended by filing a supplemental petition or petitions within ten days from the date of such certificate. The county clerk shall, within ten days after the filing of such supplemental petition or petitions, make like examination of the same and certify to the result of such examination as hereinbefore provided. If his certificate shall show any such petition, or such petition as amended, to be insufficient, it shall be filed by him with the board of supervisors and kept as a public record, without prejudice, however, to the filing of a new petition to the same effect. But if, by the certificate of the county clerk, such petition, or such petition as amended, is shown to be sufficient, the county clerk shall present the same to the board of supervisors without delay. The sufficiency or insufficiency of such petition shall not be subject to re- view by the board of supervisors. If any supplemental petition be filed, all the signatures appended to the petition and to the supplemental petition or petitions shall be con- sidered in determining the number of qualified electors signing the peti- tion. After an election for the incorporation of such proposed water district, the sufficiency of such petition in any respect shall not be subject to judicial review or be otherwise questioned. If the county in which such proposed water district is located shall have a registrar of voters other than the county clerk, upon the presentation of the petition heroin mentioned to the county clerk, he shall forthwith deliver the same to such registrar of voters, who shall perform the duties herein required to Act 2390, § 3 GENERAL LAWS. 1582 be performed by the county clerk respecting the examination and certifi- cation of such petition; and said registrar of voters shall return said petition, immediately upon the completion of such examination, together with his certificate showing the result of such examination, to the county clerk, who shall thereupon present such petition, together with the certifi- cate of the registrar of voters attached thereto to the board of super- visors. When such petition is presented, the board of supervisors shall give notice of an election to be held in said proposed water district for the purpose of determining whether or not the same shall be incorporated. Such notice shall describe the boundaries so established apd shall state the proposed name of the proposed incorporation (which name shall con- tain the words " municipal water district"), and such notice shall be published at least four weeks prior to such election in at least one, but not to exceed three, newspapers printed and published in said county. At such election the proposition to be submitted shall be: "Shall the proposition to organize municipal water district under (naming the chapter containing this act) of the acts of the extra session of the thirty- ninth session of the California legislature be adopted?" And the election thereupon shall be conducted, the vote canvassed and the result declared in the same manner as provided by law in respect to general elections, so far as they may be applicable, except as in this act otherwise provided. No person shall be entitled to vote at any election under the provisions of this act imless such person possesses all the qualifications required of electors under the general election laws of the state. Within four days after such election the vote shall be canvassed by the board of super- visors. If a majority of the votes cast at such election shall be in favor of organizing such municipal water district, said board shall by an order entered on its minutes declare the territory included within the proposed boundaries duly organized as a municipal water district under the name theretofore designated, and the county clerk shall immediately cause to be filed with the secretary of state and shall cause to be recorded in the office of the county recorder of the county in which said district is situ- ated, each, a certificate stating that such a proposition was adopted. Upon the receipt of such last-mentioned certificate the secretary of state shall, within ten days, issue his certificate reciting that the municipal water district (naming it) has been duly incorporated according to the laws of the state of California. A copy of such certificate shall be trans- mitted to and filed with the county clerk of the county in which such municipal water district is situated. From and after the date of filing said certificate with the secretary of state, the district named therein shall be deemed incorporated as a municipal water district, with all the rights, privileges and powers set forth in this act and necessarily incident thereto. In case less than a majority of the votes ca^t are in favor of said proposition the organization fails, but without prejudice to renewing proceedings at any time after six months from date of said election. [Amendment approved December 24, 1911; Stats. Ex. Sess. 1911, p. 92. J 1583 MUNICIPAL WATER DISTRICTS. Act 2390, §§ 4, 5 Board of directors to be elected. Additional directors. Term of ofi&ce. Time of election. § 4. At an election to be held within such water district under the provisions of this act and the laws governing general elections not incon- sistent herewith, the municipal water district thus organized shall proceed within ninety days after its formation to the election of a board of direct- ors consisting, if there are no municipalities within the boundaries of said district, of five members. In all cases where the boundaries of such water district include any municipality or municipalities, said board of directors, in addition to said five directors to be elected as aforesaid, shall consist of one cdditional director for each one of said municipalities within such municipal water district, each such additional director to be appointed by the mayor of the municipality for which said additional director is al- lowed; and if there be any unincorporated territory within said water district, of one additional director, to be appointed by the said board of supervisors. Any director so appointed need not be an elector or resident of said district. All directors, elected or appointed, shall hold office until the election and qualification or appointment and qualification of their successors. The term of office of directors elected under the provisions of this act shall be four years from and after their election; provided, that the directors first elected after the passage of this act shall hold office only until the election and qualification of their successors as hereinafter provided. The term of office of directors appointed by said mayor or mayors or by said board of supervisors shall be six years from and after the date of appointment. Directors to be first appointed under the pro- visions of this act shall be appointed within ninety days after the forma- tion of the district. The election of directors of such municipal water district shall be in every fourth year after its organization, on the fourth Tuesday in March, and shall be known as the general water district elec- tion. A second election shall be held, when necessary, as hereinafter pro- vided, on the third Tuesday after such general election, and shall be known as the second water district election. All other elections which may be held by authority of this act, or of ihe general laws, shall be known as special water district elections. [Amendment approved Decem- ber 24, 1911; Stats. Ex. Sess. 1911, p. 95.] Mode of selection of directors. § 5. (1) The mode of nomination and election of all elective officers of such water district to be voted for at any water district election and the mode of appointment of a director or directors by said mayor or mayors or by said board of supervisors shall be as follows and not other- wise. Petition for nomination. (2) The name of a candidate shall be printed upon the ballot when a petition of nomination shall have been filed in his behalf in the manner and form and under the conditions hereinafter set forth. Act 2390, § 5 GENERAL LAWS. 1584 Form of individual certificates. (3) The petition of Boininatioii shall consist of not less than twenty-five individual certificates, which shall read substantially as follows: Petition of Nomination. Individual Certificate. State of California, County of , — ss. Precinct No. . I, the undersigned, certify that I do hereby join in a petition for the nomination of , whose residence is at No. , street, for the office of of the municipal water district to be voted for at the water district election to be held in the municipal water district ou the day of , 19 — ; and I further certify that I am a qualified elector residing within said district, and am not at this time a signer of any othey petition nominating any other eanditlate for the above-named office, or, in case there are several places to .be filled in the above-named office, that I have not signed more petitions than there are places to be filled in the above-named office; that my residence is at No. , ■ street, , and that my occupation is . (Signed) . State of California, County of , — ss. being duly sworn, deposes and says that he is the person who signed the foregoing certificate and that the statements therein are true and correct. (Signed) . Subscribed and sworn to before me this day of — ■ — , 19 — . Notary Public or Verification Deputy. The petition of nomination of which this certificate forms a part shall, if found insufficient, be returned to at No. , street, , California. Blanks furnished by county clerk. (4) It shall be the duty of the county clerk to furnish upon application a reasonable number of forms of individual certificates of the above character. Requisites for certificates of nomination. (5) Each certificate must be a separate paper. All certificates must be of uniform size as determined by the county clerk. Each certificate must contain the name of one signer thereto and no more. Each certificate shall contain the name of one candidate and no more. Each signer must be a qualified elector residing within said district, must not at the time of signing a certificate have his name signed to any other certificate for any other candidate for the same office, nor, in case there are several 1585 MUNICIPAL WATER DISTRICTS. Act 2390, § 5 places to be filled in the same office, signed to more certificates for candi- dates for that oflfiee than there are places to be filled in such office. In ease an elector has signed two or more conflicting certificates, all such certificates shall be rejected. Each signer must verify his certificate and make oath that the same is true, before a notary public or a verification deputy, as provided for in this section. Each" certificate shall further contain the name and address of the person to whom the petition is to be returned in case said petition is found insufficient. Verification deputies, their qualifications, and manner of appointment. (6) Verification deputies, under this section, must be qualified electors of such municipal water district, and shall be appointed by the county clerk or clerks upon application in writing, signed by not less than five qualified electors of such municipal water district. The application shall set forth that the signers thereto desire to procure the necessary signa- tures of electors for the nomination of candidates for office in said munici- pal water district at an election therein specified, and that the applicants desire the person or persons whose names and addresses are given ap- pointed as verification deputies, who shall upon appointment be authorized and empowered to take the oath of verification of the signers of petitions of nomination. Such verification deputies need not use a seal, and shall not have power to take oaths for any other purposes whatsoever, and their appointments shall continue only until all petitions of nomination, under this section, shall have been filed by the county clerk. Time for presentation of nominating petition. (7) A petition of nomination, consisting of not less than twenty-five individual certificates, for any one candidate, may be presented to the county clerk not earlier than forty-five days nor later than thirty days before the election. The county clerk shall indorse thereon the date upon which the petition was presented to him. Examination by county clerk. Amendment of petition. (8) When a petition of nomination is presented for filing to the county clerk, he shall forthwith examine the same, and ascertain whether or not it conforms to the provisions of this section. If found not to con- form thereto, he shall then and there in writing designate on said petition the defect or omission or reason why such petition cannot be filed, and shall return the petition to the person named as the person to whom the same may be returned in accordance with this section. The petition may then be amended and again presented to the clerk as in the first instance. The clerk shall forthwith proceed to examine the petition as hereinbefore provided. If necessary, the board of supervisors shall provide extra help to enable the clerk to perform satisfactorily and promj^tly the duties im- posed by this section. Withdrawal of signer. (9) Any signer to a petition of nomination and certificate may with- draw his name from the same by filing with the county clerk a verified 100 Act 2390, § 5 GENERAL LAWS. 1586 revocation of his signature before the filing of the petition by the clerk, and not otherwise. He shall then be at liberty to sign a petition for another candidate for the same office. Withdrawal of candidate. (10) Any person whose name has been presented under this section as a candidate may, not later than twenty-five days before the day of election, cause his name to be withdrawn from nomination by filing with the count}^ clerk a request therefor in writing, and no name so with- drawn shall be printed upon the ballot. If, upon such withdrawal, the number of candidates remaining does not equal the number to be elected, then other nominations may be made by filing petitions therefor not later than twenty days prior to such election. Filing of petition by county clerk. (11) If either the original or amended petition of nomination be found sufficiently signed as hereinbefore provided, the clerk shall file the same twenty-five days before the date of the election. When a petition of nomination shall have been filed by the clerk it shall not be withdrawn or added to and no signature shall be revoked thereafter. Preservation lof petition. (12) The county clerk shall preserve in his office for a period of two years, all petitions of nomination and all certificates belonging thereto, filed under this section. • Proclamation of election. (13) Immediately after such petitions are filed, the clerk shall enter the names of the candidates in a list, with the offices to be filled, and shall not later than twenty days before the election certify such list as being the list of candidates nominated as required by the provisions of this act, and the board of supervisors shall cause said certified list of names and the offices to be filled, to be published in the proclamation calling the election at least ten successive days before the election in at least one but not more than three newspapers of general circulation published in the county in which such municipal water district is located. Such proclama- tion shall conform in all respects to the general state law governing the conduct of general elections now or hereafter in force, applicable thereto, except as otherwise herein provided. Form of ballots. (14) The county clerk shall cause the ballots to be printed and bound and numbered as provided by said general state law, except as otherwise required in this act. The ballots shall contain the list of names and the respective offices as published in the proclamation and shall be in sub- stantially the following form: 1587 MUNICIPAL^ WATER DISTRICTS. Act 2390, § 5 General (or Special) District Election, ■ Municipal Water Distri&t, (Inserting date thereof). Instructions to Voters: To vote, stamp or write a cross (X) opposite the name of the candidate for whom you desire to vote. All marks other- wise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the inspector of election, and obtain another. Style of ballot, and axrangeraent of names. (15) All ballots printed shall be precisely on the same size, quality, tint of paper, kind of type, and color of ink, so that without the number it would be impossible to distinguish one ballot from another; and the names of all candidates printed upon the ballot shall be in type of the same size and style. A column may be provided on the right-hand side for questions to be voted upon at municipal water district elections, as provided for under this act. The names of the candidates for each office shall be arranged in alphabetical order, and nothing on the ballot shall be indicative of the source of the candidacy or of the support of any candidate. No name to be omitted. (16) The name of no candidate who has been duly and regularly nom- inated, and who has not withdrawn his name as herein provided, shall be omitted from the ballot. Arrangement of offices. (17) The offices to be filled shall be arranged in the following order: "For director vote for (giving number)." Voting squares. (18) Half-inch square shall be provided at the right of the name of each candidate wherein to mark the cross. Space for written names. (19) Half-inch spaces shall be left below the printed names of can- didates for each office equal in number to the number to be voted for, wherein the voter may write the name of any person or persons for whom he may wish to vote. Sample ballots. (20) The county clerk shall cause to be printed sample ballots, iden- tical with the ballot to be used at the election, and shall furnish copies of the same on application to registered voters at his office at least five days before the date fixed for such election, and shall mail one such ballot to each voter entitled to vote at such election, so that all of said sample ballots shall have been mailed at least three whole days before said election. Act 2390, § 5 GENERAL LAWS. 1588 Election of candidates receiving majority vote. (21) In ease there is but one person to be elected to an office, the candidate receiving a majority of the votes east for all the candidates for that office shall be declared elected; in case there are two or more persons to be elected to an office, as that of director, then those candi- dates equal in number to the number to be elected, who receive the high- est number of votes for such office shall be declared elected; provided, however, that no person shall be declared elected to any office at such first election unless the number of votes received by him shall be greater than one-half the number of ballots cast at such election. Second election, and candidates thereat. Tie votes. (22) If at any election held as above provided there be any office to which the required number of persons was not elected, then as to such office the said first election shall be considered to have been a primary election for the nomination of candidates, and a second election shall be held to fill said office. The candidates not elected at such first election, equal in number to twice the number to be elected to any given office, or less if so there be, who receive the highest number of votes for the respective offices at such first election, shall be the only candidates at such second election; provided, that if there be any person who, under the provisions of this subdivision, would have been entitled to become a candidate for any office, except for the fact that some other candi- date received an equal number of votes therefor, then all -such persons receiving such equal number of votes shall likewise become candidates for such office. The candidates equal in number to the persons to be elected who shall receive the highest number of votes at such second election shall be declared elected to such office. Time of second election. (23) The said second election, if necessary to be held, shall be held three weeks after the first election. Conduct of second election. (24) All the provisions and conditions above set forth as to the eon- duct of an election, so far as they maj' be applicable, shall govern the second election, except that notice of election need be published twice only; and provided, also, that the same precincts and polling places shall, if possible, be used. Vacancy by failure to qualify. (2o) If a person elected fails to qualify, the office shall be filled as if there were a vacancy in such office, as hereinafter provided. Method of appointing directors. (26) The mode of appointment of director or directors by the mayor or mayors, or by the board of supervisors, shall be by certificate of ap- pointment signed by said mayor or mayors, or issued by said board of 1589 MUNICIPAL WATER DISTRICTS. Act 2390, §§ 6-8 snpervisorg, and transmitted to the board of directors of said water district. Informalities not to invalidate elections. (27) No informality in conducting municipal water district elections shall invalidate the same, if they have been conducted fairly and in substantial conformity to the requirements of this act. [Amendment approved December 24, 1911; Stats, Ex. Sess. 1911, p. 95.] Conduct of elections. Canvass of returns. § 6. The provisions of the law relating to the qualifications of elect- ors, the manner of voting, the duties of election officers, the canvassing of returns, and all other particulars in respect to the management of general elections, so far as they may be applicable, shall govern all water district elections, except as in this act otherwise provided; provided, that the board of supervisors shall canvass the returns of the election or elections held to select the first board of directors, as herein provided, and that thereafter, except as herein provided, the board of directors shall meet as a canvassing board and duly proceed to canvass the returns within four days after any water district election, including any water district bond election. [Amendment approved December 24, 1911; Stats. Ex. Sess. 1911, p, 100.] Recall. § 7. Every incumbent of an elective office, whether elected by popular vote for a full term, or elected by the board of directors to fill a vacancy, or appointed by a mayor or mayors or by said board of superviso-rs for a full term, is subject to recall by the voters of any municipal water district organized under the provisions of this act, in accordance with the recall provisions of the general laws of the state with Reference to municipal corporations. [Amendment ajiproved December 24, 1911; Stats. Ex. Sess. 1911, p. 100.] Directors to be governing body. President. Conduct of meetings of board. § 8. The board of directors shall be the governing boYS. 1612 in cases of judgment recovered against the county the^ amount thereof and cost shall be paid out of the road district fund of the district where the accident occurred, and in all other cases the judgment must be paid out of the general fund of such county, city, or city and county. ACT 2555. An act to provide for the recall of elective officers of incorporated cities and towns. [Approved January 2, 1912. Stats. Ex. Sess. 1911, p. 128.] Petition for removaL Examination by clerk. Supplemental petition. Election. Nominations. Successor to officer removed. § 1. The holder of any elective office of any incorporated city or town may be removed or recalled at any time by the electors; provided, he has held his office at least six months. The provisions of this statute are intended to apply to officials now in office, as well as to those here- after elected. The procedure to effect such removal or recall shall be as follows: A petition demanding the election of a successor to the person sought to be removed shall be filed with the clerk of the legisla- tive body of such city or town, which petition shall be signed by qual- ified voters equal in number to at least twenty-five per cent of the en- tire vote cast within such city or town for all candidates for the office which the incumbent sought to be removed occupies, at the last preced- ing regular municipal election at which such officer was voted for (or a like percentage of such vote within those precincts of the city or town embraced within the ward or subdivision of the city or town en- titled to vote for a successor to the officer named, in case of an offi- cial not elected by the city or town at large), and shall contain a state- ment of the grounds on which the removal or recall is sought, which statement is intended solely for the information of the electors. Any insufficiency of form or substance in such statement shall in nowise affect the validity of the election and proceedings held thereunder. The sig- natures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of residence and occupation, giving street and number, where such street and number, or either, exist, and if no street or number exist, then such a designation of the place of residence as will enable the location to be readily ascertained. Each such separate paper shall have attached thereto an affidavit made by a qualified elector of the city or town (or particular subdivision thereof as the case may be) and sworn to before an officer competent to admin- ister oaths, stating that the affiant circulated that particular paper and saw written the signatures appended thereto; and that according to the best information and belief of the affiant, each is the genuine signature ot the person whose name purports to be thereunto subscribed, and of a qualified elector of the city or town (or particular subdivision thereof). Within ten days from the date of filing such petition, the clerk shall ex- amine and from the records of registration ascertain whether or not said 1633 OFFICERS. Act 2555, §1 jietition is signed by the requisite number of qualified voters, and he shall attach to said petition his certificate showing the result of said examination. If by the clerk's certificate the petition is shown to be insufficient, it may be supplemented within ten days from the date of such certificate, by the filing of additional papers, duplicates of the original petition except as to the names signed. The clerk shall, within ten days after such supplementing papers are filed, make like examina- tion of the supplementing petition, and if his certificate shall show that all the names to such petition, including the supplemental papers, are still' insufficient, no action shall be taken thereon; but the petition shall remain on file as a public record; and the failure to secure sufficient names shall be without prejudice to the filing later of an entirely new petition to the same effect. If required by the clerk, the legislative body of said city or town, shall authorize him to employ, and shall pro- vide for the compensation to be paid, persons necessary in the examina- tion of said petition and supplementing petition, all in addition to the persons regularly employed by him in his office. In case the clerk is the officer sought to be recalle'd, the duties herein provided to be performed by him shall be performed by some other person designated by said legis- lative body for that purpose. If the petition shall be found to be suffi- cient, the clerk shall submit the same to the legislative body of the city or town without delay, whereupon, that body shall forthwith cause a special election to be held within not less than thirty-five nor more than forty days after the date of the order calling such election, to determine whether the voters will recall such officer; provided, that if a regular municipal election is to occur within sixty days from the date of the order calling such election, the legislative body of the city or town may, in its discretion, postpone the holding of such election to such regular municipal election or submit such recall election at any such election oc- cilrring not less than thirfy-five days after such order. If a vacancy occur in said office after a recall petition is filed, the election shall never- theless proceed as in this section provided. One petition is sufficient to propose the removal and election of one or more elective officials. One election is competent for the removal and election of one or more elective officials. Nominations for any office under such recall election shall be made by petition in the manner prescribed by section 1188 of the Polit- ical Code; except that no party affiliation of candidate, signer or verifi- cation deputy shall be given, nor shall the election as a convention dele- gate or participation in a primary election be any bar to signing such petition. Upon the sample ballot there shall be printed in not more than two hundred words, the reasons set forth in the recall petition for demanding the recall of the officer, and upon the same ballot in not more than two hundred words, the officer may .justify his course in office. There shall be printed on the recall ballot, as to every officer whose recall is to be voted on thereat, the following question: ".Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of the office)?" following which question shall be the Act 2558 GENERAL LAWS. 1614 words "Yes" and "No" on separate lines, with a blank space at the right of each, in which the voter shall indicate by stamping a cross (X) his vote for or against such recall. On such ballots, under each such question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person recalled, in case he shall be removed from office by said recall election; but no vote shall be counted for any candidate for said office unless the voter also voted on said question of the recall of the person sought to be recalled from said office. The name of the person against whom the petition is tiled shall not appear on the ballot as a candidate for the office. If a majority of those voting on said question of the recall of any incumbent from office shall vote "No," said incumbent shall continue in said office. If a majority shall vote "Yes," said incumbent shall thereupon be deemed removed from such office, upon the qualification of his successor. The canvassers shall canvass all votes for candidates for said office and de- clare the result in like manner as in a regular election. If the vote at any such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office shall be thereby declared elected for the remainder of the term. In case the person who received the highest number of votes shall fail to qualify within ten days after receiving the certificate of election, the office shall be deemed vacant and shall be filled according to law. Application of act to chartered cities. § 2. This act is not intended to apply to those cities having a free- holders' charter, adopted under the provisions of section 8 of article 11 of the constitution, and having in such charter provision for the recall of elective officials by the electors. Repeal of former law. § 3. Section one (1) of an .^ct entitled "An act adding three new sections to an act entitled 'An act to provide for the organization, incor- poration and government of municipal corporations,' approved March 13, 1883, to be numbered 10, 11 and 12 and relating to the government of municipal corporations and providing for the recall, initiative and ref- erendum," and approved March l-±th, 1911, is hereby repealed. TITLE 359. OIL. ACT 2558. An act to require private corporations, individuals or association of in- dividuals to procure licenses to permit them to continue to maintain pipe-lines already constructed for the transportation of crude oil, petroleum or any of the products thereof, for any distance what- soever across, along, over or under any public highway or public road, which are intended to be used in whole or in part for such purpose for an aggregate distance of thirty-five or more miles, con- 1615 OIL. Act 2558, §§1,2 tinuously or otherwise, and which pipe-lines are operated other than as common carriers; and prohibiting the construction of any more such lines for such purposes for any distance whatsoever across, along, over or under any public highway or any public road; and providing for the issuance of such licenses; and fixing fees to be paid for and under such licenses, and estalDlishing liens to secure same; and fixing penalties for violations of this act; and authoriz- ing certain proceedings by and before the railroad commission in connection therewith; and authorizing certain court proceedings in connection therewith. [Approved June 4, 1913. Stats. 1913, p. 532.] Oil pipe-lines required to secure license to continue operating. § 1. Every private corporation, individual or association of individ- uals owning, operating, managing or controlling, either directly or in- 'lireetly, or participating, either directly or indirectly, 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 trans- portation 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 re- finery or refineries, or to any distributing point or points, or to any marketing point or points, or to the vicinity of any thereof for an aggre- gate 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 required 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 products thereof through any part of such pipe-line or pipe-lines for any distance whatsoever across, along, over or under any public high- way, or public road, to procure a license from the secretary of state as liereinafter provided, permitting it, him or them to continue, or to com- mence and continue, to transport and engage in the business of trans- porting 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. Secretary of state may issue license. Fee. § 2. The secretary of state is hereby authorized to issue licenses per- mitting private corporations, individuals or association of individuals to continue to own, operate, manage or control^ any pipe-line or pipe- lines already constructed and now being maintained for the transporta- Act 2558, §§ 3-5 general laws. 1616 tion of crude oil, petroleum or any of its products, otherwise than as a common carrier across, along, over or under any public highway or pub- lic 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 dis- tance 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 enacted in relation to this subject by the legislature of California; provided, 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. Future construction limited to common carriers. § 3. The construction hereafter of any pipe-line or pipe-lines intended for the transportatio*n 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 declared to be contrary to public policy and is hereby expressly prohibited. Application for license. § 4. The license herein provided for shall not be issued by the sec- retary of state unless and until a written application therefor shall first be filed with him by the private corporation, individual or associa- tion of individuals desiring to procure the same, which shall describe in a general way the pipe-line or pipe-lines for the maintenance and oper- ation 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 under any public highway or public road and the approximate distance thereof in each instance, and which written application shall also set forth the name of the private corpora- tion, individual or association of individuals owning, operating, man- aging or controlling, 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. Monthly report of oil carried. Subscribed by licensee. Fee, fifty cents per barrel. § 5. Every private corporation, individual or association of indi- viduals required to procure the license hereinbefore provided for shall 1617 OIL. Act 2558, § 6 file with the railroad commission of the state of California on or before the tenth day of each calendar month, including and following the sec- ond 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 tlirough each and every such pipe-line so constructed, operated or main- tained for any distance whatsoever across, along, over or under any pub- lic highway or any public road within this state during the preceding cal- endar 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 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 determining 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 ex- amine 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 secretary 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 fifty 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. The 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. Eailroad commission may examine into correctness of report. Revoca- tion of license. § 6. Whenever the railroad 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 commission the books and vouchers from which he secured the information set forth in said report, and may examine him under oath, and may subpoena such other witnesses and hear such other tes- timony 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 secre- tary of state its finding of the number of such barrels, and thereupon there shall immediately become due and payable to the people of the 102 Act 2558, §§7, 8 general laws. 1618 state of California, at the oflBce of and through the secretary of state, the sum of fifty cents ($.50) for each such barrel of such crude oil, petroleum 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, 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 commission, 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 manner 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. Penalty. § 7. Every individual and every member of any association of indi- viduals, and every ofiicer, agent, attorney or employee of any private corporation, who knowingly and willfully violates or fails to comply with, or who knowingly and willfully aids and abets any violation of any pro- vision 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 commission, or who knowingly or willfully procures, aids or abets any failure to ob- serve, obey and comply therewith, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. Action against companies failing to take out license. Service of peti- tion. Final judgment. Appeal. § 8. Whenever the railroad commission shall entertain the belief that any private corporation, individual 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 pro- vided for, or has or is about to construct any pipe-line for the trans- portation 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 1619 OIL. Act2558, §§9, 10 be so constructed, for any distance whatsoever, across, along, ovev 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 construct 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 proceeding shall be brought in the name of the people of the state of California for the purpose of having such violation or threatened violation of the provisions of this act stopped and prevented by mandamus, injunction or other appropriate remedy, and for the purpose of recovering a judg- ment for such damages as may have been incurred by the people of the state of California for such violation or threatened violation of the pro- visions of this act. It shall thereupon become the duty of the court to specify a time not exceeding twenty days after the service of tlie copy of the petition in which the private corporation, individual or association of individuals complained of must answer 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 corporation 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 dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made per- petual 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. Failure to pay license fees. § 9. 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. License fee lien on pipe-line. § 10. The license fee, and each installment thereof, in this act pro- vided 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 Act 2559, § 1 GENERAL LAWS. 1620 plant and equipment used in connection 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 payable; and sxich 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 seme is or can be made applicable hereto. Licensee exempt from monthly fees. § 11. 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 busi- ness 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. Constitutionality of act. § 12. 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, subsections, sentences, clauses or phrases be de- clared unconstitutional. ACT 2559. An act declaring certain corporations, individuals or association of indi- viduals engaged, directly or indirectly, in the transportation of crude oil or petroleum or the products thereof, for hire or otherwise, to be common carriers and public utilities and subject to the provisions of the act known as the public utilities act of the state of California, approved December 23, 1911. [Approved June 4, 1913. Stats. 1913, p. 657.] Companies owning, etc., oil pipe-lines declared common carriers. § 1. 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 California 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 1621 om. Act 2559, § 2 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 cofistructed 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 indirectly, 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 public, for hire or otherwise, of crude oil, petroleum or products thereof, and which said pipe-line, or pipe-lines, or plant or equipment, or sj'stem, 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 in- directly, or participating in the ownership, use, operation, management or control, directly or indirectly, under lease, contract of purchase, agree- ment to buy and sell, or other contractual or tacit agreement or arrange- ment, 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 transporta- tion 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 center or reshipping point therefor within said state, whereby, or under, or through which, directly or indirectly, such corporation, or any corporation or association of cor- porations, or individual or association of individuals secures, or is en- abled 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 provi- sions of the act known as the "Public Utilities Act," approved December 23, 1911. Companies engaging in transportation of crude oil, etc., declared common carriers. § 2. 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, di- rectly 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 maintained for the transportation of crude oil, petroleum Act 2560, § 1 GENERAL LAWS. 1622 or the products thereof, actually engaged or engaging in suet operation or transportation, 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 Utili- ties Act" of the state of California, approved December 23, 1911. Pipe-lines declared public utilities. § 3. Any pipe-line constructed, acquired, owned, operated, maintained, managed or controlled by any private corporation or individual or asso- ciation of individuals for any of the purposes or under any of the con- ditions 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 Utili- ties Act" of the state of California, approved December 23, 1911. Constitutionality of act. § 4. 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, irresi>ective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be de- clared unconstitutional. Not applicable to certain companies. § 5. 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 the public needs no use in the same, and the conduct of the same is not a matter of public conse- quence. ACT 2560, An act to declare certain contracts, combinations, arrangements and con- spiracies between common carrier railroads and pipe-lines for the transportation of crude oil, and pipe-lines constructed for the trans- portation of crude oil, petroleum or the products thereof, to be in restraint of trade and unfair practices, contrary to public policy as tending to monopoly, and requiring such pipe-lines to either become common carriers and public utilities or to procure license and pay fees, and fixing penalties for violations and authorizing certain court proceedings. [Approved June 4, 1913. Stats. 1913, p. 523.] Certain contracts between oil pipe-lines and railroads declared illegal. § 1. Any and every contract, combination in form of trust or other- wise, or arrangement "of any kind, implied, tacit or otherwise, or con- spiracy 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 1623 OIL. Act 2560, § 2 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 otherwise, to any refinery or refineries of crude oil or petroleum or any of the products thereof, or to or through any selling, marketing, consuming or shipping points or the vicinity of any thereof, for such crude oil or p>ctroleum 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 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 ac- complished 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 purchase, sale or transportation of such crude oil, petroleum or any of the prod- ucts thereof, or is enabled to secure, or attempts to secure any unrea- sonable 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. Facts upon which courts must declare contracts in unreasonable restraint of trade. §.2. In any and every action 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 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 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 that said oil pipe-line is owned or controlled, either directly or in- directly, by said common carrier railroad, or that such oil pipe-line and such common 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 products thereof, or of purchasing and transporting the same, or any thereof, or of purchas- ing, transporting and refining the same, or any thereof, for sale, or of pro- ducing, transporting and reselling the same, or any thereof, or of producing, transporting and defining the same for sale from its own or leased ground, or otherwise, or of producing and transporting the same, or Act 2560, § 3 GENERAL LAWS. 1624 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 prac- tically the same initial shipping, and the refining, selling, marketing, re- shipping 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 competi- tion in such transportation 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 monopoly of the trans- portation 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 con- tract, combination, arrangement or conspiracy, in restraint of trade, and an unreasonable control or monopoly of the purchase, sale or transporta- tion 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. Facts upon which courts must declare contracts in unreasonable restraint of trade. § 3. In any and every action 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 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 railroad, continuously or otherwise, for a distance of five 1625 om. Act 2560, §3 or more miles in tie aggregate, with the permission, allowance or eon- sent, 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, 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 car- rier railroad with the railroad commission of California, or that the rates, or any of them, published, fixed or charged by such common carrier rail- road for such transportation of the same, or any of the same, are suffi- ciently 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 carrier railroad and such oil pipe-line, or to re- strain 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 along or in conjunction with other oil pipe-lines, to restrain competition in the sale or the purchase of such crude oil, petro- leum 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 eon- junction 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 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 de- clared 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, combina- tion, 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 re- straint on or over competition and trade in the purchase, sale or trans- portation of such crude oil, petroleum or some of the products thereof, and the same shall and must be deemed illegal. Act 2560, §§4-7 general laws. , 1626 "Unreasonable" defined. § 4. The term "unreasonable" wherever used in this act means -vrhere the nature and extent of the control 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 any wise hinders such use. Penalty. § 5. 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 misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment not exceeding one year, or by both said punishments in the discretion of the court. Jurisdiction in superior courts. Proceedings in eciuity. Temporary re- straining order. § 6. 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 respec- tive counties and in their respective cities and counties, under the direc- tion of the attorney general of the state of California, to institute proceedings in equity to prevent and restrain such violations. Such pro- ceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otlierwise 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 unlawful 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 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. Person injured may recover damages. § 7. Any person who shall be injured in his business or property by any other person or corporation or association of persons b}' reason of any- thing forbidden or declared to be unlawful by this act, ma^- 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 1627 OIL. Act 2560, §§ 8-12 resides, or in wMch such unlawful act, or any overt act in pursuance of such unlawful contract, combination or conspiracy was committed, or in which the defendant, or any one of the defendants, has his or its prin- cipal 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. "Person" defined. § 8. That the word "person" wherever used in this act shall be deemed to include corporations and associations existing under, or authorized by the laws of either the United States or the state of California, or any of the territories, or of any state or of any foreign country. "Common carrier railroad" defined. § 9. That the words "common carrier railroad" wherever used in this act, when the context so permits, shall be deemed to include any corpora- tion, individual or association of individuals, either directly or indirectly owning, operating, managiijg or controlling, or participating, either di- rectly 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. "Oil pipe-line" defined. § 10. That the words "oil pipe-line" wherever used in this act, when the context so permits, shall be deemed to include any private corporation, individual or association of individuals, either directly or indirectly own- ing, operating, managing or controlling any pipe-line or any part of any pipe-line for the transportation of crude oil, petroleum or any of the prod- ucts thereof, or participating, either directly or indirectly, in the owner- ship, 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. That the term "oil pipe-line" wherever used in this act, when the context so permits, also includes 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. Oil pipe-lines adjudged illegal may resume operation on complying with certain conditions. license from secretary of state. § 12. 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 con- ditions which are declared 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 oj)eration is continued, and within thirty days after this act goes into eflVct, either file with the railroad commission of the state of California its written consent to transport Act2560, §§ 13, 14 general laws. 1628 cnide oil, petroleum or the products thereof for hire to and for the pub- lic 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 pro- cure 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 sub- ject 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 nothing contained in this act shall be construed to author- ize 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 denounced 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 unlawfully 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. Facts set forth in application. § 13. 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, otherwise than as a common carrier, shall describe in a general way the oil pipe-line for -the continued 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 main- tained, and the aggregate number of miles thereof in each of such coun- ties, and as nearly as may be, the places at which such oil pipe-line is constructed or maintained over and along the right of way of such common 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 owning, operating, managing or controlling, either directly or indirectly, such oil pipe-line and each and every part thereof. Authority of secretary of state to issue license. § li. 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 \ 1629 OIL. Act2560, §§15, 16 issued by tlie secretary of state shall describe such oil pipe-line as the same is described in such application so filed with said railroad commis- sion. At the time of procuring such license, the sum of two hundred fifty dollars ($250) must be paid to the secretary of state by such licensee. Monthly report of oil transported. Fifty cents per barrel due state. § 15. Every oil pipe-line required to procure the license hereinbefore provided for shall file with the railroad' commission of the state of Cali- fornia on or before the tenth day of each calendar month, including and following the second calendar month after this act goes into effect, and in such form as said railroad commission shall require, a full, true and correct report showing the number of barrels (forty-two gallons to the barrel) of crude oil, petroleum or any of the products thereof which were transported through such pipe-line, or any part thereof, during the pre- ceding calendar month. Such report shall be subscribed by such licensee or by its, his or their agent duly appointed in writing for such purpose, and shall be accompanied by the affidavit of such subscriber stating in substance and effect that he knows the contents thereof, and that he has had free access to the books and vouchers of such licensee relating to the same for the purpose of determining the truth of the statements con- tained therein, and that such statements, and each and all thereof are true according to his best information and belief. Said railroad com- mission shall examine said sworn report, and if it shall have no reason to doubt the correctness of the same, shall, within not less than ten days thereafter, certify it to the secretary of state, and thereupon there shall immediately become due and payable to the people of the state of Cali- fornia at the office of the secretary of state, the sum of fifty cents ($.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 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. Railroad commission may examine witnesses, etc., as to correctness of report. Revocation of license. § 16. Whenever the railroad commission shall entertain any doubt of the correctness of such repoTt so filed with it, said railroad commission may subpoena the subscriber of such sworn report, and require him to bring before the said commission the books and vouchers from which he secured the information 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 anil determine 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 ])ipe-line, and shall thereupon certify to the secretary of state its finding of the number of such barrels, and thereupon Act 2560, §§ 17-19 general laws. 1630 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 commission may revoke the license of such licensee if, upon such hearing, it finds that any material statement con- tained in such sworn report is false, and that such falsity was known to Buch licensee at the time such report was filed with said railroad com- mission, 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 thereupon direct the secretary of state to revoke such licen?e and prohibit 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 revoked. Penalty. § 17. Every oil pipe-line, and every agent, attorney or employee of the same who knowingly 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 re- quirement, or any part or provision thereof, of the said railroad commis- sion, or who knowingly or willfully procures, aids or abets any failure to observe, obey or comply therewith, is guilty of a misdemeanor and is punishable by a fine not exceerling five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. Failure to pay license fees. § 18. Any failure on the part of any licensee to pay within twenty (20) days after the same becomes due, the license fees or any portion thereof as required by and provided in the provisions of this act, shall operate to forfeit, ipso .facto, such license, and to deprive such licensee of the right to continue to so transport, otherwise than as a common carrier, any crude oil, petroleum or any of the products thereof through such oil pipe-line. Fees due become lien on oil pipe-line. § 19. The license fee, and each installment thereof, in this act pro- vided for, upon the same becoming due, as herein provided, is hereby declared to be a lien upon the whole of the oil pipe-line, for the privilege of maintaining and operating which said license is procured, as described in the application for such license, from the time that such license fee, and each installment thereof becomes due and paj'able; and such lien shall 1631 OPTOMETRY. Acts 2573, 2574 be enforceable in the same way that tax liens in the state of California are enforceable, and by the same procedure in so far as the same is or can be made applicable hereto. Licensees exempt from monthly license fees. § 20. Any and every licensee under this act who pays a license fee of not less than fifty cents ($.50) per barrel of forty-two (42) gallons each, to the state of California under any other law of this state for the privilege of transporting or of engaging, either directly or indirectly, in the busi- ness 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. Constitutionality of act. § 21. 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, sub- section, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. TITLE 362. OPTOMETBY. ACT 2573. An act to regulate the practice of optometry and for the appointment of a board of examiners in the matter of said regulation. [Approved March 20, 1903. Stats. 1903, p. 285.] Amended 1907, p. 63; 1909. p. 775. Repealed June 16, 1913 (Stats. 1913, p. 1103). See Act 2574, post. ACT 2574. An act to regulate the practice of optometry; to provide for the appoint- ment of a board of optometry, define its duties and powers and pre- scribing a penalty for the violation of this act. [Approved June 16, 1913. Stats. 1913, p. 1097.] Optometrists must register. § 1. It shall be unlawful for any person to engage in the practice of optometry or to display a sign or' in any other way advertise or hold himself out as an optician or optometrist without having first obtained a certificate of registration from the state board of optometry as pro- vided for in this act or under the provisions of a certain act entitled "An act to regulate the practice of optometry and for the appointment of a board of examiners in the matter of said regulation," approved March 20, 1903, and acts amendatory thereof. Act 2574, §§2^ GENERAL LAWS. 1632 Optometry defined. § 2. The practice of optometry is hereby defined to be the employment of any means other than the use of drugs for the measurement of the powers or range of human vision or the determination of the accommoda- tive and refractive states of the human eye or the scope of its functions in general or the adaptation of lenses or frames for the aid thereof. Board of optometry created. Term. Persons not eligible. § 3. A board is hereby created to be known as the state board of optometry which shall consist of three members appointed by the gov- ernor. No person shall be eligible to appointment who is not a registered optometrist of the state of California and actually engaged in the prac- tice of optometry at the time of such appointment. Each of the members shall hold office for a term of six years or until his successor is appointed and qualified and shall be so classified that one member of said board shall retire every two years. The present members of the California state board of examiners in optometry appointed under the provisions of the act in section number 1 hereof referred to, shall continue to serve and act as members of the state board of optonietr}', but under the provisions of this act during their respective terms or until their successors are appointed and qualified. No person shall be eligible to membership in the said state board of optometry who shall be a stockholder in, or owner of, or a member of the faculty of or of the board of trustees of any school of optometry' or who shall be financially interested directly or indirectly in any concern manufacturing or dealing in optical supplies at wholesale. No member of the board shall be financially interested in any purchase or contract in which the board is interested. No member of the board shall be financially interested in the sale of any propertj' or optical sup- plies to any prospective candidate for examination before the board. Powers and duties. § 4. The powers and duties of the said state board of examiners in optometry shall be as follows: Organize board. 1. To organize and elect from their members a president and secretary of said board who shall hold office for one year or until the election and qualification of a successor; to adopt and use a common seal, and estab- lish a permanent office. The secretary of the said board before entering into the discharge of his duties shall execute a good and sufficient bond to the state of California in the sum of one thousand dollars conditioned for the faithful performance of his duties as such secretary. He shall receive all fees and moneys paid to the board; keep all the records of the board and discharge such other duties as the board shall from time to time prescribe. Make disbursements. Year-book. Compensation. 2. To make all necessary disbursements to carry out the provisions of this act, but only upon the signature of the president and secretary of 1633 OPTOMETRY. Act 2574, § 4 the said board and only from the state optometry fund, including pay- ment for the bond of the secretary of said board; payment for stationery supplies; necessary optical instruments to be used in the conduct of ex- aminations which shall be the property of the state; the printing and cir- culating to all optometrists in the state, once a year, a year-book con- taining the names and addresses of all optometrists in this state; a per diem of ten dollars for each member of the said board for each day actu- ally spent in the performance of his duties as such, and mileage of five cents per mile for all distances necessarily traveled in going to and coming from the meetings of said board, in full compensation for all services; per diems shall not exceed one for any calendar day and shall not exceed two in any one calendar month, except that in months when examinations are being held per diems may be allowed for not to exceed six days in any such month. Additional compensation may be allowed the secretary not to exceed fifty dollars per month. Prosecute violators. 3. To employ agents, attorneys and inspectors to secure evidence of, report on, and prosecute to conviction all violations of this act and to employ other necessary assistants in the carrying out of the provisions of this act. No state officer shall be eligible to employment by the board. Meetings. 4. To hold regular meetings at least twice a year at which an examina- tion of applicants for certificates of registration shall be held at such places as the board shall from time to time designate and special meetings upon request of a majority of the members of said board or upon the call of the president. Record of proceedings. 5. To keep an accurate record of all the proceedings of the board and of all its meetings, of all receipts and disbursements with vouchers for all disbursements, and of all prosecutions for violations of this act, and of all examinations held for applicants for certificates of registration with the names and addresses of all persons taking examinations and their success or failure to pass such examinations. To keep an accurate inventory of all property of the board and of the state in the possession of the board and to obtain a receipt therefor from its successor. All the records of the board shall be public and shall be kept in the office of the board. Visit schools. G. To visit and examine public schools wherein the science of optometry is taught in this state and accredit such public schools as shall have been found by such board to give a sufficient course of study for the prepara- tion of optometrists. 103 Act 2574, § 5 GENERAL LAWS. 1634 Keep register. 7. To keep a register of optometrists which shall contain the names and addresses of all persons to whom certificates of registration have been issued in the state of California, together with the date of the issuance of such certificates and the place or places of business in which each optometrist is engaged, and all renewals, revocations and suspensions thereof. Grant, etc., certificates. 8. To grant or refuse to grant certificates of registration as herein pro- vided and to revoke the certificate of registration of any optometrist for any of the causes specified in section 11 hereof. Administer oaths and take testimony. 9. To administer oaths and take testimony upon granting and revoking or suspending any certificate of registration. Make rules. 10. To make rules for the procedure of the board and for the conduct and government of applicants for certificates of registration as optome- trists not inconsistent with the provisions of this act. Reports. 11. To report to the governor annually on the first Monday in January in each year giving an accurate account of the work of the board during the preceding year with a statement of all moneys received and paid out pursuant to this act. Application for registration. Fee. Public schools defined. § 5. Any person over the age of legal majority desiring to engage in the practice of optometry in this state may file an application duly veri- fied by his oath for an examination before said board or for a certificate of registration without examination as hereinafter provided, such applica- tion to be filed with the secretary of said board at least two weeks prior to the date of any meeting at which an examination is to be held and shall set forth the following: (a) The name, age, and address of the applicant. (b) The name of the optometry school attended, if any, and for what period of time such school was attended by the applicant. (c) The previous experience, if any, of the applicant in the practice or in assisting in the practice of optometry. (d) A statement of the previous examinations, if anj-, taken before the board and the dates of such examinations. Such ap]ilication shall be accompanied by a fee of twenty dollars. In case an applicant for a certificate of registration has attended a public school of optometry, accredited as provided in section 4, subdivision 6 of this act, and shall accompany his application with a certificate from such accredited school acknowledged before an ofiicer authorized to take ac- 1635 OPTOMETRY. Act 2574, §§ 6, 7 knowledgments, showing the applicant to have successfully completed one year's work in such school, the board shall issue to him a certificate en- titling him to practice optometry in the state of California without examination. Public schools within the meaning of this act are schools maintained as part of the public school system of the state by public funds, and fur- nishing free instruction, and none other. Exajninations twice a year. Successful applicants registered. § 6. Examinations shall be held and given by the board at least twice a year at such time and place as the board may from time to time fix and designate at least one month prior to the date of such examination; provided, however, tha,t one of such examinations shall be held in the city and county of San Francisco commencing with the third Monday in March of each year, and the other in the city of Los Angeles commencing with the third Monday in September of each year. At such examinations the board shall examine applicants in the anatomy of the eye, in normal and abnormal refractive and accommodative and muscular conditions and co-ordination of the eye, in subjective and objective optometry, including the fitting of glasses, the principles of lens grinding and frame adjusting, and in such other subjects as pertain to the science and practice of optometry, such subjects to be enumerated in publication by the board. In case of failure, the applicant shall be examined at the next examina- tion only in the subjects in which he failed. All such applicants without discrimination, who shall satisfactorily pass such examination shall there- upon be registered in the board's register of optometrists and a certificate of registration shall be issued to them, under the seal and signature of the members of said board upon payment of a fee of five dollars. Such certificate shall continue in force until the first day of August in the year next succeeding. Notice to board of place where practicing. Annual fee. Receipt to customer. § 7. Before engaging in the practice of optometry it shall be the duty of each registered optometrist to notify the board in writing of the place or places where he is to engage or intends to engage in the practice of optometry and of any changes in his place of business, and any notice re- quired to be given by the board to any registered optometrist may be given by mailing to such address through the United States mail, post- paid. Each registered optometrist shall annually on or before the first' day of August of each year pay to the secretary of said board a fee of two dollars for a renewal of his registration certificate and shall keep such certificate conspicuously posted in his office or place of business at all times; a period of thirty days' grace shall be allowed after the first of August, during which registration certificates may be renewed on payment of the fee of five dollars. Any registered optometrist who shall tempo- rarily practice optometry outside or away from his regular registered place Act 2574, §§8-10 general laws. 1636 of business shall deliver to each customer or person there fitted or sup- plied with glasses a receipt which shall contain his signature and show his permanent registered place of business and the number of his certifi- cate, together with a specification of the lenses furnished and the amount charged therefor. Certificates filed with comity clerk. Failure forfeits certificate. § 8. All recipients of said certificate of registration shall present the same for filing to the clerk of the county in which they reside, and shall pay a fee of fifty cents to the clerk for recording the same. Said clerk shall record said certificate in a book to be provided by him for that pur- pose. Any person so licensed removing his residence from one county to another in this state, shall, before engaging in the practice of optometry in such other county, obtain from the clerk of the county in which said certificate of registration is recorded a certified copy of such certificate of registration, and shall before commencing practice in such county, file the same for record with the clerk of the county to which he removes and pay the clerk of said county for recording the same a fee of fifty cents. Any failure, neglect or refusal on the part of any person holding such certifi- cate of registration, or certified copy of such certificate of registration, to record the same as hereinabove provided, for six months after the issu- ance of said certificate of registration, or from the date or removal of resi- dence shall ipso facto work the forfeiture of his certificate of registration, and it shall not be restored except upon the payment of twenty-five dol- lars to the California state board of examiners in optometry. Penalty. Disposition of fines. § 9. Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars nor more than two hundred and fifty dollars or by imprisonment for not less than one month or more than three months for the first offense and for the second offense by a fine of not less than two hundred and fifty dollars nor more than one thousand dollars or by imprisonment in the county jail for not less than six months nor more than one year. All fines and forfeitures collected or received for violations of or in prosecutions under this act shall be paid one-half to the state treasurer for the benefit of the state optometry fund without demand and one-half to the school fund of the city or county where the prosecution is had. In any prosecution for a violation of section 1, hereof the use of test cards, test lenses, or of trial frames shall be prima facie evidence of the practice of optometry. Trial frames and test lenses within the meaning of this act shall be any frame or lens used in testing the eye which is not sold and not for sale to customers. Persons not affected by act. § 10. The provisions of this act shall not be construed to prevent duly licensed physicians and surgeons from treating or fitting glasses to the human eye; nor to prohibit the sale of complete ready-to-wear eyeglasses 1637 OPTOMETRY. Act 2574, §§ 101/2, 11 as merchandise from a permanent place of business in good faith and not in evasion of this act by any person not holding himself out as compe- tent to examine and prescribe for the human eye. Unlawful to sell, etc., certificates of registration. § 101/2- It shall be unlawful for any person; 1. To sell or barter, or offer to sell or barter any certificate of registra- tion issued by the state board of optometry; or 2. To purchase or procure by barter any such certificate of registration with intent to use the same as evidence of the holder's qualification to practice optometry; or 3. To alter with fraudulent intent in any material regard such certifi- cate of registration; or 4. To use or attempt to use any such certificate of registration which has been purchased, fraudulently issued, counterfeited or materially al- tered as a valid certificate of registration; or 5. To practice optometry under a false or assumed name; or 6. To willfully make any false statement in a material regard in an application for an examination before the state board of optometry or for a certificate of registration; or 7. To practice optometry in the state of California without having at the time of so doing a valid unrevoked certificate of registration as an optometrist; or 8. To advertise by displaying a sign or otherwise or hold himself out to be an optometrist or optician without having at the time of so doing a valid unrevoked certificate of registration from the said state board of optometry. Grounds for revoking certificates. Unprofessional conduct, § 11. Any person registered as provided for in this act may have his certificate of registration revoked or suspended for a fixed period by the state board of optometry for any of the following causes: 1. His conviction of a felony or misdemeanor involving moral tur- pitude, in which case the record of conviction, or a certified copy thereof certified by the clerk of the court, or by the judge in whose court the conviction "is had, shall be conclusive evidence of such conviction. 2. When his certificate of registration has been secured by fraud or deceit practiced upon the board. 3. For unprofessional conduct, or for gross ignorance or inefliciency in his profession. Unprofessional conduct shall mean employing what are known as "cappers" or "steerers" to obtain business; the obtaining of any fee by fraud or misrepresentation; employing, directly or indirectly any suspended or unlicensed optician or optometrist to perform any work covered by this act; the advertising of optical business or treatment or advice in which untruthful, improbable, or impossible statements are made; the use in advertising of the expression "eye s[ieci;ilist" in connec- tion with the name of such o|>tonietrist, unless the person using the same Act 2574, §§ 12-15 general laws. 1638 is a regularly licensed physician and surgeon under the laws of this state; or habitual intemperance, or gross immorality, or shall permit an- other to use his certificate. 4. Who shall send a solicitor from house to house or who shall solicit from house to house. 5. When the holder is suffering from a contagious or infectious disease. 6. For any violation of the provisions of this act. Notice before revoking. Setting aside revocation. § 12. Before any certificate shall be so revoked or suspended, the holder thereof shall have notice in writing of the charge or charges against him and at a date specified in said notice at least five days after the service thereof, be given a public hearing and have an opportunity to produce testimony in his favor, and to confront t'he witness against him. The revocation or suspension of any license revoked or suspended for any of the above causes except those specified in 1 and 2 of section 11 may be set aside upon application of the person whose license has been revoked at any time within six months from the date of such revocation upon proof being made to the satisfaction of said board that the cause of said revocation no longer exists and that the applicant has been suffi- ciently punished. Before setting aside the revocation of any certificate the board may in its discretion require the applicant to pass the regular examination given for applicants for certificates of registration. Payment of money into state treasury. Optometry fund. § 13. It shall be the duty of the secretar\^ as soon as this act takes effect, to pay into the state treasury all moneys then in his possession or standing to the credit of the state board of optometry, and thereafter he shall, within ten days after the beginning of each month, report to the state controller all collections of fees and all other receipts for the pre- ceding month, and at the same time he shall pay all such amounts into the state treasury. All such moneys shall be placed in a fund to be known as the state optometry fund, which fund is hereby created, and which shall be for the uses of the state board of optometry, claims thereon to be audited and paid in the usual manner. (An amount not to exceed three hundred dollars may be drawn from the fund herein created to be used as a revolving fund where cash advances are necessary; but ex- penditures from such revolving fund must be substantiated by vouchers and itemized statements at the end of each fiscal year, or at any other time when demand therefor is made by the board of control or by the controller.) Retention of funds for private use a felony. § 14. Any member of the board who shall appropriate, retain or use for his own private use any of the funds of the board shall be guilty of a felony. Title of act. § 15. This act shall be known and may be cited as the optometry law. 1639 OVERFLOW DISTRICTS. Acts 2579-2604 Repealed. § 16. An act entitled "An act to regulate the practice of optometry - and for the appointment of a board of examiners in the matter of said regulation," approved March 20th, 1903, is hereby repealed. TITLE 363. ORANGE COUNTY. ACT 2579. An act to increase the number of judges of the superior court of the state of California, in and for the county of Orange, to provide for the appointment of an additional judge and for his compensation. [Approved June 3, 1913. Stats. 1913, p. 375.] Judges in Orange county. § 1. The number of judges of the superior court of the state of Cali- fornia, in and for the county of Orange, is hereby increased from one to two. Appointment of additional. § 2. Within ten days after the taking effect of this act the governor shall appoint one additional judge of the superior court of the state of California, in and for the county of Orange, who shall hold office until the first Monday after the first day of January, A. D. 1915. At the next general election to be held November, 1915, one judge of said court, in addition to the present number provided by law for said county, shall be elected in said county who shall be the successor of the judge ap- pointed hereunder to hold office for the term prescribed by the constitu- tion and by law. Salary. § 3. The salary of said one additional judge shall be the same in amount, and shall be paid at the same time and in the same manner as the salary of the other judge of the said superior court now authorized by law. TITLE 364. ORDINANCES. ACT 2583. Citations. App. 8/499, 500, 501, 502, 503, 504, TITLE 367a. OVERFLOW DISTRICTS. ACT 2604. An act to provide for the formation, government and control of overflow districts. [Apiiroved May 1, 1911. Stats. 1911, p. 1397.] Act 2604, §§ 1-6 GENERAL LAWS. 1640 Petition to form oveirflow district. § 1. Whenever one-half or more of the voters residing within a pro- posed district of swamp, overflow, or other lands lying within this state, one-third or more of which lands are liable to be flooded by the waters of any stream or lake, and more than one-half of said lands requiring irri- gation during a portion of the year, susceptible of one mode of irrigation and reclamation, desire to reclaim and irrigate the same, they may present to the board of supervisors of the county in which the lands or the greater part thereof are situated, at a regular meeting of the board, a petition setting forth that they propose to form an "overflow district of the same. Description of land. § 2. Such petition must contain a description of the lands by legal subdivisions, or by other boundaries, or by subdivisions shown upon a map recorded in the counties in which such lands are situated; the approxi- mate number of acres in the proposed district, and each tract, with the names (if known) of the owners thereof, and designate as unsold any lands not reduced to private ownership. Affidavit of three signers. § 3. Said petition must be accompanied by the affidavit of at least three signers thereto, showing that not less than one-third of the land is subject to overflow, and that all of the land described in the petition can either be irrigated or reclaimed, or irrigated and reclaimed by one mode of irrigation and reclamation. Certificate of county clerk. § 4. Said petition must also be accompanied by a certificate of the county clerk of the proper county, showing that the names of the signers of said petition are on the last great register of the precinct or precincts in which the proposed district is situated. Petition published two weeks before hearing. § 5. Such petition must be published for two weeks next preceding the nearing thereof in some newspaper publislied in the proposed district, or if no newspaper is published therein, then in some newspaper having a general circulation in said district, and an affidavit of such publication must be filed with said board of supervisors at or before the hearing of said petition. Order of approval. § 6. If such board of supervisors find, on hearing the petition, that its statements are correct, they must make an order approving the same and establishing the district. If it be shown that any land has been improperly included in the proposed district, they must reform the boundaries of such district according]}' in their order. The order of ap- proval must be signed by the chairman, and attested by the clerk of said board; and a copy thereof attached to the petition. 1641 OVERFLOW DISTRICTS. Act 2604, §§ 7-13 Order to be recorded. § 7. After the approval of the petition by the board of supervisors of the county in which the greater part of the district is situated, the order establishing the district, or a certified copy thereof, must be recorded in the office of the county recorder of each county, in which any portion of the lands embraced in the district are situated, in a book kept for the pur- pose of recording papers relative to overflow districts, and a certified copy thereof forwarded to the register of the state land office by the recorder of the county in which the district was formed. Freeholders appointed trustees. § 8. Said board of supervisors of said county must thereafter, upon the application of ten or more qualified voters of the district, appoint three eligible freeholders to act as trustees until their successors are elected and qualified. All counties forming part of district to be notified. § 9. When a district is situated in more than one x-ounty, the trustees must forward a certified copy of the order of the board of supervisors establishing the district, to the clerk of the board of supervisors of the counties in which any portion of the district may lie, and the board to which the same is forwarded must not allow another district to be formed within such district, or including any part thereof. Districts numbered. § 10. All districts organized under this act must have a state number, and the register upon receipt of a certified copy of the order of the board of supervisors establishing the district must number the same, and send the number to the county recorder of any county in which the district or a portion thereof is situated, and such recorder must number the records of said district in like manner, and the district must thereafter be known and designated thereby. Elections. § 11. The board of supervisors of the county in which the district was formed must call an election to be held in the district, on the second Tues- day after the first Monday in November of the even-numbered years, at wliich election must be elected three freeholders who are resident voters in said district, and who shall constitute, when elected and qualified, the board of trustees of the district. Notice of election published. § 12. Notice of such election must be published, for at least thirty days prior thereto, in a newspaper published in the district, if any newspaper is published therein, and if not, then iu some newspaper having a general circulation in the district. Voting precincts. § 13. The supervisors of each county, in which said district is wholly or partially situated, shall form at least one voting precinct in such Act 2604, §§ 14-21 general laws. 1642 district, and appoint an election board, and otherwise provide for such election in the precinct or precincts so formed. Failure of persons appointed on election board to appear. § 14. If the persons appointed on siu-h election board, or any of them, fail to attend at the time and place for election, the voters pres- ent at the time and place of opening the polls, may appoint the board, or supply the place of any absent member thereof. Members of board sworn. § 15. Each member of the board must, before entering upon his duties, be sworn to a faithful performance thereof by some officer au- thorized to administer oaths, or by any qualified elector. Canvass of votes. § 16. The board of trustees must canvass the votes and issue certifi- cates of election to the person elected, and must place the ballots when canvassed in an envelope, and forward the same to the clerk of the board of supervisors of the county in which the district is formed. Challenge of votes. § 17. Any legally qualified voter may challenge any vote, and the board of election may determine, by oath of the parties, or otherwise, as they may think proper, whether or not the person challenged is entitled to vote, and in case of challenge, either one of the board of election is hereby authorized to administer the oath. Polls open. § 18. The polls shall be opened and closed as provided by law for general elections; and the provisions of the general election laws of this state are applicable to elections provided for in this act, when no differ- ent provision is contained herein. Term of trustees. § 19. The trustees shall hold office for four years succeeding their elec- tion, except the first board elected under the provisions of this act, shall, after election, choose by lot, two of their number to hold office for a term of two years, and one for a term of four years, or until their suc- cessors are elected and qualified. Vaoancy. § 20. In case of a vacancy in the board of trustees, the supervisors of the county in which the district was formed, shall, by appointment, fill any vacancy until the next regular election. Trustees' oath. § 21. Before entering upon their duties, the trustees must take and subscribe to an oath, that they will obey the constitution of the United States, of the state of California, and the laws and statutes thereof, and 1643 OVERFLOW DISTRICTS. Act 2604, §§ 22-28 will faithfully and diligently discharge the duties of their office accord- ing to law. Bond, § 22. The trustees of any district organized under this act shall give a bond of two thousand five hundred dollars each, for the faithful per- formance of their duties, which bond must be approved by a judge of the superior court of the county in which the district was formed. Office of trustees. § 23. The board of trustees must keep an office, at some convenient place in the district, for the transaction of the business of the district, in which must be kept the books, maps, papers, records, contracts, and all other documents pertaining to the affairs of the district; they shall also keep a record and books of account of all expenditures and disbursements, and minutes of the meetings of the board, and such books, records and maps shall be open for inspection by all persons interested, at all reason- able times. Copies of papers to supervisors. § 24. The trustees must, upon the request of the board of supervisors of any county in which the district or any part thereof is situated, for- ward to said board copies of any papers in their possession belonging to said district, and any other information they may require pertaining to the business and affairs of the district. By-laws. § 25. The trustees must adopt by-laws for the government and con- trol of the affairs of the district, not otherwise provided by law. The by-laws thus adopted must be approved by the supervisors of the county or counties in which the district is situated, and thereafter filed for rec- ord with tlie county recorder of said county or counties in the book kept by him for the purpose of recording instruments and writings relative to overflow districts. Amendments. § 26. The by-laws may be amended from time to time in the same manner as the original by-laws were adopted. District deemed organized. § 27. After the by-laws are recorded, the district shall be deemed organized for all purposes, and may then sue and be sued in the courts of competent jurisdiction. Officers of board. § 28. The board of trustees shall elect one of their number president thereof; they shall have power to employ an attorney, engineer, clerk, and such other employees as may be necessary for the transaction of busi- ness and the reclamation and irrigation of the lands of the district; to Act 2604, §§29-33 general laws. 1644 modify or change such original plan or plans, adopt new and supple- mental, or additional, plans. Powers. § 29. Said board shall have power to acquire by purchase, or other- wise, necessary lands, right of way, and the right to take material for the construction of all works necessary to reclaim and irrigate the lands of the district, including drains, canals, sluices, bulkheads, water-gates, levees, pipe-lines, pumping plants, culverts, embankments and all other things necessary to construct, maintain, and keep in repair all works re- quisite and necessary to that end; and do all other acts and things neces- sary and required to properly reclaim and irrigate the lands embraced in the district. May condemn lands, etc. § 30. Whenever in their judgment it becomes necessary, the trustees may in the name of the district, or the president thereof acting in their behalf, may proceed under the provisions of title 7, part 3, of the Code of Civil Procedure, for the condemnation of any lands, or material needed by the district for right of way or for other purposes pertaining to the construction, maintenance, or repair of the works of the district, whether said land or material is outside of, or within, the limits of the district, and the title of said lands and material, whether acquired by con- demnation or otherwise, shall become vested in the district. Work done under direction of board. § 31. All work necessary for the irrigation and reclamation of the lands of the district, must be executed under the direction of, and in the manner prescribed by, the board of trustees. Surveys. § 32. Wlienever the trustees find that the surveys of the lands within the district, made by the authority of the United States land office, are incomplete, or inaccurate, they shall cause their engineer to survey, and map the boundaries of the district, and all property lines embraced therein; and after said map has been approved by the supervisors, and the county survej'or of the county or counties in which said district is situated, it shall be recorded in the office of the county recorder, in the map book of said county or counties, and shall thereafter for all purposes provided by law, become the official map of said district, and the lands embraced therein, subject to amendment or change, in the same manner as the original map was prepared and adopted. Use of water. § 33. The trustees may by provision of the by-laws allow the water supplied by the district to be used for domestic, power, irrigation, and other purposes; and they shall adopt rules and charges for the use and distribution of the same, which shall become effective when approved by 1645 OVERFLOW DISTRICTS. Act 2604, §§ 34-39 the board of supervisors of the county or counties in which the district ia situated. Warrants drawn on funds. § 34. The trustees shall draw all warrants upon the funds of the dis- trict, either in^money or bonds; after the warrants are approved by the supervisors of the county in which the district was formed, they are to be presented to the treasurer of said county and, if not paid upon pres- entation, such indorsement must be made thereon and they must be regis- tered and bear interest from the date of presentation; but no warrant shall be an indebtedness against the district until it has been approved by the board of supervisors of said county. Monthly payments into county treasury. § 35. The trustees must at the end of each month pay all money re- ceived by them for the district, from the sale of water, material, or from other sources, into the treasury of the county in which the district was formed, and the treasurer must receipt for the same and place such money to the credit of the district. Compensation of board. § 36. The several members of the board of trustees of overflowed dis- tricts shall each be entitled to receive, for actual and necessary services performed, and for expenses incurred by them respectively for and in the interest of the district, such compensation as the board shall determine to be just and reasonable for which warrants of the district may be drawn and paid in the same manner, and out of the same funds, as other war- rants of the district; after they have been approved by the board of supervisors of the county in which the district was formed. Plans of work. § 37. The board of trustees must report to the board of supervisors of the county or counties in which the district is situated, such original plan or plans of the work; and every new, supplemental, or additional plan, if any, together with the estimates of the cost of the work necessary, for the reclamation and irrigation of the lands in the district, in pursuance of such plan or plans, together with the estimates of the incidental ex- penses, supervision, repairs, and costs of collections, and such other ex- penses necessary to the construction and maintenance of said work. Lands sold subject to by-laws. § 38. The purchaser of any tract of land which may be unsold in any overflow district at the time said district was formed, takes the same sub- ject to all the provisions of such by-laws and charges assessed in pursu- ance thereof. Rights of purchaser. § 39. Such purchaser has all the rights and privileges enjoyed by orig- inal petitioners, if he pays into the county treasury of the county in Act 2604, §§40-43 general laws. 1646 ■which the district was formed, to the credit of said district, not less than twenty per cent of the principal, one year's interest at the rate of seven per cent on the remainder, and any charges assessed against the lands so purchased and remaining unpaid; and each year thereafter shall continue to pay twenty per cent of the principal and interest on the remainder until the whole of said assessment or charges have been paid. Lien on land for unpaid assessments. § 40. From the time the purchaser has acquired said land designated upon the petition as unsold, the district shall have a lien upon said land for the amount of the unpaid assessments, which lien, together with the costs, may be collected by the trustees of the district in a suit to be brought in the name of the district by said trustees at any time after said purchaser has defaulted in any of the payments provided for in sec- tion 39 of this act. Payment of interest due stat« suspended. § 41. Whenever the supervisors of any county, in which any overflow district has been formed under the provisions of this act, certify to the register of the state land office that the works of irrigation and reclama- tion are in progress, in conformity with the requirements and plans here- inbefore provided, the payment of interest due the state of California by purchasers in such district is hereby suspended; but if the works are not completed and accepted, or that not less than two dollars in money per acre has been expended on said work within five years of the date of filing the petition, the interest for the whole time must be charged and collected by the register. Works completed. § 42. Whenever the trustees certify under oath to the board of supei^ visors of the county in which the district was formed, and show to their satisfaction that the works of reclamation and irrigation are completed or that two dollars in money per acre has been expended on said works of reclamation and irrigation, the board of supervisors must certify such fact to the register. Deed issued. § 43. The register must thereupon forward to the county clerk and county treasurer of the county in which the district or any part thereof is situated, a statement showing the names of purchasers of lands in the district and the amount paid by each purchaser of swamp and overflowed land; and thereafter upon the order of the trustees of the district ap- proved by the supervisors of the county in which the district was formed, the county treasurer or such other person having custody of the purchase monej'^ of the swamp and overflowed lands lying within said district, shall pay such money to the county treasurer of the county in which the district was formed, and said money shall by him be placed to the credit of the district, and fifty cents per acre or such part thereof as has been 1647 OVERFLOW DISTRICTS. Act 2604, §§ 44-4G paid in shall by him be placed to the credit of the district, to be used in payirg the necessary expenses incurred in forming and organizing such district, and for such other expenses of the district as the trustees of the district and the board of supervisors of the county in which the dis- trict was formed may order. The remainder of the purchase price in excess of fifty cents per acre shall then be refunded to the purchaser and all further payments in excess of the fifty cents per acre before men- tioned and interest due from the purchaser as a part of the purchase price shall then be canceled and deed issued to said purchaser as though the full purchase priqe had been paid. Tax levy. § 44. The revenue of overflow districts formed under this act, other than that received from the sale of water, franchises, power, and from other sources by the trustees of the district, and approved by the board of supervisors of the county in which the district was formed, must be derived from a tax levied upon the taxable property of the district, as shown by the last assessment-roll of the county or counties in which the district or a part thereof is situated. Estimate of expenditures. § 45. The board of trustees of overflowed districts formed under this act, must on the first Monday of June of each year certify to the clerk of the board of supervisors of the county or counties in which the dis- trict or any part thereof is situated, an estimate of the expenditures necessary to conduct the business, and execute the work of the district, also the amount of interest and principal of any bonded or other in- debtedness, that will become due during the ensuing year. Statement of equalized value of taxable property. § 46. The assessor of each county in which the district is wholly or partially situated, shall each year, after the county assessments have been equalized by the state board of equalization, and prior to the time when the board of supervisors of the counties meet to levy the taxes for county purposes, certify to the board of supervisors of said county or counties, a statement of the equalized value of all taxable property within the district and situated in the county in which he is the assessor; thereupon the board of supervisors of the county or counties in which any portion of said district is situated, shall, at the time of levying taxes for county purposes, levy a tax upon the property of such district situated in said county or counties sufficient to meet ' the requirements of said district, and to pay the interest which may become due on any bonds, or other indebtedness of such district during such year, and if any portion of the principal of said bonds, or other indebtedness, shall become due during the year, an amount sufficient to pay such portion of such principal, and such other charges against such district necessary to maintain and construct the works and conduct its business, leas the amount estimated bv the trustees to be derived from the sale of water, Act 2604, §§47-51 general laws. 1648 or other sources under their control during said year; the tax must be levied upon the property of the district situated in such county or coun- ties by the board of supervisors of each county according to the ratio •which the assessed valuation of the property of said district situated in such county, bears to the total valuation of the property of the district Taxes entered on assessment-roll. § 47. All taxes so levied must be computed and entered upon the assessment-roll of the county where such property may be situated, by the county auditor, and collected by the tax collector, at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of such district- Money to be forwarded to treasurer of county in whicli district was formed. § 48. When any tax has been collected under the provisions of this act, and placed in the treasury of any county other than the one in which the district was formed, the treasurer of said county must, within thirty days after receipt of the same, forward all money in such treasury be- longing to the district, to the county treasurer of the county in which the district was formed, who shall receive and receipt for the same, and place such money in the treasury of such county to the credit of said district. No fees to officers. § 49. No assessor, tax collector, treasurer, or clerk shall receive any fee for any services required to be performed by them under the provi- sions of this act. All expenses necessarily incurred in carrying out the provisions of this act, shall be paid to the board of supervisors of the county incurring the expense, for the benefit of said county, by warrants of the district, in the same manner as other expenses of said district. liands capable of independent mode of reclamation may be set aside. § 50. If the owners of lands representing more than two-thirds of any body of lands within any overflowed district formed under this act, in which such lands have not been reclaimed or irrigated, and for which the trustees have made no provision for such reclamation and irrigation, desire to have such body of lands set over from said district, they must, in addition to the petition required for that purpose, show to the board of supervisors in which the district is formed, that said body of lands is capable of an independent mode of reclamation and irrigation, and that said body of lands could not be reclaimed and irrigated according to the plans and specifications adopted by the hoard of trustees of the district and that such segregation would not endanger or delay, or other- wise interfere with the work of irrigating and reclaiming the remainder of the district. Special election to vote bonds. § 51. Whenever in the opinion of the board of trustees of any over- flowed district, formed under this act, the cost of reclamation and irriga- 1649 OVEEPLow DISTRICTS. Act 2604, §§ 52-57 tion according to the plans thereof, will be too great to be raised by taxes as provided in this act, to be paid within one year; the board of trustees of such district shall, for the purpose of voting the necessary bonded indebtedness therefor, order a special election to be held in said district at some time and some place or places designated by them. Question submitted. § 52. At such special election there shall be submitted to the voters of said district, the question of whether or not the bonds of said district shall be issued in an amount necessary to construct said works of rec- lamation and irrigation, and which amount shall be estimated by said board of trustees and stated in the order for such election. Election called by supervisors. § 53. Said election shall be called by the supervisors of the county in which the district was formed, upon petition signed by at least two mem- bers of the board of trustees, and said election shall conform to the pro- visions of this act, relative to election, and to the election laws of the state of California, and the question whether or not bonds of said dis- tinct shall be issued in the amount named in the estimate and order of the board of trustees, for reclaiming and irrigating the lands of said district, shall be submitted to the voters thereof. Notice of election to specify time and place. § 54. The notice of such special election shall specify the time and place or places of holding such election, the amount of bonds proposed to be issued, the names of the persons to act as the board or boards of election, and the ballot shall contain the words, "Bonds — Yes" and "Bonds— No." Majority in favor. § 55. If a majority of the votes cast at such election are in favor of the bonds, the board of trustees of the district shall cause bonds, in the amount stated in the order for election, to be issued and placed in the custody of the treasurer of the county in which the district was formed. Sale of bonds. § 56. The treasurer of said county shall place the bonds issued pur- suant to this act, to the credit of said district and may at any time upon the order of the board of supervisors of said county, sell any of said bonds for the best price obtainable therefor, but in no event for less than the face value of said bonds, and the accrued interest thereon. Any money derived from the sale of such bonds by such county treasurer, shall be placed in the treasury to the credit of said district, and a proper record of such transaction be placed upon the books of such treasurer. Denomination and form. § 57. Said bonds shall be of a denomination of not less than one hun- dred dollars, and not more than one thousand^ dollars each, shall be nego- 104 Act 2604, §§ 58-63 general laws. 1650 tiable in form, signed by the board of trustees, and the chairman of the board of supervisors of the county in which the district was formed, and attested by the clerk of said board of supervisors, and the seal of such board of supervisors, and shall be numbered consecutively as issued, and bear date at the time of their issue, and shall express on their face that they were issued by authority of this act, stating its title and date of approval, and the date of election at which such issuance was authorized Interest. § 58. The bonds shall bear interest at a rate not to exceed six per cent per annum, payable semi-annually on the first day of .January and the first day of -July in each year, at the office of the county treasurer of the county in which the district was formed, or some other place allowed b}' law, and approved by the supervisors of said county and the judge or judges of the superior court thereof, upon presentation of the proper coupons therefor. Coupons. § 59. Coupons for such installment and interest shall be attached to said bonds, and shall be numbered, signed, and attested in the same manner as the bonds. Payment. § 60. The principal of said bonds shall be paid as follows, to wit. Five per cent of the whole amount of the bonds issued, according to their consecutive numbers, shall be paid ten years from the date of their issue, at the place provided for their payment, and five per cent thereof each succeeding year thereafter, until all are paid. Deemed municipal bonds. § 61. When said bonds are issued in accordance with the provisions of this act, tliey shall be deemed municipal bonds for all purposes men- tioned in the codes and statutes of this state. The principal and interest of said bonds shall be paid by revenue derived from a tax levied upon the assessable property of the district in accordance with the provisions of this act. Bonds not presented when due. § 62. If any bond shall not be presented for payment when it becomes due, it shall cease to draw interest; but if presented at such time and not paid for the want of funds, the county treasurer shall so indorse it, and thereafter such bond shall draw interest until paid at the rate spe- cified therein. Orders on treasurer to pay for labor, etc. § 63. The board of trustees of said district may draw orders upon the county treasurer of the county in which the district was formed, payable in bonds or money in proportion to the amount thereof, to pay for labor or services performed, for materials or property furnished to said dis- 1651 PAROLE COMMISSIONERS. Acts 2612-2619a • triet, for the purpose of constructing, repairing and maintaining, the reclamation and irrigation works thereof, and the contingent expense of said district, which order shall be approved by the board of supervisors of said county, and thereafter paid by said treasurer, in the manner therein provided for, if such bonds then remaining in the treasury to the credit of the district be sufficient to pay the same. Does not affect reclamation districts. § 64. Nothing in this act shall be construed as in any manner affect- ing or modifying the provision of the Political Code of the state of Cali- fornia concerning reclamation districts formed under the provisions of said code. TITLE 368a. PALO ALTO. ACT 2612 Charter of Palo Alto. [Stats. 1909, p. 1175.] Amended 1911, p. 2040. TITLE 369. PARIS GREEN. ACT 2614. An act to prevent fraud in the sale of paris green used as an insecticide. [Became a law under constitutional provision without governor's ap- proval, February 28, 1901. Stats. 1901, p. 69.] Repealed 1911, p. 1254. Although this act was repealed by the statute of May 1, 1911, Stats. 1911, p. 1248, § 19 (p. 1254), there was no mention of its repeal in the title of the act. TITLE 370. PAROLE COMMISSIONERS. ACT 2619. Au act to establish a board of parole commissioners for the parole of, and government of parole prisoners. [Approved March 23, 1893. Stats. 1893, p. 183.] Amended 1901, p. 82. Repealed June 16, 1913 (Stats. 1913, p. 1048). See post, Act 2619a. ACT 2619a. An act to establish a board of parole commissioners for the parole of, and government of paroled prisoners, and repealing an act to amend an act entitled, "An act to establish a board of parole commissioners for the parole of, and government of paroled prisoners," approved March 23, 1893. [Approved June 16, 1913. Stats. 1913, p. 1048.] Act 2620 GENKIAL LAWS. 1652 Hules governing parole. § 1. The state board of prison directors of this state shall have power to establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in any state prison, and who may have served one calendar year of the term for which he was convicted may be allowed to go upon parole outside of the buildings and inclosures, but to remain while on parole in the legal custody and under the control of the state board of prison directors, and subject at any time to be taken back within the inclosure of said prison; and full power to make and enforce such rules and regulations, to grant paroles thereunder, and to retake and imprison any convict so upon parole is hereby conferred upon said board of directors, whose written order certified by the president of said board shall be a sufficient warrant for all officers named therein to authorize such officer to return to actual custody any conditionally released or paroled prisoner, and it is hereby made the duty of all chiefs of police, marshals of cities and villages, and sheriffs of counties, and all police, prison and peace officers and constables to exelementary thereto, repealed by this act; and the judges and all other officers of any such existing police court shall severally be and act as the judges and other officers respec- tively of the police court hereby established in any such city, until their successors are elected or appointed, and qualify, as provided by law. ACT 2746. TITLE 388a. POMONA, CITY OF. Charter of. [Stats. 1911, p. 1913.] TITLE 390. PEESTON SCHOOL OF INDUSTRY. ACT 2753. To establish the Preston School of Industry, and to provide for the man- agement and maintenance of the same. [Stats. 1889, p. 100.] Amended 1893, p. 39; 1909, p. 984. Superseded 1911, p. 673, and again in 1913, p. 1305, as to the mode of commitments. See ante, Act 1770, § 31. 1685 PBESTON SCHOOL OF INDUSTRY. Act 2758, §§ 1, 2 ACT 2758. An act to authorize the supcrintenrlents of the Whittier State School >i and the Preston School of Industry to relinquish inmates from the control of either of said schools and to receive such inmates into the other of said schools and to provide for the expense of trans- ferring such inmates and for the maintenance of the inmates so transferred. [Approved April 14, 1913. Stats. 1913, p. 26. In effect immediately.] Transfer of inmates of state schools authorized. § 1. The superintendent of the Whittier State School is hereby em- powered to relinquish from his control, and the superintendent of the Preston School of Industry is hereby empowered to receive and transfer to the Preston School of Industry such number of boys committed to and confined in the Whittier State School as by mutual agreement said superintendents shall deem expedient and necessary to properly and safely house during the rebuilding of said Whittier State School. The expenses of transfer both ways shall be met out of the funds of the Whittier State School. The estimated cost of maintaining the boys so transferred to the Preston School of Industry while they remain in said school shall also be paid for out of the funds of the Whittier State School upon the approval of the board of control. A number of boys equal to the number of boys so transferred and remaining in the Pres- ton School of Industry shall be transferred to said Whittier School, as the needs and. conveniences of said school will permit, upon mutual agreement between said superintendents and application by the superintendent of said Whittier State School, and the superintendent of the Preston School of Industry is hereby empowered to relinquish from his control and the superintendent of the Whittier State School is hereby empowered to receive and transfer to the Whittier State School such boys as may be so applied for, and the number of boys so transferred shall be deducted from the number of boys for whose maintenance the Whittier State School shall pay as provided for in this act. Urgency measure; statement of facts. § 2. This act is hereby declared to be an urgency measure within the meaning of section 1 of article 4 of the constitution of the state of California, and shall take effect immediately. The following is a state- ment of the facts constituting the necessity for such urgency: The state department of engineering and experts engaged independently to in- spect the main building of the Whittier State School have dechired said building to be and the same is unsafe and unfit for human occupancy. Said building has been essential not alone to the proper conduct of the educational and other work of said institution, but also to jirovide living and sleeping quarters for the officers of said, school and about two hun- dred of the boys committed thereto. The unsafe and unfit condition of such building constitutes a menace to the life and physical well-being Acts 2772-2778a geneb^vl laws. 1686 of said officers and boys, and it is therefore deemed necessary for the immediate preservation of the public health and safety that such persons shall be at once removed from such building and that proper provision therefor should be made by law. TITLE 391. PEISONS. ACT 2772. An act to regulate and govern the operation of the rock-crushing plant at the state prison at Folsom, to provide for the sale of crushed rock, and the disposition of the revenues derived therefrom. [Approved March 11, 1897. Stats. 1897, p. 99.] Repealed June 16, 1913 (Stats. 1913, p. 1034). The repealing act contained the following: Transfer of fund. § 2. All moneys now in what is known as the revolving fund, referred to in section 7 of the above-entitled act, and all moneys in the rock- crushing fund of Folsom prison, are hereby transferred to the prison fund of the state prison at Folsom. ACT 2777a. An act appropriating money for the construction of cell buildings at the state prison at Folsom and for construction of a wall around said prison. [Approved June 7, 1913. Stats. 1913, p. 880.] Appropriation: Cell buildings, wall, Folsom prison. § 1. The sum of one hundred and thirty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated, to be used in accordance with law for the construction of cell buildings at the state prison at Folsom and for the construction of a wall around said prison. § 2. The state controller is hereby authorized and directed to draw his warrants for the amount herein appropriated in favor of the officers authorized by law to receive the same, in such amounts and at such times as may be approved by the state board of control, and the state treasurer is directed to pay the same. ACT 2778a. An act making an appropriation for the completion and construction of ad- ditional cells, walls, chapel, domestic building, and stables, at the state prison at San Quontin, the installation and equipment of an electric light and power ]>]ant at state prison, and providing for additional accommodations for the prisoners at said prison and to provide 1687 PROSTITUTION. Acts 2797, 2798 for other expenditures incidental or relating thereto. [Approved April 21, 1911. Stats. 1911, p. 1078.] The act appropriated three hundred and eighteen thousand two hundred and seventy dollars for the purpose indicated. TITLE 395. PROSTITUTION. ACT 2797. Citations. Cal. 162/249. ACT 2798. An act declaring all buildings and places nuisances wherein or upon which acts of lewdness, assignation or prostitution are held or occur or which are used for such purposes, and providing for the abatement and prevention of such nuisances by injunction and otherwise. [Approved April 7, 1913. Stats. 1913, p. 20.] Definitions. § 1. The term "person" as used in this act shall be deemed and held to mean and include individuals, corporations, associations, partner- ships, trustees, lessees, agents and assignees. The term "building," as used in this act shall be deemed and held to mean and include so much of any building or structure of any kind as is or may be entered through the same outside entrance. Place of prostitution a nuisance. § 2. Every building or place used for the purpose of lewdness, assig- nation or prostitution and every building or place wherein or upon which acts of lewdness, assignation or prostitution are held or occur, is a nui- sance which shall be enjoined, abated and prevented as hereinafter pro- vided, whether the same be a public or private nuisance. Action to abate. § 3. Whenever there is reason to believe that such nuisance is kept, maintained or exists in any county or city and county, the district at- torney of said county or city and county, in the name of the people of the state of California, must, or any citizen of the state resident within said county or city and county, in his own name may, maintain an action in equity to abate and prevent such nuisance and to perpetu- ally enjoin the person or persons conducting or maintaining the same, and the owner, lessee or agent of the building, or place, in or upon which such nuisance exists, from directly or indirectly maintaining or permitting such nuisance. Temporary writ. § 4. The complaint in such action must be verified unless filed by the district attorney. Whenever the existence of such nuisance is shown Act 2798, §§ 5--8 general laws. 1688 in such action to the satisfaction of the court or judge thereof, either by verified complaint or affidavit, the court or judge shall allow a tem- porary writ of injunction to abate and prevent the continuance or re- currence of such nuisance. Action to have precedence. Failure to prosecute. § 5. The action when brought shall have precedence over all other actions, excepting criminal proceedings, election contests and hearings on injunctions, and in such action evidence of the general reputation of the place shall be admissible for the purpose of proving the existence of said nuisance. If the complaint is filed by a citizen, it shall not be dismissed by the plaintiff or for want of prosecution except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal ordered by the court. In case of failure to prosecute any such action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any such citizen consenting thereto for such plaintiff. If the action is brought by a citizen and the court finds there was no reasonable ground or cause for said action, the costs shall be taxed against such citizen. Violation of injunction. § 6. Any violation or disobedience of either any injunction or order expressly provided for by this act shall be punished as a contempt of court bj^ a fine of not less than two hundred dollars, nor more than one thousand dollars, or by imprisonment in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment. Order of abatement. § 7. If the existence of a nuisance be established in an action as provided herein, an order of abatement shall be entered as a part of the judgment in the ca'se, which order shall direct the removal from . the building or place of all fixtures, musical instruments and movable property used in conducting, maintaining, aiding or abetting the nui- sance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and the eft'cctual closing of the build- ing or place against its use for any purpose, and so keeping it closed ' for a period of one year, unless sooner released, as hereinafter pro- vided. While such order remains in effect as to closing, such building or place shall be and remain in the custody of the court. For removing and selling the movable property, the officer shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution, and for closing the premises and- keeping them closed, a reasonable sum shall be allowed by the court. Proceeds of sale. Building may be sold. § 8. The proceeds of the sale of the property, as provided in the pre- ceding section, shall be applied as follows: 1689 PROTECTION DISTRICTS. Act 2804 1. To the fees and costs of such removal and sale; 2. To the allowances and costs of so closing and keeping closed such building or place; 3. To the payment of plaintiff's costs in such action; 4. The balance, if any, shall be paid to the owner of the property so sold. If the proceeds of such sale do not fully discharge all such costs, fees and allowances, the said building and place shall then also be sold under execution issued upon the order of the court or judge and the proceeds of such sale applied in like manner. Owner, aot guilty of contempt, may pay costs. § 9. If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees and allowances which are a lien on the building or place and files a bond in the full value of the property, to be ascertained by the court, with sureties, to be approved by the court or judge, condi- tioned that he will immediately abate any such nuisance that may exist at such building or place and prevent the same from being established or kept thereat within a period of one year thereafter, the court, or judge thereof, may, if satisfied of his good faith, order the premises closed under the order of abatement, to be delivered to said owner, and said order of abatement canceled so far as the same may relate to said property. The release of the property, under the provisions of this sec- tion, shall not release it from any judgment, lien, penalty or liability to which it may be subject by law. Fine lien on building. § 10. Whenever the owner of a building or place upon which the act or acts constituting the contempt shall have been committed, or of any interest therein has been guilty of a contempt of court and fined therefor in any proceedings under this act, such fine shall be a Hen upon such building and place to the extent of the interest of such person therein enforceable and collectible by execution issued by the order of the court. Laws repealed. § 11. All acts and parts of acts in conflict with the provisions of this act are hereby repealed; provided, that nothing herein shall be construed as repealing any law for the suppression of lewdness, assigna- tion or prostitution. TITLE 396. PROTECTION DISTRICTS. ACT 2804. An act to provide for the formation of protection districts in the various counties of this state, for the improvomont and rectification of thci channels in navigable streams and wutorcourses, for the prevention Act 2804, §§ 1, 2 GENERAL LAWS. 1690 of the overflow thereof, by widening, deepening, and straightening and otherwise improving the same, and to authorize the boards of supervisors to levy and collect assessments from the property bene- fited to pay the expenses of the same. [Approved March 27, 1895. Stats. 1895, p. 247.] Amended 1897, p. 219; 1903, p. 328; 1909, p. 807; 1911, p. 446. The amendments of 1911 are as follows: Formation of protection district. Boundaries. Hearing. § 1. Whenever the board of supervisors of any county in this state deem it proper, for the purpose of protecting property from damage, to widen, deepen, change, straighten or otherwise improve the channel of any navigable stream, watercourse or wash within the county, or to construct a new channel therefor, in whole or in part, or to erect levees, or dikes upon or along the banks thereof, or otherwise to prevent the same from overflow, or to do any one or more or all of said things, said board may, upon petition of ten land owners, setting forth the general character of the improvements desired by them, and the boundaries of the district to be benefited by such proposed improvement, and that their land is within the same, and asking for the formation of a district under this act, pass a resolution declaring their intention to form a protection district under this act. Said resolution shall describe the exterior boundaries of the proposed district, and the general character of the improvements contemplated, either of which need not be the same as those set forth in the petition, and shall fix a time and place for the hearing of the matter, not less than thirty days after the passage thereof, and direct the clerk of said board to publish a notice of the intention of the board of supervisors to form such protection district, and of the time and place fixed for the hearing, and shall designate some newspaper of general circulation, published and circulate(^ in said proposed district, or, if there' is no newspaper so published and circu- lated, then some newspaper of general circulation published and cir- culated in the county. [Amendment approved March 23, 1911; Stats. 1911, p. 446.] « Publication of notice. Copy to ea<;h owner of land. § 2. Thereupon said clerk shall cause to be published in the news- paper so designated, for a period of twenty days before the date fixed for the hearing, a notice, which notice shall be headed, "notice of inten- tion of the board of supervisors to form a protection district." Said notice shall set forth the fact of the passage of such resolution, with the date thereof, the general character of the improvements contemplated, the boundaries of the proposed district, and the time and place for the hearing, and shall state that it is proposed to assess all property em- braced in said proposed protection district, for the jiurpose of paying the damages, costs, and expenses of constructing the proposed improvements. 1691 PROTECTION DISTRICTS. Act 2804, §§ 3, 4 and the necessary expense of maintaining and repairing the said works and improvements, and shall refer to the resolution for further particu- hiis. Said clerk shall send a copy of said notice by mail, postage pre- p:iid, to each owner of land in the proposed district whose name appears ;is such on the last completed assessment-rftll of the county or counties ill which said proposed district lies, addressed to such owner at his ad- dress given on such assessment-roll, or if no address is so given, then to his last known address, or if it be not known then at the county seat of the county in which his land lies. Said clerk shall make and file in his office an affidavit of such mailing, showing the names and addresses of the persons to whom such notices were sent, which shall be prima facie evidence that said notices were mailed as herein required. Failure of the clerk to mail said notices as herein required shall not invalidate sub- sequent proceedings. [Amendment approved March 23, 1911; Stats. 1911, p. 447.] Written objections. § 3. Any person interested objecting to the formation of such pro- posed district, or to the extent thereof, may, at or before the time fixed for the hearing of the matter, file a written objection thereto, stating briefly his ground of objection, with the clerk of said board of super- visors, who shall indorse thereon the date of its reception by him, and shall at the time fixed for the hearing, place all such objections filed with him before said board of supervisors. [Amendment approved March 23, 1911; Stats. 1911, p. 447.] Supervisors to hear objections. § 4. At the time fixed for the hearing, or to which the hearing may be adjourned, the board of supervisors shall hear the objections filed, if any, and pass upon the same. Said board may, in its discretion, overrule or sustain, in whole or in part, any or all of the objections filed, and may change or alter the boundaries of such proposed district to conform to the needs of the district, provided, that they shall include therein only such land as will, in their judgment, be benefited by the proposed work or improvements, and provided, further, that if they deem it proper to include therein any territory not included in the boundaries mentioned in the resolution of intention, they shall first cause notice of their inten- tion so to do to be published and mailed to land owners in such addi- tional territory, as in case of the original notice, and shall, for that pur- pose, adjourn the hearing to some time and place to be stated in such new notice, and shall hear and pass upon any objections made by such owners as in case of other land owners in the proposed district. Said board may, in their discretion, declare such protection district formed with the boundaries designated by them and shall designate such district by name as the protection" district of county (or counties), [Amendment approved March 23, 1911; Stats. 1911, p. 447.] Act2804, §§ 6, 15 general laws. 1692 District governed by supervisors. Powers. Maps, plans, survey. § 6. Each protection district shall be governed and controlled by tbe board of supervisors of the county in which it is situated. Said board shall have power, in the nam^ of the county and in behalf of the district, to purchase, receive by donation, or acquire by condemnation any rights of way or other real or personal property necessary to carry out the pur- poses for which the district was. formed, and for that purpose all the provisions of the Code of Civil Procedure relating to eminent domain are hereby made applicable to proceedings in behalf of such district to condemn property. The said board shall also have power to employ such engineers, surveyors and others as may be necessary to survey, plan or locate, or supervise the construction or repair of, the improvements necessary to carry out the purposes for which the district was formed; to construct, maintain and keep in repair any and all improvements, and do all other things requisite or necessary to carry out the purposes of the district; and to employ the services of any person, legal or other- wise, which in the judgment of said board, may be necessary to carry out said, purposes. As soon as said district is formed, the board shall cause a survey of the contemplated improvements to be made, or adopt .a survey already made, and shall also cause a map of such survey, and plans and specifications showing such improvements in detail, to be pre-, pared, and they shall adopt such survey, maps, plans and specifications, and thereafter all such improvements shall be made in accordance with the survey, maps, plans and specifications so adopted; provided, that at any time after the adoption of said survey, map, plans and specifications, and before the commissioner's report of assessment of benefits and ftward of damages has been finally adopted and confirmed by the board, «;aid board maj- rescind their action in adopting said survey, map, plans and specifications, and may modify the same or adopt others in place thereof, in which case a new assessment shall be made, or may, by a four-fifths vote of the members thereof, abandon the contemplated im- provement and dissolve the said protection district, in which case the expenses already incurred in behalf of such district shall be a county charge. [Amendment approved March 23, 1911; Stats. 1911, p. 448.] Report. Publication of. Form of notice. § 15. The report of such commissioners and the plat accompanying it shall be filed with the clerk of the board of supervisors, and said board shall thereupon fix a time for the hearing thereof, which shall not be less than four weeks after the filing thereof, and thereupon the clerk of said board shall give notice of such hearing by publication for at least three weeks in a newspaper of general circulation published and circulated in /the said district, if such there be, or if there is no such newspaper, then in some newspaper of general circulation, published in one of the counties in which said district is situated, said newspaper to be designated by the board. Such notice shall be substantially in the following form: 1693 PROTECTION DISTRICTS. Act 280-4, § 16 Notice of the Filing of the Commissioner's Eeport of Protection District of the County of . Notice is hereby given that the commissioners of the protection district of the county of , did on the day of , 19 — , file their report of the assessment of benefits and award of damages with the clerk of the board of supervisors of said county, which said report is now on file in the office of said board of supervisors in the city of , said county, and that said report will be heard by said board at their office on the day of , 19 — , at the hour of M. Said report and the survey, map, plans and specifications of the improvements men- tioned therein are hereby referred to for further particulars. All per- sons interested are hereby required to show cause, if any they have, at the time fixed for said hearing, why such report should not be adopted ind confirmed by said board of supervisors, and the improvements therein referred to constructed. All objections shall be in writing, signed by the person objecting, and filed with the clerk of said board at or before the time above mentioned. (Signed) , Clerk of the board of supervisors of • county. [Amendment approved March 23, 1911; Stats. 1911, p. 449.] Objections to report. Action of supervisors final. § 16. Any person interested may file with the clerk of said board, at or before the time fixed for the hearing, a written objection to said re- port or any part thereof, or to the survey, map, plans, or specifications for the proposed improvements, or to the making of such proposed im- provements. At the time fixed for such hearing or at any other time to which the hearing may be adjourned, the board of supervisors shall hear all objections so filed, if any, and pass upon the same, and shall proceed to pass upon such report, and may confirm, correct or modify the same, or may take such advice in regard to the survey, map, plans and speci- fications as is authorized by section 6 of this act, or may order the com- missioners to make a new assessment, report and plat, which shall be filed, heard and acted upon in the same manner and on like notice, as in the case of an original report. The action of the board upon the report and objections thereto, and upon the survey, map, plans and specifica- tions, shall be final and conclusive as to all matters which they might have remedied or avoided; and no assessment shall be set aside, except upon such hearing, for any error, defect or informality therein or in the proceedings prior thereto, where the district has been legally formed and notice of the hearing of the report has been given as herein pre- scribed. When such report has been adopted and confirmed, said board may by order entered upon its minutes discharge said commissioners, and their authority shall thereupon cease. [Amendment approved March 23, 1911; Stats. 1911, p. 449.] Act 2804, §§ 18-27 general laws. 1G94 Special fund. Pajrments from. § 18. All moneys paid upon such assessments eitter by property own- ers or by the county or counties affected^ shall be placed in the county treasury of the county in which such protection district was organized, to the credit of a special fund to be known as the protection district improvement fund; and shall be used only to pay the expense and cost of constructing the improvements described in the survey, map, plans and specifications adopted by the board of supervisors; provided, that any surplus remaining after the construction thereof shall be paid into the current expense fund. Paj-ments from said fund shall be made upon demands prepared, presented, allowed and audited in the same manner as demands upon the funds of the county. [Amendment approved March 23, 1911; Stats. 1911, p. 450.] Protection district tax levy. § 21. The board of supervisors shall, at the time of making the levy of taxes for county purposes for each year, levy a tax upon the real es- tate in each protection district in their county suflScient in amount to raise the amount of mojiey which will be needed for the current year for maintaining and repairing the works and improvements of said district. Said tax, when levied, shall be entered upon the assessment-roll and collected in the same manner as state and county taxes. When the same is collected, it shall be placed in the treasury of the county to the creilit of the current expense fund of said district, and shall be used only for the purpose for which it was raised. Payments shall be made from said fund in the same manner as from the improvement fund of the district. [Amendment approved March 23, 1911; Stats. 1911, p. 450.] What improvements may be made. § 27. The improvements made under this act may include the widen- ing, deepening, changing and straightening of the channels of innavigable streams, watercourses or washes, the construction of new channels therefor, and the construction of levees, banks, dikes, conduits, ditches and canals for the conveyance of the waters of such streams, water- courses or washes, or for confining such streams, watercourses, or washes to their channels; and said work may be done either within or without the boundaries of the district, as may be necessary in order to properly prevent the overflow of said water and protect the land in said district for damage and secure a free outlet for such streams, watercourses and washes. [Amendment approved March 23, 1911; Stats. 1911, p. 451.] The amendatory act of 1911 also contained the following provision: § 11. This act shall take effect and be in force immediately; provided, however, that the same shall not apply to or affect any proceedings that may be pending for the organization of a protection district under the provisions of the act which is hereby amended; but, as to any proceed- ings so pending at the time this act takes effect, the provisions of said 1695 PROTECTION DISTRICTS. 'Acts 2805, 2806 act hereby amended as existing prior to this amendment shall continue in force until such district is formed, or the board of supervisors have refused to form the same. Citations. App. 13/762, 764. ACT 2805. Citations. Cal. 157/4, 5, 8, 9, 10, 12, 13, 15. ACT 2806. An act to provide for the formation, organization and government of storm-water districts, for the purpose of protecting the land therein from damage from storm water and from the waters from any in- navigable stream, watercourse, canyon or wash, or for the purpose of saving and conserving any storm, flood, or snow water for bene- ficial and useful purposes, for the construction of the necessary works of protection and conservation of such storm or f!ood waters by said district, and -for the levying of taxes and assessments to pay for the cost of constructing, repairing and maintaining such im- provements. [Approved March 13, 1909. Stats. 1909, p. 339.] Amended 1913, p. 504. The amettdments of 1913 follow: Formation of storm-water districts. Petition, owners of land. Time and place for hearing. § 1. Storm-water districts may be formed under the provisions of this act for the purpose of protecting the lands in such districts from damage from storm water, and from the waters from any innavigable stream, watercourse, canyon, or wash, or such districts may be formed for the purpose of spreading, conserving, storing, retaining or causing to percolate into the soil within such district any or all of such waters. When ten or more owners of land whose names appear as such upon the last assessment-roll, in any district of land which lies in one body and is liable to damage from storm water or from the waters of any innavi- gable stream, canyon or wash, or w^hcn such owners desire to spread, con- serve, store, retain, or cause to percolate into the soil within such district any or all of such waters, shall present a petition to the board of super- visors of the county in which said land lies, or if the same lies in more than one county, then to the board of supervisors of the county in which the greater area of such land lies, setting forth the exterior boundaries of said district and asking that the district so described be formed into a storm-water district under the provisions of this act, the said board of supervisors shall pass a resolution declaring their intention to form and organize said portion of said county or counties into a storm-water district for the purpose of protecting the lands therein from damage from storm water, and from the waters of any innavigable stream, can- yon or wash, or for the purpose of spreading, conserving, storing, retain- Act 2806, §§ 2, 8 general laws. 1696 ing or causing to percolate into the soil within snch district any or all of such waters, and describing the exterior boundaries of the district. Said resolution shall fix a time and place for the hearing of the matter, not less than thirty days after the passage thereof, and direct the clerk of said board to publish a notice of the intention of the board of super- visors to form such storm-water district, and of the time and place fixed for the hearing, and shall designate some newspaper of general circula- tion, published and circulated in said proposed storm-water district, or if there is no newspaper so published and circulated, then some news- paper of general circulation, published and circulated in each county in which any part of said proposed district is situated in which said notice is to be publishe'd. [Amendment approved June 6, 1913; Stats. 1913, p. 504.] Publication of notice. Copy of notice to each owner. Clerk's affidavit. § 2. Thereupon said clerk shall cause to be published in the news- paper or newspapers so designated, for a period of twenty days before the date fixed for the hearing, a notice, which shall be headed "Notice of intention of the board of supervisors to form a storm-water district." Said notice shall set forth the fact of the passage of such resolution with the date thereof, the boundaries of the proposed district, and the time and place for the hearing, and shall state that it is proposed to assess all property embraced in said proposed storm-water district, for the pur- pose of paying the damages, costs and expenses of constructing and re- pairing such dikes, levees, ditches, canals, reservoirs, shafts and other improvements as may be necessary to protect the land in said district from damage from storm-water and from waters of any innavigable stream, canyon or wash, or to spread, conserve, store, retain or cause to percolate into the soil within such district any or all of such waters, and the necessary expense of maintaining said district, and shall refer to the resolution for further particulars. Said clerk shall send a copy of said notice by registered mail, postage prepaid, to each owner of land in the proposed district whose name appears as such on the last assess- ment-roll of the county or counties in which said proposed district lies, addressed to such owner at his address given on such assessment-roll, or if no address is given, then at his last known address, or if it be not known then at the county seat of the county in which his land lies. Said clerk shall make and file in his office an affidavit of such mailing, showing the names and addresses of the persons to whom such notices were sent, which shall be prima facie evidence that such notices were mailed as herein required. [Amendment approved June 6, 1913; Stats. 1913, p. 505.] Powers of district. May employ engineers. Work over five hundred doUars by contract. May reject bids. § 8. Each storm-water district shall have power to sue and be sued. The trustees thereof shall have power in the name and in behalf of the district to purchase, receive by donation, or acquire by coademnatioa 1 1697 PROTECTION DISTRICTS. Act 2806, § 2i any rights of way or other real or personal property necessary to carry out the purposes for which the district was formed, and for that pur- pose all the provisions of the Code of Civil Procedure relating to emi- nent domain are hereby made applicable to proceedings by such district to condemn property. The said board of trustees shall also have power to employ such engineers, surveyors and others as may be necessary to survey, plan, or locate, or supervise the construction or repair of, the improvements necessary to carry out the purposes for which the district was formed; to construct, maintain and keep in repair any an-d all im- provements, requisite or necessary to carry out the purposes of the dis- trict; and to do any and all other acts and things necessary or required for the protection of the lands in said district from damage from storm waters and from waters of any innavigable stream, watercourse, canyon or wash; or for the spreading, conserving, storing, retaining or causing to percolate into the soil within such district any or all of such waters; and to employ the services of any person, legal or otherwise, which in the judgment of said board of trustees may be necessary to carry out said purposes. All work of construction, repair, or maintenance, the cost whereof exceeds five hundred dollars, shall be done by contract; and all contracts shall be let by the board to the lowest responsible bidder, who will give bond for the faithful performance thereof satisfactory to the board, after advertisement for bids published by their clerk for not less than ten days in some newspaper of general circulation, designated by the board and published in the county in which the district or some part thereof is situated, specifying the time and place for the opening of bids, and the particular work to be bid for; provided, however, that the board may reject all bids and readvertise, and may by unanimous action in cases of great emergency, the nature of which shall be entered on their minutes, proceed at once to replace or repair any of the works or im- provements of the district without advertisement. [Amendment ap- proved June 6, 1913; Stats. 1913, p. 505.] Kinds of improvements. § 24. The improvements made under this act may include the widen- ing, deepening and straightening of the channels of the innavigable streams, watercourses or washes, the construction of new courses there- for, and the construction of levees, banks, dikes, conduits, ditches, canals, reservoirs and the sinking of shafts, for the conveyance of storm waters of any innavigable stream, canyon or wash, or for confining such streams, watercourses or washes to their channel, or for the spreading, conserving, storing, retaining or causing to percolate into the soil within such district any or all of such waters, and said work may be done either within or without the boundaries of the district, as may be neces- sarv in order to properly protect the land in said district from damage and secure a free outlet for such streams, watercourses, washes, and storm water, or to spread, conserve, store, retain or cause to percolate 107 Acts 2815-2822 general l.^ws. 1698' into the soil within such district any such waters. [Amendment approved June 6, 1913; Stats. 1913, p. 506.] TITLE 398. PUBLIC BUILDINGS. ACT 2815. Citations. App. 18/495, 496, 497. ACT 2819. An act to provide for the selection, location, acquisition and purchase of a site or sites, in the city and county of San Francisco, state of California, for the erection, equipment and furnishing of a building or buildings, and for the improvement of the grounds thereof, for the use and occupancy of the officers and departments of the state government of the state of California maintaining headquarters in said city of San Francisco, and making an appropriation therefor. [Approved June 12, 1906. Stats. 1906, p. 18.] Repealed if the act mentioned in section 1 of Statutes of 1913, page 924, is approved by vote of the people. See § 4 of Act 2822b, post. ACT 2821. An act to enable counties to join with incorporated cities and towns within such counties in the joint construction of public buildings to be used jointly for county and municipal purposes. [Approved April 2i , 1911. Stats. 1911, p. 1164.] Supervisors and city council may construct joint public building. § 1. Whenever, in its discretion, the board of supervisors of any county determines that it is necessary that a public building for county purposes be erected within any incorporated city or town in such county, such county may join with such incorporated town or city in the joint construction and erection of such public building, and may share the cost thereof, upon such terms and conditions as may be agreed upon by such board of supervisors and the city council or other governing body of such incorporated city or town; and such joint public building may be used jointlj^ by such county and such incorporated city or town; provided, that in no event shall the county contribute more than one- half of the cost of construction of such joint public building. § 2. This act shall take effect immediately. See Act 2822, post. ACT 2822. An act to enable counties to join with incorporated cities and towns within such counties in the joint construction of public buildings to b€ used jointly for county and municipal purposes. [Approved May 29, 1913. Stats. 1913, p. 331.] 1699 PUBLIC BUILDINGS. Act 2822a, § 1 Counties may join with cities in erecting public "buildings. § 1. Whenever, in its discretion, the board of supervisors of any county determines that it is necessary that a public building for county purposes be erected by such county in any incorporated city or town in such county, and whenever in its discretion the city council, city com- mission, board of city trustees or other legislative body of such incor- porated city or town determines that it is necessary that a public build- ing be erected by and in such incorporated city or town for municipal purposes, such county and such incorporated city or town may join and each is hereby given the right to join, in the construction, erection and ownership of a public building for such county and municipal purposes in such incorporated city or town. County, not to contribute more than half cost. § 2. Said public building shall be erected on such terms and condi- tions as shall be agreed upon by said board of supervisors of such county and said city council, city commissioner, board of city trustees or other legislative body of such incorporated city or town and shall be owned and used jointly by such county and such incorporated city or town for county and municipal purposes; provided, that in no event shall the county contribute, or become liable for more than one-half of the cost of construction and maintenance of such joint public building. See Act 2821, ante. ACT 2822a. An act to provide for the issuance and sale of state bonds to create a fund for the construction, erection, equipment, completion and fur- nishing of a state building or buildings upon a lot of land in the city and county of San Francisco, to be used by the officers and de- partments of the state which are located in said city and county of San Francisco, which lot of land has been secured from the city and county of San Francisco in exchange for the lot heretofore pur- chased by the state for said purposes; and to create a sinking fund for the payment of said bonds; and defining the duties of state officers in relation thereto; and making an appropriation of one thou- sand dollars for the printing and sale of said bonds; and providing for the submission of this act to the vote of the people. [Approved June 7, 1913. Stats. 1913, p. 920.] Bonds for state building in San Francisco. Interest. When payable. Signed by governor. § 1. For the purpose of providing a fund for the payment of the indebtedness authorized to be incurred by the comniission for the con- struction, erection, equipment, completion and furnishing of a state build- ing or buildings in the city and county of San Francisco as provided in an act entitled "An act to provide for the construction, erection, equipment and furnishing of a building or buildings in the city and county of San Francisco and for the improvement of the grounds thereof Act2822a,§§ 2, 3 general laws. 1700 for the use and occupancy of the oflBcers and departments of the state government of the state of California located in said city and county of San Francisco, and repealing other acts in conflict herewith," the state treasurer shall, immediately after the issuance of the proclamation of the governor, provided for in section 10 hereof, prepare one thousand suitable bonds of the state of California in the denomination of one thousand dollars each, to be numbered from 1 to 1,000, inclusive, and to bear the date of the second day of July, 1915; the whole issue of said bonds shall not exceed the sum of one million dollars and the said bonds shall bear interest at the rate of four per cent per annum from the time of the issuance thereof, and both principal and interest shall be pa3'able in gold coin of the present standard value and they shall be payable at the office of the state treasurer at the times and in the manner follow- ing, to wit: The first twenty of said bonds shall be due and payable on the second day of July, 1916, and twenty of said bonds, in consecutive numerical order, shall be due and payable on the second day of July in each and every year thereafter until and including the second day o"f July, 1965. The interest accruing on such of said bonds as are sold shall be due and payable at the office of the state treasurer on the second day of January and on the second day of July of each year after the sale of the same; provided, that the first payment of interest shall be made on the second day of January, 1916, on so many of said bonds as may have been theretofore sold. The state treasurer shall, on the second day of July, A. D. 1965, call in, cancel and destroy all bonds not theretofore sold and issued at the date of the maturity thereof. All bonds issued shall be signed by the governor and countersigned by the state controller and shall be indorsed by the state treasurer and the said bonds shall be so signed, countersigned and indorsed by the officers who are in office on the second day of July, 1915, and each shall have the seal of the state of California stamped thereon. The said bonds so signed, countersigned, indorsed and sealed, as herein provided for, when sold, shall be and con stitute a valid and binding obligation upon the state of California, though the sale thereof be made at a date or dates after the persons so signing, countersigning or indorsing, or any of them, shall cease to be the incumbents of said office or offices. t coupons. Interest coupons shall be attached to each of said bonds so that )upons may be detached without injury to or mutilation of the Said coupons shall be consecutively numbered, and shall be signed Interest coupons. § 2. Ii such cou} bond. Saiu eoupnus sn^lIJ ue euusct-ULivcij uumucicu, auii Buaii uc ai,i;inrii hy the state treasurer. But no interest on any of said bonds shall be paid for any time which may intervene between the date of any of said bonds, and the issue and sale thexeof to a purchaser. Appropriation. § 3. The sum of one thousand dollars is hereby appropriated to pay the expenses that may be incurred by the state treasurer in the print- ing and sale of said bonds. Said amount shall be paid out of the gen- eral fund on the state controller's warrants duly drawn for that purpose. 1701 PUBLIC BUILDINGS. Act 2822a, §§ 4, 5 Sale of bonds. Notice of sale. "San Francisco state building fund." § 4. When the bonds authorized to be issued under this act shall be duly executed, they shall be sold by the state treasurer at public auction to the highest bidder for cash, in such parcels and numbers as said state treasurer shall determine; but said treasurer must reject any and all bids for said bonds or for any of them, which shall be below the par value of said bonds so offered for sale, and he may by public announce- ment at the place and time fixed for the sale, for good and sufificient cause, continue such sale as to the whole of the bonds offered or any part thereof offered, to such time and place as he may select, not ex- ceeding, however, sixty days. Due notice of the time and place of sale of all bonds must be given by said treasurer by publication in two news- papers published in the city and county of San Francisco, and also by publication in one newspaper published in the city of Oakland, and by publication in one newspaper published in the city of Los Angeles, and by publication in one newspaper published in the city of Sacramento, once a week during four weeks prior to such sale. The cost of such publication shall be paid out of the general fund of the state on con- troller's warrants duly drawn for that purpose. The proceeds of the sale of such bonds shall be forthwith paid over by said treasurer into the treasury and must be by him kept in a separate fund to be known and designated as the "San Francisco state building fund" and must be used exclusively for the construction, erection, equipment, completion and furnishing of a state building or buildings in the city and county of San Francisco. Drafts and warrants upon said fund shall be drawn upon and shall be paid out of said fund in the same manner as drafts and warrants are drawn and paid for other state work under the control of the said department of engineering. Sinking fund. Revenue for purpose. § 5. For the payment of the principal and interest of said bonds a sinking fund, to be known and designated as the "San Francisco state building sinking fund" shall be and the same is hereby created as fol- lows: The state treasurer shall, on the second day of January and on the second day of July, commencing on the second day of January, 1916, and thereafter on the second day of July and the second day of January of each and every year thereafter in which a portion of the bonds sold pursuant to the provisions of this act shall become due, transfer from the general fund of the state treasury to the said "San Francisco state building sinking fund" such an amount of the moneys appropriated by thia act as may be required to pay the principal and interest of the bonds so becoming due and payable in such years. There is hereby appropriated from the general fund in the state treasury such sum annually as will be necessary to pay the principal of and the interest on the bonds, issued and sold pursuant to the provision of this act, as said principal and in- terest becomes due and payable. There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the ordinary revenues of the state as shall be Act 2822a, §§ 6-9 general laws. 1702 required to pay the principal and interest on said bonds as herein pro- vided, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of said revenue, to do and perform each and every act which shall be necessary to collect such additional sum. Payment of principal and interest. § 6. The principal on all of said bonds sold shall be paid at the time the same becomes due from the said San Francisco state building sinking fund and the interest on all bonds sold shall be paid at the time said interest becomes due from said sinking fund. Both principal and inter- est shall be so paid upon warrants duly drawn by the controller of the state upon demands audited by the state board of control and the faith of the state of California is hereby pledged for the payment of the prin- cipal of said bonds so sold and the interest accruing thereon. Records and reports. § 7. The state controller and the state treasurer shall keep full and particular account and record of all of their proceedings under this act, and they shall transmit to the governor an abstract of all such proceed- ings thereunder, with an annual report to be by the governor laid before the legislature bienially; and all books and papers pertaining to the matter provided for in this act shall at all times be open to the inspec- tion of anj'- party interested, or the governor, or the attorney general, or a committee of either branch of the legislature, or a joint committee of both, or any citizen of the state. In effect. § 8. This act, if adopted by the people, shall take effect on the first day of December, 1914, as to all its provisions, excepting those relating to and necessary for its submission to the people and for the returning, canvassing and proclaiming the votes, and as to the said excepted provi- sions, this act shall take effect ninety days after the final adjournment of this session of the legislature. Act submitted to people. § 9. This act shall be submitted to the people of the state of Cali- fornia for their ratification at the next general election to be holden in the month of November, A. D. 1914, and all ballots at said election shall have printed Uiereon the words "For the San Francisco state building act" and in the same square, under said words, the following in brevier type: "This act provides for the issuance and sale of state bonds to create a fund for the construction, erection, equipment, completion and furnishing of a state building or buildings upon a lot of land in the city and county of San Francisco, to be used by the officers and departments of the state which are located in said city and county of San Francisco." In the square immediately below the square containing said words there shall be printed on said ballot the words "Against the San Francisco state building act" and immediately below said words "Against the San 1703 PUBLIC BUILDINGS. Act 2S22b Francisco state building act," in brevier type, shall be printed "This act provides for the issuance and sale of state bonds to create a fund for the construction, erection, equipment, completion and furnishing of a state building or buildings upon a lot of land in the city and county of San Francisco, to be used by the officers and departments of the state which are located in said city and county of San Francisco." Opposite the words "For the San Francisco state building act" and "Against the San Francisco state building act" there shall be left spaces in which the voters may stamp a cross indicating whether they vote for or against said act, and those voting for said act shall do so by placing a cross opposite the words "For the San Francisco state building act," and those voting against said act shall do so by placing a cross opposite the words "Against the San Francisco state building act." The governor of this state shall include the submission of this act to the people, as aforesaid, in his proclamation calling for said general election. Canvass of vote. § 10. The vote cast for or against this act shall be counted, returned and canvassed and declared in the same manner and subject to the same rules as votes cast for state officers; and if it appear that said act shall have received a majority of all the votes cast for and against it at said election, as aforesaid, then the same shall have effect as hereinabove provided, and shall be irrepealable until the principal and interest of the liabilities herein created shall be paid and discharged, and the gov- ernor shall make proclamation thereof; but if a majority of the votes cast, as aforesaid, are against this act, then the same shall be and be- come void. Notice preceding election. § 11. It shall be the duty of the secretary of state to have this act published in at least one newspaper in each county, or city and count}', if one be published therein, throughout this state, for three months next preceding the general election to be holden in the month of November, A. D. nineteen hundred and fourteen; the costs of publication shall be paid out of the general fund, on controller's warrants, duly drawn for that purpose. Title of act. § 12. This act shall be known and cited as the "San Francisco state building act." § 13. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. ACT 2822b. An act to provide for the construction, erection, equipment and furnish- ing of a building or buildings in the city and county of San Fran- cisco and for the improvement of the grounds thereof fbr the us© Act 2822b, §§ 1-4 general laws. 1704 and occupancy of the officers and departments of the state govern- ment of the state of California located in said city and county of San Francisco, and repealing other acts in conflict herewith. [Approved June 7, 1913. Stats. 1913, p. 924. In effect December 1, 1913.] Engineering department authorized to construct state building in San Francisco. § 1. The department of engineering of the state of California is hereby authorized and directed to construct, erect, equip and furnish the necessary building or buildings upon a lot of land situated in the city and county of San Francisco for the use and occupancy of the officers and departments of the state government located in said city and county, out of the proceeds of the sale of bonds to be authorized by the vote of people in accordance with that certain act entitled "An act to pro- vide for the issuance and sale of state bonds to create a fund for the construction, erection, equipment, completion and furnishing of a state building or buildings upon a lot of land in the city and county of San Francisco, to be used b}' the officers and departments of the state which are located in said city and county of San Francisco, which lot of land has been secured from the city and county of San Francisco in exchange for the lot heretofore purchased by the state for said purposes; and to create a sinking fund for the payment of said bonds; and defining the duties of state officers in relation thereto; and making an appropriation of one thousand dollars for the printing and sale of said bonds; and pro- viding for the submission of this act to the vote of the people." Plans. § 2. The plans for the construction of such building or buildings shall be prepared by said department of engineering, and before any work of construction is commenced thereon, shall be submitted to and approved by a special commission consisting of the governor, the attorney general and the chief justice of the supreme court, which said commission is hereby created for such purpose. Supervision of building. § 3. The superintendent of capitol building and grounds is authorized and directed to assume entire supervision over the said building or build- ings when the same are finally completed to the satisfaction of said commission and ready for occupancy, and for that purpose may employ such assistants, clerks and employees as may be necessary, the number thereof and the compensation to be paid to each to be subject to the approval of the state board of control. In effect. § 4. This act shall take effect iipon the first day of December, 1914, if the act mentioned in section 1 hereof is approved by the vote of the people, and in such event the act of June 12, 1906, entitled "An act to 1705 PUBLIC BUILDINGS. Act 2822c, §§ 1, 2 provide for the selection, location, acquisition and purchase of a site or sites, in the city and county of San Francisco, state of California, for the erection, equipment and furnishing of a building or buildings, and for the improvement of the grounds thereof, for the use and occupancy of the officers and departments of the state government of the state of California maintaining headquarters in said city of San Francisco, and making an appropriation therefor," shall then be repealed and be of no further effect. ACT 2822c. An act authorizing and empowering any city and county, or county, or city operating under freeholders' charter or otherwise, or any town, or any municipal corporation, in the state of California to donate and grant to the state of California any real property owned by it, or which it may hereafter acquire, within its corporate limits, for a site upon which the state of California may erect public buildings or maintain grounds in connection therewith; and also authorizing and empowering any of the same to use such part of its funds as deemed necessary toward the acquisition of such a site, also author- izing the incurring of indebtedness for any of the purposes aforesaid, and validating, legalizing and ratifying any bonded indebtedness which may be incurred in furtherance of any such purpose, and all of the proceedings leading up to the issuance and the proposed issu- ance of bonds for any such purjjose. [Approved June 5, 1913. Stats. 1913, p. 388.] City, etc., may grant site for state building. § 1. Any city and county, or county, or city operating under free- holders' charter or otherwise, or any town, or any municipal corporation, in the state of California, is hereby authorized and empowered to donate and grant to the state of California any real property owned by it or which it may hereafter acquire within its corporate limits for a site upon which the state of California may erect public buildings or main- tain grounds in connection therewith. May use funds to acquire site. May incur indebtedness. Bonds vali- dated. Bonds not to be sold at less than par. § 2. Any city and county, or county, or city, operating under free- holders' charter or otherwise^ or any town, or any municipal corporation, in the state of California, is hereby authorized and empowered to donate and grant to the state of California any real property owned by it or ■which it mav hereafter acquire within its corporate limits for a site upon which the state of California may erect public buildings or maintain grounds in connection therewith and is hereby authorized and empowered to use such part of its fund as deemed necessary toward the acquisition of a site within its corporate limits, upon which the state of California may erect public buildings or maintain grounds in connection therewith. Act 2827, § 1 GENERAL LAWS. 1706 Any city and county, or county or city operating tinder freeholders' charter, or otherwise, or any town or municipal corporation in the state of California, is hereby authorized and empowered to incur indebtedness for any of the purposes mentioned in this act. Where an election has been held in accordance with the laws of the state in any such city and county, or county or city operating under freeholders' charter, or other- wise, or any town or any municipal corporation in the state of California, and the necessary two-thirds of all the qualified electors voting thereat shall have voted in favor of incurring an indebtedness for any of the purposes specified in this act, all the proceedings leading up to the is- suance and the proposed issuance of bonds for any such purpose are hereby legalized, ratified and declared valid to all intents and purposes, and the power to issue such bonds is hereby confirmed, and all bonds that may be sold, in accordance with the provisions of law for not less than their par value, are hereby declared to be legal and valid obligations of and against the city and county, or county, or city operating under freeholders' charter, or otherwise, or any town or any municipal cor- poration in the state of California so issuing them, and the faith and credit of such city and county, or county or city operating under free- holders' charter, or otherwise, or any town or any municipal corporation in the state of California, is hereby pledged for the prompt payment and redemption of the principal and interest of such bonds, in accordance with the provisions thereof; provided, that this act shall not operate to legalize any bonds which have been sold for less than their par value, or any bonds which have not, at the time this act shall take effect, been authorized by not less than two-thirds of the qualified electors of such cit}' and county, or county or city operating under freeholders' charter, or otherwise, or any town or any municipal corporation in the state of California voting at such election. § 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. TITLE 400. PUBLIC HEALTH. ACT 2827. An act to provide for the reporting of occupational diseases. [Approved April 21, 1911. Stats. 1911, p. 953.] Eeporting of occupational diseases. § 1. Every medical practitioner attending on or called in to visit a patient whom he believes to be suffering from lead, phosphorus, arsenic or mercury or their compounds, or from anthrax, or from compressed-air illness, contracted as a result of the nature of the patient's employment, shall send to the state board of health a notice stating the name and full postal address and place of employment of the patient and the disease from which, in the opinion of the medical practitioner, the patient is suffer fng, and shall be entitled in respect to every bona fide notice sent 1707 PUBLIC HEALTH. Act 2830, § 2 in pursuance of this section of a fee of fifty cents, to Tbe paid as part of the expense incurred by the state board of health in the execution of this act. Penalty for neglect. § 2. If any medical practitioner, when required by this act to send a notice, willfully fails forthwith to send the same, as provided by this act, he shall be guilty of a misdemeanor, and upon conviction of the same shall be fined not more than ten dollars. Enforcement. § 3. It shall be the duty of the state board of health to enforce the provisions of this act, and it may call upon local boards of health and health officers for assistance and it shall be the duty of all boards and officers so called upon for such assistance to render the same. It shall furthermore be the duty of said state board of health to transmit such data to the commissioner of the bureau of labor statistics. ACT 2830. An act for the preservation of the public health of the people of the state of California, and empowering the state board of health to enforce its provisions, and providing penalties for the violation thereof. [Approved March 23, 1907. Stats. 1907, p. 893.] Amended 1911, p. 565, and 1913, p. 796. The amendments of 1911 and 1913 follow: Unlawful to discharge sewage in streams. Cesspools, etc. Camps, etc. House-boat within two miles above intake. § 2. It shall be unlawful to discharge or deposit, or cause or suffer to be discharged or deposited, any sewage, garbage, feculent matter, offal, refuse, filth, or any animal, mineral, or vegetable matter or substance, of- fensive, injurious, or dangerous to health, in any springs, streams, rivers, lakes, tributaries thereof, wells or other waters used or intended to bo used for human or animal consumption or for domestic purposes; or to discharge or deposit, or cause or suffer to be discharged or deposited, any such offensive, injurious or dangerous matter or substance upon the land or place adjoining such waters so as to cause or suffer such matter or substance to flew or be emptied or drained into such waters. It shall also be unlawful to erect, construct, excavate, or maintain, or cause to be erected, constructed, excavated, or maintained, any privy, vault, cesspool, sewer pipes or conduits, or other pipes or conduits, for the discharge of impure waters, gas, vapors, oils, acids, tar, or other matter or substance offensive, injurious, or dangerous to health, whereby any part of such matter or substance sliall empty, flow, seep, drain, con- dense or otherwise pollute or affect any of such waters so intended for human or animal consumption or for domestic purposes; or to erect or Act 2830, § 3 GENERAL LAWS. 1708 maintain any permanent or temporary house, camp, or tent, so near to such springs, streams, rivers, lakes, tributaries, or other sources of water supply, as to cause or suffer the drainage, seepage, or flow of impure waters, or any other liquids, or the discharge or deposit therefrom, of any animal, mineral, or vegetable matter, to corrupt or pollute such waters. It shall also be unlawful for the owner, tenant, lessee or occupant of any boat-house or boat intended for or capable of being used as a resi- dence, house, dwelling or habitation, or for the agent of such owner, tenant, lessee or occupant to moor or anchor the same or permit the same to be moored or anchored in or on any river or stream, the waters of which are used for drinking or domestic purposes by any city, town or village within a distance of two miles above the intake or place where such city, town or village water system takes water from such river or stream; provided, however, that in the transportation of any such house- boat on any such river or stream nothing herein contained shall prevent the owner, agent, tenant or occupant of such house-boat from mooring or anchoring the same when necessary within the limits herein fixed and established; provided, such house-boat shall not remain moored or an- chored within such limits for a longer period than one day. [Amendment approved April 1, 1911; Stats. 1911, p. 565.] Cities desiring to discharge sewage into streams. Proceedings required. § 3. Whenever any county, city and county, eity, town, village, district, community, institution, person, firm or corporation, shall desire to deposit or discharge, or to continue to deposit or discharge into any stream, river, lake or tributary thereof, or into any other waters used or intended to be used for human or animal consumption or for domestic purposes, or into or upon any place the surface or subterranean drain- age from which may run or percolate into any such stream, river, lake tributary or other waters, any sewage, sewage effluent, or other substance by the terms of section 2 of this act forbidden so to be deposited or dis- charged, or whenever any such county, city and county, city, town, village, district, community, institution, person, firm or corporation shall desire to deposit or discharge, or continue to deposit or discharge any sewage, sewage effluent, trade wastes or any other animal, mineral or vegetable matter or substance, offensive, injurious or dangerous to health in any of the salt waters within the jurisdiction of this state, which is or shall be a menace to public health, he or it shall file with the state board of health a petition for permission so to do, together with a complete and detailed plan, description and history of the existing or proposed works or system, and purification plant, showing geographical location with relation to such stream, river, lake, tributary or other waters, and a physical and bacteriological analysis of the substance or substances so to be deposited or discharged. Thereupon, a thorough investigation of the proposed or existing works, system and plant, and all circumstances and conditions by it deemed to be material, shall be made under the 1709 PUBLIC HEALTH. Act 2830, § 3 direction of the state board of health. As a part of such investigation, and after ten days' notice by mail to the petitioner, a hearing or hear- ings may be had before said board or an examiner appointed by it for the purpose. At such hearing or hearings witnesses who testify shall be sworn by the person conducting the hearing, and evidence, oral and documentary, may be received, a record of which shall be made and filed with said board. All of the expenses of such investigation, including hearings, excepting the compensation of state officers participating therein, shall be borne, and paid as they accrue, by the petitioner. Upon the completion of such investigation, said board — (a) If it shall determine as a fact that the substance being or to be discliarged or deposited is such that under all the circumstances and conditions it will so contaminate or pollute such stream, river, lake, tributary or other waters, as to endanger the lives or health of human beings or animals, or does or will constitute a menace to public health, or that under all the circumstances and conditions it is not necessary so to dispose of such substance, shall deny the prayer of such petition; provided, however, that in ease such petition shall be for permission to continue to discharge sewage, sewage effluent, storm water, or other mat- ter mentioned in this section from a sewer, storm water or other system permanently constructed, established and operating, prior to the passage of this act, said board may grant to petitioner a temporary and revocable permit, authorizing the continuance of such discharge, under such re- strictions as in said permit may be specified, to enable petitioner to ap- point a commission to investigate and report on the best method of dis- posal of sewage or other matter mentioned in this section, and petitioner to construct and put into operation a new or altered system discharging elsewhere, or so to alter, add to, repair or modify the operation of the existing system that the substance discharged or deposited shall not be such as to cause a contamination or pollution that will endanger the lives or health of human beings or animals, or constitute a menace to public health. (b) If it shall determine as a fact, that the substance being or to be discharged or deposited, is not such that under all the circumstances and conditions it will so contaminate or pollute such stream, river, lake, tributary or other waters, as to endanger the lives or health of human beings or animals, or constitute a menace to public health, and that under all the circumstances and conditions it is necessary so to dispose of such substance, shall grant to petitioner a permit authorizing petitioner so to deposit or discharge or to continue to deposit or discharge such substance; provided, however, that such permit shall not be construed to permit any act forbidden by any provision of the laws of this state rel- ative to the preservation or propagation of fish or game, or relative to the deposit of debris into the streams of the state, or relative to the obstruction of navigation; and provided, further, that all jxTiiiits issued hereunder shall be revocable by said board at any time or subject to sus- pension if said board shall determine, as a fact, that the sub.staiue dis- Act 2830, § 13 GENERAL LAWS. 1710 charged or deposited by virtue thereof causes a contamination or pollution that endangers the lives or health of human beings or animals, or con- stitutes a menace to public health. The state board of health and its inspectors shall at any and all times have full power and authority to, and shall be permitted to, enter into and upon any and all places, inclo- sures and structures for the purpose of making, and therein or thereon to make, examinations and investigations to determine whether any provision of this act is being violated. Whenever any petitioner shall be granted any permit by said board and under the provisions of this act, such petitioner shall furnish to said board upon demand, a complete report upon the condition and operation of the system, plant, or works, which report shall be made by some competent person designated for the purpose by said board, and at the sole cost and expense of the holder of the permit. Any county, city and county, city, town, village, district, community, institution, person, firm or corporation, who shall deposit, discharge or continue to deposit or discharge, into any stream, river, lake, or tributary thereof, or into any other waters, used or intended to be used for human or animal consumption or for domestic purposes, or into or upon any place the surface or subterranean drainage from which may run or per- colate into any such stream, river, lake, tributary or other waters, or into any of the salt waters within the jurisdiction of this state, any sewage, sewage effluent or other substance by the terms of section 2 of this act for- bidden so to be deposited or discharged, without having an unrevoked per- mit so to do, as in this act provided, may be enjoined from so doing by any court of competent jurisdiction at the suit of any person or municipal corporation whose supply of water for human or animal consumption or for domestic pui-poses is taken from such stream, river, or other running water at a point below the place of such discharge or deposit, or from such lake, or at the suit of the state of California, or at the suit of any municipality, community, county, or city and county, any of the resi- dents of which shall take water from such stream, river or other running water at a point below the place of such discharge or deposit, or from such lake or reservoir, or whose health shall be menaced by such dis- charge, or at the suit of the state board of health. Anything done, maintained, or suffered, in violation of any of the pro- visions of section 2 or section 3 of this act shall be deemed to be a public nuisance dangerous to health and mav be summarilv abated as such. [Amendment approved June 13, 1913; Stats. 1913, p. 796.] Also amended April 1, 1911 (Stats. 1911, p. 566). Rules in cases of quarantine. § 13. The following rules and requirements shall be strictly observed in all cases of quarantine subject, however, to such changes and modifi- cations as the state board of health, or its secretary may otherwise re- quire and direct. 1711 PUBLIC HEALTH. Act 2830, § 13 Eule '1. Every county, city and county, city, or town board of health, or chief executive health officer thereof, upon receiving information of the existence of such diseases within its or his jurisdiction, must imme- diately quarantine each and every case of Asiatic cholera, yellow fever, typhus fever, plague, smallpox, scarlet fever, diphtheria, (and such other contagious or infectious diseases), as may from time to time be declared cjuarantinable, and in addition to their local rules and regulations shall follow all general and special rules, regulations, and orders of the state board of health, or its secretary. Said health boards or officers must, within twenty-four hours after quarantine, report fully, in writing, to the secretary of the state board of health, all of such cases quarantined; provided, however, that said health officers shall immediately report by telegraph to said secretary of the state board of health every case discovered or known of plague, Asiatic cholera, yellow fever or typhus fever, and after investigation and within twenty-four hours shall report the cause, source and extent of contagion and infection, and all acts done and measures adopted in each case, and shall make such further reports as the secretary of the state board of health may require. Rule 2. In addition to the list of quarantinable diseases given in rule 1 of this section the following is a partial list of contagious, infectious and communicable diseases, all of which, though not required to be quarantined, must be promptly reported in writing to the state board of health, or its secretary, by the said local health boards or chief execu- tive health officer, viz.: chicken-pox, erysipelas, pneumonia, uncinariasis or hookworm, epidemic cerebro-spinal meningitis, trachoma, whooping- cough, mumps, dengue, dysentery, tuberculosis, typhoid fever, tetanus, malaria, leprosy, measles, German measles, glanders and anthrax affecting human beings, rabies, pellagra, beri-beri, sjqjhiMs, gonococcus infection, and poliomyelitis, and any disease which appears to have become epi- demic. The diseases last above enumerated, and such others as from time to time may be added thereto by the state board of health or its secretary, shall be quarantined whenever in the opinion of the state board of health or its secretary such action is necessary to protect the public health, and shall be isolated whenever in the opinion of the state board of health, its secretary, or the local board of health or health officer, isolation is necessary to protect the public health. This list can be changed at any time by the state board of health or its secretary. Rule 3. When any building, house, structure, or part thereof, or tent or other place, is quarantined because of a contagious, infectious or communicable disease, said local health boards or chief executive health officer shall cause to be firmly fastened, in the most conspicuous plaeo upon such house, building, tent, or other place, a i>]acard or flag upon which is printed the name of the disease, in plain and legible letters of at least two and one-half inches in length. This placard or flag must not Act 2830, § 13 GENERAL LAWS. 1712 be removed by any person except the health officer or his deputy, and in no case until the premises have been thoroughly disinfected. Rule 4. When persons quarantined in a house, building, structure, tent, or other place have recovered from the disease for which the quar- antine is established, or when the quarantine is for ex]iosure to con- tagious, infectious or communicable diseases, and the period of incubation designated has elapsed, the quarantine shall not be raised by order of the local board of health or local health officer until every exposed room, together with all bedding, clothing, and all other personal property con- tained therein, has been thoroughly disinfected, or if necessary, such personal property may be destroyed, by or nnder the direction of the health officer or his deputj'; and until all persons quarantined shall have taken a thorough antiseptic bath and put on clothing free from con- tagion. Rule 5. Whenever quarantine is established by any local board of health or health officer to prevent the spread of any contagious, infec- tious, or communicable disease, it shall be the duty of all persons to obey the rules, orders and regulations of such health board or health officer. Rule 6. No milkman shall take away milk bottles or other recep- tacles for milk from any building, house, structure, tent, or other place, in which a contagious, infectious or communicable disease exists or has existed, nor from any place within any quarantined district, nor at any time after such quarantine has been removed, unless with the written permission of the local health officer, and after such milk bottles or receptacles have been disinfected and cleaned to the satisfaction of such officer. Rule 7. Whenever there exists in the house of any milkman, milk dealer or milk distributer, any case of cholera, typhus fever, plague, scarlet fever, diphtheria, membranous croup, leprosy, anthrax, glanders, cerebro-spinal meningitis, whooping-cough, typhoid fever, dysentery, tra- choma or tetanus, then it shall be unlawful for such milkman, milk dealer, or milk distributer, to continue the sale or distribution of milk until the local board of health or chief executive health officer has ap- pointed at the expense of the county where such milkman, dealer or distributer lives a person to superintend his cows, dairy or other place where such milk is sold, or from which it is delivered or distributed, and all cows, bottles, vessels and milk utensils. Such person so ap- pointed by the local board of health, or chief executive officer, shall strictly require that all persons attending to the cows, dairy, sheds, milk cans, bottles, vessels, and milk utensils, shall not have access to the infected house, nor any communication with the persons who reside in such infected house, except with the permission and under the inspection of the local health officer. Rule 8. Every person subject to quarantine, residing or being in a quarantined building, house, structure or tent, shall not go beyond the 1713 PUBLIC HEALTH, Act 2836a, § 1 lot upon which such building, house, structure or tent is situated, nor put himself in immediate communication with any person not subject to quarantine, other than the health officer and physician. The local board of health or local chief executive health officer maintaining a quarantine shall appoint, or cause to be appointed, a suitable person to perform necessary outside services for the necessary wants of the per- sons quarantined. Such person so appointed shall never enter the build- ing, house, structure, or tent nor come in personal contact with any of the persons quarantined, but shall leave at the entrance of the build- ing, house, structure or tent, or at such other place as may be desig- nated by the health officer or deputy, all articles which he may have brought, and he shall strictly observe the orders of the local health officer. [Amendment approved April 1, 1911; Stats. 1911, p. 568.] Penalty. § 21. Any person violating any of the provisions of this act, whether acting for himself, or as the agent or servant of another person, or of a firm, company or corporation, or as an officer, agent, employee or rep- resentative of any municipal corporation, or of the state, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five nor more than five hundred dollars, or by imprison- ment for a term of not more than ninety days, or by both such fine and imprisonment. Each day that in violation of any provision of this act shall continue, and each day that anything forbidden b;^ the terms hereof to be erected, constructed, maintained, operated or permitted, shall continue to exist, or be maintained, operated or permitted, shall consti- tute a separate offense. [Amendment approved April 1, 1911; Stats. 1911, p. 571.] Citations. App. 17/66. ACT 2836a, An act to prevent the introduction, and provide for the investigation and suppression of contagious or infectious diseases, and appropriating money to be used for such purpose. [Approved June 7, 1913. Stats. 1913, p. 868. In effect immediately.] Appropriation: Prevention of contagious and infectious diseases. § 1. The sum of one hundred thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, to be expended by the state board of health, under the direction of the governor, for the prevention of the introduction of Asiatic cholera, bubonic plague, smallpox or other contagious or infectious disease into this state, and for their investigation and suppression in case of their origin or introduction. The claims for such expenditures must be ^au- dited by the board of control, except that when, in the opinion of the governor, an emergency arises which demands or necessitates the im- mediate use of money for the purposes herein provided, the controller 108 Act 2836a, §§ 2, 3 general laws. 1714 must draw his warrant in the name of the governor without such audit, on account of the sum hereby appropriated, upon the order of the gov- ernor, in such sums, from time to time, not exceeding one thousand dollars at any one time, as he may direct. In eases where sums are so drawn upon the order of the governor, without audit by the board of control, vouchers must be thereafter filed with the controller, showing the manner and the purposes for which such sums have been expended. Such portion of the sum provided by this section as may be deemed advisable by the state board of health and approved by the governor, may be used in accordance with the provisions of this section and sec- tion 2, provided that all expenditures connected therewith shall be au- dited by the board of control and paid by the state treasurer upon warrants drawn by the controller, in accordance with the provisions of this section. Extermination of rodents, insects, vermin by property owners. Exter- mination by state board of health. § 2. Whenever any land, place, building, structure, wharf, pier, dock, vessel or water craft is infested with rodents, insects or other vermin which are liable to convej' or spread contagious or infectious disease from an existing focus declared by the state board of health, it shall be the duty of said board to at once notify the person, firm, copartner- ship, company or corporation, owning said land, place, building, structure, wharf, pier, dock, vessel or water craft, of the existence of said rodents, insects, or other vermin, and said notice shall direct said owner to pro- ceed immediately to exterminate and destroy said rodents, insects, or other vermin, and to continue in good faith such measures as maj' be necessary to prevent their return. In the event that said owner fails, refuses or neglects to proceed as above provided, within ten days from the date of receipt of said notice, the state board of health may at once proceed to exterminate and destroy said rodents, insects or other vermin, and take such measures as may be necessary to prevent their return, and the cost of the above measures shall be repaid to the state board of health by the board of supervisors or other governing body of the county, city and county, city or town wherein the work is done at its next meeting after the bill is presented, and the appropriation provided in section 1 of this act shall be reimbursed by the amount so paid, and may be again expended in a similar manner. Lien on property for payment of expense of extermination. § 3. Whenever a board of supervisors or other governing body of any county, city and county, citj^ or town, shall have repaid the state board of health, any sum as provided in section 2, the clerk of such board shall file in the office of the county recorder a notice of such payment, claiimiug a lien on such property for the amount of such payment. Any and all sums so paid by such county, city and county, city or town, shall be a lien on the property on which such rodents, in.sects or other ver- min shall have been exterminated and de- troyed, and may be recovered in an action against such property, which action to foreclose such lien 1715 PUBLIC HEALTH. Acfe 2837a-2840 shall be brouglit within ninety days after such payment, and be prose- cuted by the district, city or town attorney, in the name of such county, city and county, city or town, and for its benefit. When the property is sold, enough of the proceeds shall be paid into the treasury of such county, city and count}-, city or town, to satisfy such lien and the costs and overplus, if any there be, shall be paid' to the owner of the prop- erty, if known, and if not khown shall be paid into the court for the use of such owner when ascertained. When it appears from the com- plaint in such action that the property on which such lien is to be fore- closed is likely to be removed from the jurisdiction of the court, the court may appoint a receiver to take possession of the property and hold the same while the action may be pending or until the defendant shall execute and file a bond, with sufficient sureties, conditioned for the pay- ment of any judgment that may be received against him in the action and all costs. Current expenses. § 4. This act, inasmuch as it provides for an appropriation for the usual current expenses of the state, shall, under the provisions of sec- tion 1 of article 4 of the constituiion of the state of California, take effect immediately. ACT 2837a. An act to authorize the state board of health to purchase, or prepare and distribute, free of cost, to certain persons, anti-rabic virus, and making an appropriation therefor. [Approved June 13, 1913. Stats. 1913, p. 843.] Board of health to purchase anti-rabic virus. § 1. The state board of health is hereby empowered and directed to purchase, or prepare, and distribute free of cost, under such regulations as may be necessary, anti rabic virus to be used in the treatment of per- sons exposed to rabies when said persons shall declare that it would be a hardship for them to pay for anti-rabic treatment. Appropriation. § 2. The sum of five thousand dollars is hereby appropriated for the purposes of this act. § 3. The state controller is hereby authorized to draw his warrant for the same, and the state treasurer is hereby authorized to pay the same. ACT 2839. Citations. App. 11/127. ACT 2840. An act to encourage and provide for a general raccination in the state of California. [Approved February 20, 1889. Stats. 1889, p. 32.] Repealed 1911, p. 295. See post, Act 2840a. Citations. App. 13/516. Act 284:0a, §§ 1, la general laws. 1716 ACT 2840a. An act to encourage and provide for a general vaccination for all public and private schools of California, specifying the duties of certain officers and persons with relation thereto making violations of its provisions a misdemeanor, providing penalties, and repealing an act entitled "An act to encourage and provide for a general vaccination in the state of California," approved February 20, 1889. [Approved March 7, 1911. Stats. 1911, p. 295.] Filing certificate of vaccination. Form of certificate. Successful vac- cination. Duty of physician. § 1. Within ten days after this act goes into effect, and thereafter within five days after any child or person shall be enrolled or entered in, or shall have entered, enrolled, or shall have been received or employed or commenced work in any school, college, university, academy, or other educational institution, within the state of California, whether the same be public or private, sectarian or nonsectarian, such child or person shall file with the teacher, instructor, principal, superintendent or other person or persons who shall or may be in charge of or in authority over such school, college, university, academy or other educational institution, either a certificate signed by a duly licensed and practicing physician, showing that such child or person has been successfully vaccinated (giv- ing the date thereof) within seven years prior to the date when same shall be filed, of a certificate signed by the health officer or board of health, within whose territorial jurisdiction such institution may be located, stat- ing that such child or person has been examined by him and has pre- sented satisfactory evidence that he or she has been successfully vaccinated (giving the date thereof) within such period of seven years, or the statement or certificate provided for in section 2 of this act. § la. VACCINATION CERTIFICATE. This is to certify that was vaccinated on 19 — , with proper aseptic precautions, and with vaccine prepared under U. S. Government license. Full instructions were given for home-care during the progress of the vaccinia. I have this day 19 — , completed my observations of the case and certified that the vaccination was successful. Signature of Vaccinator. Vaccine number. Limitation date. Manufacturer. Successful vaccination means that there has been evidence of a normal vaccinia, and that ordinarily the person so vaccinated may be assured of immunity to smallpox for at least five years without repetition of the vaccination. 1717 PUBLIC HEALTH. Act 2840a, §§ 2-3 Notice to the vaccinator. — If repeated vaccination fail to "take," read in the instructions in section 9 of the vaccination law. It shall be the duty of every physician and person who shall vaccinate any child or person to take proper aseptic precautions, to use only vac- cine prepared under United States government or state of California license, to give to the child or person full instructions for home-care during the progress of the vaccinia, and when observation of the ease is completed and found to be successful, to furnish a vaccination certifi- cate in the form prescribed by the terms of this section. In lieu of certificate. § 2. In lieu of the certificates provided for in section 1 of this act, and within the same period and with the same person or persons, such child or person may file annually a statement in writing, signed by his or her parent, or guardian, if such child or person be a minor, and by himself, in other cases, stating that such parent, guardian or person ia conscientiously opposed to the practice of vaccination and will not con- sent to the vaccination of such child or person, or the certificate of a, duly licensed and practicing physician stating that the physical condition of such child or person is, at the time, such that vaccination would seri- ously endanger the life or health of such child or person, and thereupon, such child or person shall be exempt from the provisions of section 1 of this act as otherwise provided. Blank. § 2a. The school trustees or directors in each school district, city, city and county within this state shall furnish such parent, guardian or per- son a printed blank to be filled out in writing as provided in section 2 hereof. This blank shall be substantially in the following form: City or town . Date . I hereby declare that I am conscientiously opposed to the practice of vaccination and will not consent to the vaccination of -■ . (Signed) , Parent or Guardian. List of vaccinated children. Of those not vaccinated. § 3. The person with whom such certificates are required to be filed, as aforesaid, shall forthwith deliver them to the health officer within whose territorial jurisdiction such institution may be situated, and such health officer or other proper person shall at once examine the same and make and preserve a list of those children and persons who have been successfully vaccinated within seven years prior to the said date of filing (with the date of such vaccination) and a separate list of those who have not been so vaccinated. Such health officer or other proper person shall thereupon return the vaccination certificates provided for in section 1 of this act, to the person from whom he received them, who shall surrender them to their respective owners, and such health oificer shall preserve in Act 2840a, §§ 4-6 general laws. 1718 his office the statements and certificates provided for in sections 2 and 2a of this act. Failure to file certificate or statement. § 4. Any child or person who shall fail, neglect or refuse to file a cer- tificate or statement as required by section 1 and section 2 and section 2a, of this act, within ten days after this act goes into effect, or who shall thereafter so fail, neglect or refuse to file such certificate or statement within said period of five days, shall thereupon be excluded from admis- sion to, attendance upon, from the benefits of, and from service in con- nection with such institution, until such time as he or she shall file such certificate or statement, and it shall be the duty of every teacher, in- structor, principal and other person in charge of or in authority over such institution so to exclude such child or person. Children not vaccinated . to be excluded from schools whenever cases of smallpox exist in district. § 5. Whenever any case or cases of smallpox shall exist in any school district, incorporated city or town, or city and county, it shall be the duty of the state board of health to make or cause to be made a thorough investigation as to whether such smallpox does exist, and as to whether any child or person enrolled or entered in, or employed or working in any such school, college, university, academy or other educational institu- tion, within the state of California, whether the same be public or pri- vate, sectarian or nonsectarian, has been exposed to the contagion or infection of such smallpox. If upon such examination the sfate board of health shall find that smallpox does exist therein, all children or per- sons, who have not been successfully vaccinated, within seven years then last past, shall be excluded forthwith and continuously from admission to, attendance upon, the benefits of, or service in connection with any and all schools, colleges, universities, academies and other educational in- stitutions situated in such school district, city, town, or city and county until such children shall have been successfully vaccinated, or until such time as such smallpox shall cease to exist in such school district, city, town, or city and county, and it is further provided, that such other vaccinated children or persons shall be excluded from all the rights and privileges as in this section contained as the state board of health or its representatives may direct; provided, that in cities, cities and counties, and districts, where two or more schools are maintained, the state board of health shall subdivide such cities, cities and counties or districts, and for such period as it shall determine to be advisable, unvaccinated chil- dren and persons may be permitted to attend schools in subdivisions in which no smallpox exists. Duty of health oflacer whenever cases of smallpox exist. § 6. Whenever any such case or cases of smallpox as in section 5 con- tained shall exist in any school district, city or city and county, within this state, the health or other proper person or health officers within 1719 PUBLIC HEALTH. Act 2840a, §§ 7-12 Mhose territorial jurisdiction such district, city or city and county may be situated, shall forthwith furnish to the teacher, instructor, principal, superintendent, or other person in charge of or in authority over, each of the schools, colleges, universities, academies and other educational institutions, situated within its jurisdiction, a certificate showing the existence of such smallpox in such district, city, or city and county, and a list of the unvaccinated children or persons in attendance upon or employed in connection with such schools, respectively, and requiring that such unvaccinated children and persons be excluded as provided in section 5 of this act. State board to decide in case of question. § 7. Whenever any question shall arise as to whether smallpox does or does not exist in any district, city, or city and county, the state board of health shall make, or cause to be made an investigation and the de- termination of said board, or that of its secretary, if said board is not in session, shall be final as to the question of fact. Penalty for violation. § 8. Every person who shall violate any provision of this act shall be deem.ed to be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five nor more than three hundred dollars, or by imprisonment for a period of not more than ■thirty days, or by both such fine and imprisonment. Child not able to be vaccinated. § 9. Whenever any child or person shall file, as in this act provided, a certificate signed "by a duly licensed and practicing physician and showing that within one year of the date of filing such child or person has used due diligence and cannot be successfully vaccinated, such child or person shall be exempt from provisions of this act for the period of one year therefrom. Construction of act. § 10. Nothing in this act shall be construed to be in conflict with or contrary to any of the rules, regulations or requirements of any private school, academy, college, university, or other educational institution which may at any time provide for excluding all unvaccinated children an-d persons therefrom. § 11. An act entitled "An act to encourage and provide for a general vaccination in the state of California," approved February 20, 1889, is hereby repealed. § 12. This act shall take effect from the time of its passage. Act 2840b, §§ 1-4 general laws. 1720 ACT 2840b. An act regulating the cleaning, laundering, sale, offering for sale, and furnishing for use to employees, of wiping rags; authorizing coun- ties, cities and counties, cities and towns, to enact ordinances pro- hibiting the cleaning, laundering, sterilizing, and sale of wiping rags without a permit, and to issue and revoke permits to clean, launder, and sell wiping rags within their respective jurisdictions; authoriz- ing peace and health officers to make inspections of wiping rags, and making violations of this act a misdemeanor. [Approved April 25, 1913. Stats. 1913, p. 86.] Wiping rags to be sterilized. § 1. Every person or corporation who supplies or furnishes to his or its employees for wiping rags, or who sells or offers for sale for wiping rags, any soiled wearing apparel, underclothing, bedding, or parts of soiled or used underclothing, wearing apparel, bedclothes, bedding or soiled rags and cloths, unless the same have been sterilized by a process ower to overrule or sustain any such objection and its determination thereon shall be final and conclusive as to the sufficiency of said posting. If the city council shall sustain any such objection it shall direct the street superintendent to post or repost the notices as near as possible along the exterior boundary lines of the land proposed to be condemned as described in the ordinance of intention, whereon it shall have been determined by the city council that the posting of said notices was insufficient. Upon being so directed, the street superintendent shall post notices as directed by the city council and cause to be made and filed in his office an affidavit to the effect that said notices have been posted in the manner and location designated by the city council in its order directing the said notices to be so posted or reposted. He shall also cause to be published by one insertion in a daily, weekly or semi- weekly newspaper published and circulated in said city, a notice to the effect that such posting has been made in accordance with the direction of the city council and notifying all owners of property within the assess- ment district that they have ten days from the date of the said publica- tion in which to file "any protest provided for in section 4 of this_ act, and any owner of property within the assessment district may within ten days file such protest. Any protest filed must comply with the pro- visions of section 4 hereof in all respects, except as to the time of the filing of the same, and shall have the same force and effect as protests as those provided for bv said section 4. Upon the filing of such protests the city council shall'fix a time and place for the hearing thereof, which Act 2884, § 8 GENERAli LAWS. 1728 shall be not later than fifteen days from the filing of sneh protests. Upon such hearing the city council shall pass upon such protests in the manner and with the effect provided in section 4 of this act and if an ordinance ordering said improvement has been passed prior to the filing of any objection to the sufficiency of the posting of notices and on such subse- quent hearing it is found that the protests are signed by the owners of a majority of the frontage of the property fronting on streets or parts of streets within the assessment district, or if said city council shall sus- tain such protests such ordinance ordering the work shall be repealed. If any such objections are filed and the city council, after hearing, de- termine that the posting of said notices was sufficient, it may pass an ordinance ordering the work provided no such ordinance has already been passed. If no objections to the sufficiency of the posting of tlie notices are filed within the time herein allowed for the filing of such objections, or if objections are filed and overruled by the city council, as herein provided, all persons shall forever be precluded from raising any objec- tion to the validity of the proceedings on the ground that the notices were not posted as required by law. [New section approved .lune 6, 1913; Stats. 1913, p. 415.] Setting action for trial. Referees. View of lands. Report of findings. Measure of compensation. § 8. When all parties defendant to the action have answered, or have been served with summons, and their default entered, the plaintiff or any party defendant to the action whose default has not been so entered, may, upon five days' notice to the parties, except defendants in default, move the court to set the action for trial. If, upon the hearing of such motion, a trial by jury or by the court without a jury is not demanded by the defendants, or any of them, or by the plaintiff, such trial shall be deemed to be waived, and the court must appoint three disinterested persons referees, to ascertain the compensation to be paid to such defend- ants so waiving a trial by a jury, or by the court without a jury. Such referees must be residents of the municipality where such improvement is to be made, and over the age of twenty-one years, and must take and file with the court an oath to discharge their duties faithfully and im- partially. If any of such referees fails to qualify, or resigns, or is removed by order of court, or is or becomes unable to act, the vacancy so created shall be filled by the court. The referees shall at once proceed to view the lands sought to be condemned, and ascertain the compensa- tion proper to be paid to such of the parties interested in each parcel thereof as have waived a trial by a jury, or by the court. They shall have power to examine witnesses under oath, to be administered by any of them, and may have subpoenas issued by the clerk of the court, re- quiring the attendance of witnesses, or the production of evidence before them. They shall make and file with the court a written report of their findings, and of their necessary expenses, within thirty days after the date of their appointment; provided, however, that the time so allowed 1729 PUBLIC PARKS. Act 2884, § 9 may be extended, upon good cause shown, by the court or judge thereof, but such extenoion shall not exceed ninety days; and provided further, that if any vacancy in the referees is created and filled as provided in. this section, or if new referees are appointed, or if a new report from the same referee is ordered, as provided in section 9 of this act, the time herein specified for the filing of such report shall be deemed to be thirty days from the date of the order filling such vacancy, or appoint- ing new referees, or ordering a new report from the same referees, and the same may be extended accordingly, as above provided. Any two of such referees who agree thereto, may make such report. For the purpose of assessing the compensation and damages the right thereto shall be deemed to have accrued at the date of the order appointing referees or of the order setting the cause for trial, as the case may be, and its actual value at that date shall be the measure of compensation for all property to be actually taken, and the basis of damages to property not actually taken, but injuriously affected, in all cases where such damages are al- lowed by the provisions of this act. No improvements placed upon the property proposed to be taken, subsequent to the date of the publishing of the notice of the passage of the ordinance of intention, shall be included in the assessment of compensation or damages. The referees, or court, or jury, as the case may be, shall find separately: First — The value of each parcel of property sought to be condemned, and all improvements thereon pertaining to the realty, and of each sepa- rate estate or interest therein; Second — If any parcel of property sought to be condemned is only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned, and to each separate estate or interest therein, by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff. Such damages must be fixed irrespective of any benefit from such improvement. [Amendment approved June 6, 1913; Stats. 1913, p. 417.] Hearing on report. Exceptions. Notice of filing. Who may intervene. Court may confirm, etc., report. Trial by jury. Interlocutory judg- ment. Referee's compensation. § 9. Upon the filing of such report the court must, upon motion of any party, appoint a day for hearing the same, not less than twenty days thereafter. Notice of the time and place of said hearing must, at least ten days before the time so appointed, be served on all the other parties, except'^defendants whose default has been entered. The "plaintiff, or any defendant who has answered, may file exceptions in writing to said re- port, specifving the grounds upon which such exceptions are based, at any time within not less than one day prior to the hearing; and any such party so filing exceptions to said report, may api)ear at the hearing of said report and contest the same. In addition to the notit-e hereinbefore provided, the clerk of the court must give notice of the filing of said 109 Act 2884, § 9 GENERAL LAWS. 1730 report, and of the time and place appointed for the hearing of the same, to all persons owning or having an interest in any property, included within the assessment district for said improvement described in the ordinance of intention, by causing said notice last mentioned to be pub- lished for five days in a daily newspaper published and circulated in the city; or, if there be no such daily newspaper, then by two insertions in a we^lcly newspaper so published and circulated. Any publication of such notice shall commence at least ten days before the time appointed for the hearing of the report. Said notice shall require all persons own- ing or having an interest in any property included within said assessment district for said improvement to intervene in said action, and file, in the office of the clerk of said court, his exceptions in writing to said report, if any he has, specifying the grounds upon which such exceptions are based. Said notice shall also contain a description of the said assess- ment district as set forth in the ordinance of intention. At any time within not less than one day prior to the hearing, any person not a party to the action, owning or having an interest in any property included within said assessment district, may intervene in the action, and file his exceptions in writing to said report, specifying the grounds upon which such exceptions are based; and any such person so intervening may appear and contest the said report, and introduce evidence in support of such exceptions. After hearing the report, and any exceptions thereto, the court may confirm the report, or may modify it and confirm it as modified, or may set it aside and order a new report from the same referees, or from any referees to be appointed. If new referees are appointed, the same proceedings shall be had as upon the first reference. If there be a trial of the action by a jury, or by the court without a jury, the cl«rk of the court must give notice of the time and place of such trial to all persons owning or having an interest in any property within said assessment district for said improvement. Said notice shall be published in the same manner and for the same time as the notice hereinbefore in this section required to be given by said clerk, and shall require all persons owning or having an interest in any property included within said assessment district for said improvement, to inter- vene in said action, and to appear at the trial thereof and introduce evidence relative to the compensation and damages to be awarded to the defendants therein. At any time within not less than one day prior to the trial, any person not a party to the action, having an interest in any property included within said assessment district, may intervene in the action, and, upon the trial thereof, may appear and introduce evidence relative to the compensation and damages to be awarded to the defend- ants therein. The cost of the publication of the notices required by this section shall be paid by the plaintiff, and allowed as costs in the action. When a time has been appointed for hearing the report of the referees, or for the trial of the action, and notice thereof has been given by the clerk by publication as in this section provided, if the hearing or trial be postponed or continued by the court to any subsequent date, no 1731 PUBLIC PARKS. Act 2884, §§ 13, 19 such notice need be given by the clerk of the hearing or trial upon any such postponement or continuance. Upon the confirmation of the report of the referees, or receipt of the verdict of the jury, or the filing of the findings of the court, the court shall make and enter an interlocutory judgment in accordance with such report, verdict or findings, adjudging that upon payment to the respective parties, or into court for their bene- fit, of the several amounts found due them as compensation, and of the costs allowed to them, the property involved in the action shall be con- demned to the use of the plaintiff, and dedicated to the use specified in the complaint. The court shall allow to the referees, as costs to be paid by the plaintiff, a reasonable compensation for their services, the amount of which compensation shall be fixed by the court upon the hearing of the report, and their necessary expenses. [Amendment approved June 6, 1913; Stats. 1913, p. 418.] Delivery of diagram. Completion of assessment. Total expense. § 13. The city engineer shall deliver said diagram to the street superintendent, and shall indorse thereon the date of such delivery. The street superintendent upon receiving the said diagram, shall proceed to assess the total expenses of the proposed improvement upon and against the lands, including the property of any railroad or street railroad within said assessment district, except the land to be taken for such improve- ment, in proportion to the benefits to be received from said improvement. The street superintendent shall complete said assessment within ninety days after the receipt by him of said diagram; provided, however, that the city council may, by resolution, extend the time for completing said assessment for a period not exceeding sixty days additional. The total expenses of the improvement so to be assessed shall include the amounts awarded to the defendants by the interlocutory judgment in the action for condemnation, and all other costs of the plaintiff in such action, the expenses of making the assessments and all expenses necessarily incurred by said municipality, in connection with the proposed improvement, for maps, diagrams, plans, surveys, searches and certificates of title to the property to be taken, and all other matters incident thereto. [Amend- ment approved June 6, 1913; Stats. 1913, p. 419.] Delinquent assessment list. Publication. § 19. The street superintendent shall, within thirty days from the date of such delinquency, begin the publication of a list of the delin- quent assessments, which list must contain a description of each parcel of property delinquent, and opposite or against each description, the name of the owner as stated in the assessment-roll, and the amount of the assessment, penalty, and costs due, including the cost of advertising, which last shall not exceed the sum of fifty cents for each lot, piece or parcel of land, separately assessed. The street superintendent shall ap- pend to and publish with said delinquent list a notice that unless each delinquent assessment, together with the penalty and costs thereon, is Act 2886, §§ 1, 2 GENERAL LAWS. 1732 paid, the property upon which such assessment is a lien, will be sold at public auction at a time and place to be specified in the notice. The publication must be made for a period of ten days, in some daily news- paper published and circulated in the municipality, or for three weeks in .a weekly newspaper so published and circulated. The time of sale must not be less than five days, nor more than ten days, after the expira- tion of the period of publication of said list, and the place of sale must be in, or in front of, the office of the street superintendent. [Amend- ment approved June 6, 1913; Stats. 1913, p. 420.] How designated. § 32. The provisions of this act shall be liberally construed to pro- mote the objects thereof. This act may be designated and referred to as the "park and plavground act of 1909." [Amendment approved June 6, 1913; Stats. 1913, p. 420.] TITLE 404a, PUBLIC UTILITIES. ACT 2886. An act to provide for the organization of the railroad commission, to define its powers and duties and the rights, remedies, powers and duties of public utilities, their officers, define its powers and duties and the rights, remedies, of patrons of public utilities, and to provide penalties for offenses by public utilities, their officers, agents and etaployees and by other persons and corporations, creating the "rail- road commission fund" and appropriating the moneys therein to carry out the provisions of this act, and repealing the railroad com- mission act, approved February 10, 1911, and also repealing an act entitled "An act to amend the railroad commission act by amending section 15 thereof relating to powers and duties of the railroad commission of the state of California, and to amend section 37 thereof relating to free and reduced rate transportation for freight and passengers," approved April 6, 1911, and all acts and parts of acts inconsistent with the provisions of this act. [Approved December 23, 1911. Stats. Ex. Sess. 1911, p. 18.] Amended 1913, pp. 683, 934. Title and application. § 1. 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. Definitions: "Commission." § 2. (a) The term "commission," when used in this act, means the railroad commission of the state of California. "Commissioner." (b) The term "commissioner," when used in this act, means one of the members of the commission. 1733 PUBLIC UTILITIES. " Act 2886, § 2 "Corporation." (c) The term "corporation," when used in this act, includes a corpora- tion, a company, an association and a joint stock association. "Person." (d) The term "person," when used in this act, includes an individual, a firm and a copartnership. "Transportation of persons." (e) The term "transportation of persons," when used in this act, in- cludes every service in connection with or incidental to the safety, com- fort or convenience of the person transported and the receipt, carriage and delivery of such person and his baggage. "Transportation of property." (f) The term "transportation of property," when used in this act, includes every service in connection with or incidental to the transporta- tion of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage and handling, and the transmission of credit by express corpora- tions. "Street railroad." (g) 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 prop- erty of every kind used in connection 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 constituting or used as a part of a commercial or inter- urban railway. "Street railroad corporation." (h) The term "street railroad corporation," when used in this act, in- cludes 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. "Railroad." (i) The term "railroad," when used in this act, includes every commer- cial, interurban and other railway other than a street railroad, and each and every branch or extension thereof, by whatsoever power operated, together with all tracks, bridges, trestles, rights of way, subways, tun- nels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment, and all other real estate, fixtures and personal proj)erty of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transporta- tion of persons or property. Act 2886, § 2 - GENERAL LAWS. 1734 "Railroad corporation." (j) 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, owning, controlling, operating or managing any railroad for compensation within this state. "Express corporation." (k) 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, engaged in or transacting the busi- ness of transporting any freight, merchandise or other property for com- pensation on the line of any common carrier or stage or auto stage line within this state. "Common carrier." (1) The term "common carrier," when used in this act, includes every railroad corporation; street railroad corporation; 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, receiv- ers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any vessel regularly engaged in the transportation of persons or property for compensation upon the waters of this state or upon the high seas, over regular routes between points within this state. "Pip€-line." (m) The term "pipe-line," when used in this act, includes all real es- tate, fixtures and personal property, owned, controlled, operated or man- aged in connection with or to facilitate the transmission, storage, distri- bution or delivery of crude oil or other fluid substances except water through pipe-lines. "Pipe-line corporation." (n) 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 compensation within this state. "Gas plant." (o) The term "gas plant," when used in this act, includes 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. "Gas 'Corporation." ( u) Tho term "gas corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees ap- 1735 PUBLIC UTILITIES, Act 2886, § 2 pointed by any court whatsoever, ownin«r, eontrollingf, 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. "Electric plant." (q) The term "electric plant," when used in this act, includes all real estate fixtures and personal property owned, controlled, operated or man- aged in connection with or to facilitate the production, generation, trans- mission, delivery or furnishing of electricity 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. "Electrical corporation." (r) The term "electrical 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 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. "Telephone line." (s) 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 facilitate communication by telephone, whether such communication is had with or without the use of transmission wires. "Telephone corporation." (t) The term "telephone 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 man- aging any telephone line for compensation within this state. "Telegraph line." (u) The term "telegraph line," when used in this act, includes all con- duits, ducts, poles, wires, cables, instruments and appliances, and all other real estate, fixtures and personal property owned, controlled, oper- ated or managed in connection with or to facilitate communication by telegraph, whether such communication is had with or without the use of transmission wires. "Telegraph corporation." (v) The term "telegraph corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees Act 2886, § 2 GENERAL LAWS. 1736 appointed by any court whatsoever, owning, controlling, operating or managing any telegraph line for compensation within this state. "Water system." (w) 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 estate, 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 manufacturing, or for municipal, domestic or other beneficial use. "Water corporation." (x) The term "water corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees ap- pointed by any court whatsoever, owning, controlling, operating or man- aging any water system for compensation within this state. "Vessel." (y) 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. "Wharfinger." (z) The term "wharfinger," when used in this act, includes every cor- poration 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. "Warehouseman." (aa) Tlic term "warehouseman," when used in this act, includes every corporation or person, their lessees, trustees, receivers or tr«istees ap- pointed by any court whatsoever, owning, controlling, operating or man- aging 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 dock, wharf or structure, owned, operated, controlled or managed by wharfinger. "Public utility." (bb) The term "public utility," when used in this act, includes every common carrier, pipe-line corporation, gas corporation, electrical corpora- tion, telephone corjioration, telegraph corporation, water corporation, wharfinger and warehouseman, where the service is performed for or the commodity delivered to the public or any portion thereof. The term 1737 ; PUBLIC UTILITIES. Act 2886, §§ 3, 4 "public or anj' portion thereof" as herein used means the public generally, or any limited portion of the public including a person, private corpora- tion, 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 carrier, pipe-line corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, wharfinger or warehouseman performs a service or delivers a comMiodity to the public or any portion thereof for which any compen- sation or payment whatsoever is received, such common carrier, pipe-line corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, wharfinger or warehouseman is hereby declared to be a public utility subject to the jurisdiction, control and regulation of the commission and the provisions of this act. Further- more, when any person or corporation f)erforms any service or delivers any commodity to any person or persons, private corporation or corpora- tions, municipality or other political subdivision of the state, which in turn either directly or indirectly, mediately or immediately, perform such service or deliver such commodity to or for the public or some portion thereof, such person or persons, private corporation or corporations and each thereof is hereby declared to be a public utility, and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this act. [Amendment approved June 14, 1913; Stats. 1913, p. 934.] Commission, how constituted. Term of office. President. § 3. (a) The railroad commission shall consist of five members, who shall be appointed by the governor from the state at large; provided, that the tliree commissioners in office on the tenth day of October, 1911, shall serve out the term for which they were elected, and that two ad- ditional 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, excepting that of the commissioners first appointed after the expiration of said terra one shall be appointed to hold office until the first day of January, 1917, two until the fir.st day of January, 1919, and two until the first day of January, 1921. The commissioners shall elect one of their number presi- dent of the commission. Vacancy, how filled. Removal of conunissioner. (b) Whenever a vacancy in the office of the 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 mem- bers elected to each house, may remove any one or more of said commis- sioners from office for dereliction of duty or corruption or incompetency. Attorney to commission. § 4. The commission shall have power to appoint as attorney to the commission an attorney at law of this state, who shall hold office during Act 2886, § § 5-7 gexeral laws. 1738 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 Cali- fornia 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 to do so by the commission, to intervene, if possible, in any actron or proceeding in which any such question is involved; to com- mence, prosecute and expedite the final determination of all actions and proceedings directed or authorized by the commission; to advise the com- mission 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. Secretary. Assistant secretary. § 5. 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 process, writs, warrants and notices, and to perform such other duties as the commission may prescribe. 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 assistant secretary shall- have power to administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents and testimony in any inquiry, investigation, hearing or pro- ceeding in any part of the state. [Amendment approved June 14, 1913; Stats. 1913, p. 938.] Employees of commission. § 6. The commission shall have power to employ, during its pleasure, such officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees as it may deem necessary to carry out the provi- sions of this act or to perform the duties and exercise the powers con- ferred by law upon the commission. Qualifications for commissioners and employees. § 7. Each commissioner and each j)erson appointed to a civil execu- tive 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 regula- tion 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 be- come the owner of such stocks or bonds or become pecuniarily interested 1739 PUBLIC UTILITIES. Act 2886, §§ 8-10 in such corporation otlierwise than voluntarily, he shall within a reason- able time divest himself of such ownership or interest; failing to do so, his office or employment shall become vacant. Offices, and meetings of the commission. Sessions to "be public. Seal. Office equipment. § 8. (a) The office of the commission shall be in the city and county of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month in said city and county of San Fran- cisco, and may also meet at such other times and in such other places as may be expedient and necessary for the proper performance 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 quar- ters or offices, and the expense thereof and in connection therewith shall be paid in the same manner as other expenses authorized by this act. The sessions of the commission shall be public. (b) The commission shall have a seal, bearing the following inscrip- tion: "Eailroad 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 shaU be paid for in the same manner as other expenses au- thorized by this act. Quorum. "When single commissioner may act. § 9. 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 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 commis- sioners when in session as a board shall be deemed to be the act of the commission; but any investigation, inquiry or hearing which the com- mission has power to undertake or to hold may be undertaken or held by or before any commissioner designated for the purpose by the commlis- sion, and every finding, order or decision made by a commissioner sio designated, pursuant to such investigation, inquiry or hearing, when ap- proved 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 com- mission. Salaries. § 10. (a) The annual salary of each commissioner shall he eight thousand (8,000) dollars. All 'officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees of the commission shall Act 2886, §§ 11-13 GENERAL LAWS. 1740 receive such compensation as may be fixed by the commission. The com- missioners, attorney, secretary, rate expert and assistant secretary shall be civil executive officers and their salaries as fixed by law or the com- mission 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 ap- proved by the commission, upon claims therefor to be audited by the board of control. Expenses. ^b) AH expenses incurred by the commission pursuant to the provi- sions 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. [Amendment approved June 14, 1913; Stats. 1913, p. 939.] Free transportation for commissioners and employees. § 11. The commissioners and the officers and employees of the commis- sion, 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 whole or in part to control or regulation by the commission, between points within this state, and such persons shall not be denied the right to travel ujwn 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. » Annual report. § 12. 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 year, together with such other facts, suggestions, and recommendations as it may deem of value to the people of the state. Charges by public utility must be reasonable. § 13. (a) All charges made, demanded or received by any public utility, or by any two or more public utilities, for any product or com- modity 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. Sufficient equipment must be provided. (b) Evcrv public utility shall furnish, provide and maintain such service, instrumentalities, equipment and facilities as shall promote the 1741 PUBLIC UTILITIES. Act 2886, § 14 safety, health, comfort and convenience of its patrons, employees and the public, and as shall be in all respects adequate, efficient, just and reasonable. Rules must be 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. Schedules of common carriers. Contents of schedules. Schedules to be exhibited in designated places. Form of schedules. § 14. (a) Every common carrier shall file with the commission and shall print and keep open to the public inspection schedules showing 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 sched- ules printed as aforesaid shall plainly state the places between which property and persons will be carried, and shall also contain the classifi- cation 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 facili- ties granted or allowed, and all rules or regulations 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 regula- tions 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 inspection by the public in every station or office of such carrier where passengers or property are respec- tively received for transportation, when such station or office is in charge of an agent, and in every station or office of such carrier where passen- ger tickets or tickets for sleeping, parlor car or other train accommoda- tions are sold or bills of lading or waybills or receipts for property are issued. Any or all of such schedules kept as aforesaid shall be immedi- ately 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 Act 2886, § 15 GENERAL LAWS. 1742 office. The form of every such schedule shall be prescribed bv the com- mission and shall conform in the ease of common carrieis 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 a.s may be to the form of schedules prescribed by the interstate commerce commission under said act. Schedules of public utilities other than common carriers. Limitation on rates to be fixed by public utilities, (b) Under such rules and regulations as the commission maj* prescribe, every public utility other than a common carrier shall file with the com- mission within such time and in such form as the commission may desig- nate, 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, regula- tions, 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 acquires 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 tenth 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 ap- proving or fixing rates, tolls, rentals or charges, from time to time, in excess of or less than those shewn by said schedules. Changes in form, etc., of schedules. (e) 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 regulations in respect to any matter in this section referred to. Changes in rates. Notice to the commission and to the public. § 15. Unless the commission otherwise orders, no change shall be made by any public utility in any rate, fare, toll, rental, charge or classi- fication, or in any rule, regulation or contract relating to or affecting any rate, fare, toll, rental, charge, classification or service, or in anv privi- lege or facility, except after thirty days' notice to the commission and to the public as herein provided. Such notice shall be given by filing with the commission and iieeping open for public inspection new sched- ules stating plainly the change or changes to be made in the schedule or 1743 PUBLIC Utilities. Act 2886, §§ 16, 17 schedules then in force, and the time when the change or changes will go into effect. The coniniission, 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 published. 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 commis- sion, by some character to be designated by the commission, immediately preceding or following the item. Joint schedules, names of parties must appear. § 16. The names of the several public utilities which are parties to any joint tariff', rate, fare, toll, contract, classification or charge shall be specified in the schedule or schedules showing the same. Unless other- wise ordered by the commission, a schedule showing such joint tariff, rate, fare, toll, contract, classification or charge need be filed with the com- mission by only one of the parties to it; provided, that there is also filed with the commission in such form as the commission may require a con- currence in such joint tariff, rate, fare, toll, contract, classification, or charge by each of the other parties thereto. Rate schedules must be filed. § 17. (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 accord- ance with the provisions of this act. Only schedule rates to be charged. 2. No common carrier shall charge, demand, 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 sched- ules filed and in effect at the time; nor shall any such carrier refund or rc>mit 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 extend to any corporation or person any privilege or facility in the transportation of passengers or property except such as are regu- larly and uniformly extended to all corporations and persons. Free tickets prohibited. Persons to whom reduced rates may be given. Newspapers. Express matter at reduced rates. Telegraph or tele- phone corporations. ?,. No common carrier subject to the provisions of this act shall, di- rectly or indirectly, issue, give or tender any free ticket, free pass or Act 2886, § 17 GENERAL LAWS. 1744 free or reduced rate transportation for passengers between points within this state, except to its officers, agents, employees, attorneys, physicians and surgeons, and members of their families; to ministers ower, upon a hearing, Lad iipoil its own motion or upon complaint, to investigate a single. rate, fare, toll, rental, charge, classification, 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. Commission may establish through routes and fix joint rates for common carriers within this state. Stage or auto stage lines. § 33. Whenever the commission, after a hearing had upon its own mo- tion 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 route and joint rate, fare or charge between such points, the commission 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 commission over such through routes, the commission shall, after hearing, by supplemental 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 1753 PUBLIC UTILITIES. Act 2886, §§34-36 through route hetween the termini of the through route established, such railroad shall have the right to require 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 iliseretion, allow to such railroad more than its local rate, fare or charge whenever 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 divi- sion of such joint rates, fares or charges. Interstate rates, investigation by commission. § 3-4. The commission shall have the power to investigate all exist- ing 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 when the same are, in the opinion of the commission, excessive or discriminatory or in violation of the act of Congress enti- tled "An act to regulate commerce," approved February 4, 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 commerce commission, the commission may apply by peti- tion or otherwise to the interstate commerce commission or to any court of competent jurisdiction for relief. Determination of just rules and regulations and. proper equipment and service. § 35. Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that the rules, regulations, prac- tices, 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, in- adequate or insufficient, the commission shall determine the just, reason- able, safe, proper, adequate or sufficient rules, regulations, practices, equipment, appliances, facilities, service or methods to be observed, fur- nished, constructed, enforced or employed and shall fix the same by its order, rule or regulation. The commission shall prescribe rules and regu- lations for the perform'ance of any service or the furnishing of any commodity of the character furnished or supplied by any public utility, and, on proper demand and tender of rates, such public utility shall fur- nish such commodity or render such service within the time and upon the conditions provided in such rules. Additions or changes in physical property of public utilities may be or- dered. § 36. Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that additions, extensions, rejiairs or improvements to, or changes in, the existing plant, equipment, appara- Act 2886, § 37 general laws. 1754 tus, 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, im- provements or changes to 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, improvements or changes, or any new structure or structures which the commission 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 struc- tures 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, extensions, 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 agreement has been made for a division or apportionment of the cost or expense of such additions, extensions, repairs, improvements or changes, or new structure or structures, the com- mission 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. Regnlation of cars and trains, motive power, time schedules and stopping places. § 37. Whenever the commission, after a hearing had upon its own mo- tion or upon complaint, shall find that any railroad corporation or street railroad corporation docs not run a sufficient number of trains or cars, or possess or operate sufficient motive power, reasonably to accommodate the traffic, passenger or freight, transported by or offered for transporta- tion 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 at proper places, or does not run any train or trains, car or cars, 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. 1755 PUBLIC UTILITIES. Act 2886, §§ 38, 39 Connections may be ordered between tracks of railroad or street railroad corporations. § 38. Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that the public convenience and necessity would be subserved by having connections 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 specified, 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 rail- road shall begin or terminate or run near to any other railroad or street railroad. After the necessary franchise 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. Railroad corporation refusing to provide connection or spur may be re- quired to do so. § 39. (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 cor- poration has refused to provide such connection or spur and that the applicant is entitled to have the same provided for him under said sec- tion 25, the commission shall make an order requiring 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 connect 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 pri- mary expense of such private track, tracks or railroad, or the connec- tion 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 connection and use can be made without unreasonable interference with the rights of the party or parties incurring such primary expense. Must switch cars of connecting corporation. (b) The commission shall likewise have the power to require one rail- road 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. Act 2886, §§ 40-42 general laws. 1756 Connections between telephone or telegraph lines and joint rates may be established. § 40. Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that a physical connection can reasonably be made between the lines of two or more telephone corpora- tions or two or more telegraph corporations whose lines can be made to form a continuous line of communication, by the construction and main- tenance of suitable connections for the transfer of messages or conversa- tions, and that public convenience and necessity will be subserved there- by, 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 connec- tion 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 con- versations be transmitted and messages transferred over sych 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 connection 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. Public utility may be required to allow andther to use equipment. § 41. 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 be- longing 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 con- duits, 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. Safety devices. § 42. The commission shall have power, after a hearing had upon its own motion or upon complaint, bj' general or special orders, rules or 1757 PUBLIC UTILITIES. Act 2886, §§ 43, 44 regulations, or otherwise, to require every public utility to construct, maintain and operate its line, plant, system, equipment, apparatus, tracks and premises in such manner as to promote and safeguard the health and safety of its employees, passengers, customers, and the public, and to this end to prescribe, among other things, the installation, use, main- tenance and operation of appropriate safety or other devices or ap- pliances, including 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. [Amendment approved June 14, 1913; Stats. 1913, p. 942.] Crossings. § 43. (a) No public road, highway or street shall hereafter be con- structed across the track of any railroad corporation at grade, nor shall the track of any railroad corporation be constructed across a public road, highway or street at grade, nor shall the track of any railroad corpora- tion be constructed across the track of any other railroad or street rail- road corporation at grade, nor shall the track of a street railroad cor- poration 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 law- fully existing tracks. The commission shall have the right to refuse its permission or to grant it upon such terms and conditions as it may pre- scribe. Manner and grade of crossings to be determined by commission, (b) The commission 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 crossing 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 re- quire where, in its judgment, it would be practicable, a separation of grades at any such crossing heretofore or hereafter established, 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 corpora- tions and the state, county, municipality or other public authority in interest. Investigation of accidents by commission. Accidents to be reported by public utility. § 44. The commission shall investigate the cause of all accidents occurring within this state upon the property of any public utility or Act 2886, §§ 45, 46 general laws. 1758 directly or indirectly arising from or connected with its maintenance or operation, 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, tinder 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. Handling of freight. Equipment. Time of loading and unloading. De- murrage. § 45. (a) The commission shall have power to provide by proper rules and regulations the time within which all railroad corporations shall furnish, 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 re- ceive freight from the freight-rooms, and to provide penalties to be paid for failure on the part of the railroad corporations, consignors and con- signees to conform to such rules. Charges for demurrage shall be uniform eo 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. Express packages. Telegraph and telephone messages. (b) The commission shall also have power to provide the time within which express packages shall be received, gathered, transported and delivered at destination, and the limits within which express packages shall be gathered and distributed and telegraph and telephone messages delivered without extra charge. Electricity, gas and water. Measurements, standards of quality, and man- ner of service. § 46. (a) The commission shall have |X)wer, after hearing had upon its own motion or upon complaint, to ascertain and fix just and reason- able standards, classifications, regulations, practices, measurements or service 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 product, com- modity or service furnished or rendered by any such public utility; to prescribe reasonable regulations for the examination and testing of such 1759 ruBLic UTILITIES. Act 2886, § 47 product, commodity or service, and for the measurement 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. Authority to enter premises of public utility. (b) The commissioners and their officers and employees 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 prem- ises any apparatus and appliances necessary therefor. The agents and em- ployees of such public utility shall have the right to be present at the making of such examinations and tests. Consumer may have appliance tested. (c) Any consumer or user of any product, commodity or service of a public utility may have any appliance 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 ap- pliances on the request of the consumer 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. Power to ascertain value of public utilities. Proceedings by public body to acquire public utility. § 47. 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 ascer- tain all new constructions extensions and additions to the property of every public utility. Any county, city and county, incorporated city or town or municipal water district may at any time file with the commis- sion 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 otherwise, 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 i"ntended to acquire, and may pray that the commission fix and deter- mine 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 portions thereof sought to be acquired. Or the legis- Act 2886, § 47 GfENERAL LAWS. 17G0 lative or other governing body of any such county, city and county, in- corporated city or town, or municipal water district may file with the commission a petition setting forth its intention to initiate such proceed- ings as may be required under the law governing such county, city and county, incorporated city or town or municipal water district, for the pur- pose of submitting to the voters of said county, city and county, incor- porated city or town, or municipal water district a proposition to acquire under eminent domain proceedings, or otherwise, any existing public util- ity and the lands, property and rights of any character whatsoever eon nected 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 concern ing 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 iitility and the lands, property 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, incorporated city or town or municipal water district must commence an action in a court of competent jurisdiction and in a manner 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 stipula- tion 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. In the case of a petition of said legis- lative, or other governing body of any county, city and county, incor- porated 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 sixt}' 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, 1761 PUBLIC UTILITIES. Act 2886, § 47 or any such part or portion thereof, the said legislative or other governing body must so initiate such proceedings, 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, incorporated city or town, or municipal water district, shall thereafter, as required by the law governing such county, city and county, incorporated city or town or municipal water district, vote in favor of any proposition to acquire under eminent domain pro- ceedings 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 acquisition, commence an action in a court of competent jurisdiction, and in a manner in accordance with the provisions of law, to take under eminent 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 stipu- lation consenting and agreeing to accept the compensation so fixed by the commission to be paid by the said county, city and county, incor- porated 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, incor- porated 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 com- mencing such proceedings in eminent domain; provided, however, that in any case where the law governing any such county, city and county, in- corporated city or town, or municipal water 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 governing body has so filed such a petition with the commission, as above described, may, within sixty days after the commis- sion 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 in 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, 111 Act 2886, § 47 general laws. 1762 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. Said county, city and county, in- corporated 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 com- mencing such proceedings in eminent domain. 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 with 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 por- tion? thereof, the amount fixed by the commission as the just compensa tion 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, property and rights thereof, or any such parts or por- tions 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 water district must commence the action herein provided for within the time herein provided for. In siich 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, incor- porated city or town, or municipal water district, as provided by law, fixing the amount that shall be paid as the just compensation for the taking of such existing public utility and the lauds, property and rights 1763 PUBLIC UTILITIES. Act 2886, § 47 thereof, or any parts or portions thereof, as the amount fixed and de- termined by the commission. The judgment shall include a provision, in substance, that said judgment is subject to modification on account of any unreasonable depreciation or deterioration in value of the prop- erty taken, or on account of any loss which might be suffered by the owner of said public utility 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 municipal water district may file with the commission a petition setting forth that fact, and praying that the commission de- termine and fix the amount of said unreasonable depreciation or de- terioration. The commission 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 suiBcient 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 manner as provided in section 70 of this act. The commission shall thereupon 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 ascertainment 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 orde%- 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 suflScient to compensate for the said loss. The commission shall on the day so fixed, unless for good cause the hear- ing is continued, proceed to ascertain whether there has been any such loss, and if so, how much. The hearing shall be conducted as provided in section 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 ascertain- ment 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 com- Act 2886, § 47 general laws. 1764 pensation 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 findings of the commission fixing the just compensation to be paid or the amount that should thus be deducted from the judgment on account 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 re- view 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 water district. Should a writ of review be obtained from the supreme court of the state of California in accordance with Tie provisions of section 70 hereof, the time for the filing of siieh 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 peti- tion 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 town 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 compensation 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 munici- pal 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 conferred and in the manner herein set forth, the com- mission shall make and enter such an order as so petitioned for by the 1765 PUBLIC UTILITIES. Act 2886, § 48 owner of such existing public utility. Should the supreme court, upon a writ of review being obtained, decide that in any manner the commis- sion has not lawfully pursued its power hereby conferred or conferred in this act, the supreme court shall make its findings and refer the mat- ter back to the commission for correction or further action. Upon such writ coming down to the commission it shall proceed, as in the first in- stance, to correct 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 provided for in the law of eminent domain of this sfate. The rights herein conferred upon any county, city and county, incorporated city or town or municipal water district or upon the legislative, or other govern- ing 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 district, 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 construed as repealing any law of this state providing for such eminent domain proceedings. [Amendment approved June 11, 1913; Stats. 1913, p. 684.] General supervision of accounts of public utilities. § 48. The commission shall have power to establish a system of ac- counts 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 accounts, 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 neces- sary to carry out any of the provisions of this act. The system of ac- counts 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 4, 1SS(, and the acts Act 2886, §§ 49, 50 general laws. 1766 amendatory thereof and supplementary thereto, with the systems and forms from time to time established for such corporations b\^ 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 required by the interstate com- merce commission. The commission may, after hearing had upon its own motion or upon complaint, prescribe by order the accounts in which particu- lar 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 ex- planatory of and supplemental to the accounts, records or memoranda prescribed by the commission. Depreciation accounts. § 49. 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, regulations 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, determined and fixed, and shall set aside the moneys so provided for out of earnings and carry the same in a deprecia- tion fund and expend such fund onl,v for such purposes and under such rules and regulations, both as to original expenditure and subsequent replacement as the commission may prescribe. The income from invest- ments of moneys in such fund shall likewise be carried in such fund. Construction work to be undertaken only with approval of commission. Interference between public utilities. § 50. (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 railroad, 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, con- tiguous to its street railroad, or line, plant or system, and not thereto- fore served by a public utility of like character, or for an extension 1767 PUBLIC UTILITIES. Act 2886, § 50 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 com- plaint of the public utility claiming to be injuriously affected, may, after hearing, make such order and prescribe such terr»is and conditions for the location of the lines, plants or systems affected as to it may seem just and reasonable. Exercise of right or privilege not heretofore exercised. (b) No public utility of a class specified in subsection (a) hereof shall henceforth exercise any right or privilege under any franchise or permit hereafter granted, or under any franchise or permit heretofore granted but not heretofore actually exercised, or the exercise of which has been suspended for more than one year, without first having ob- tained from the commission a certificate that public convenience 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 reasonable diligence in propor- tion 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 commiss°ion may prescribe, to the completion of such work, and may, after such com- pletion, exercise such right or privilege; and provided, further, that this section shall not be construed to validate any right or privilege now in- valid or hereafter becoming invalid under any law of this state. Hearing by commission, and issuance of certificate for construction or operation. (c) Before any certificate may issue, under this section, a certified copy of its articles of incorporation or charter, if the applicant be a cor- poration, shall be filed in the office of the commission. Every applicant for a certificate shall file in the office of the commission such evidence as shall be required by the commission to show 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 con- venience and necessity may require. If a public utility desires to exer- cise a right or privilege under a franchise or permit which it contemplates F.eeuring, but which has not as yet been granted to it, such public utility Act 2886, § 51 GENERAL LAWS. 1763 may apply to the commission for an order preliminary to the issiie 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 com- mission of evidence satisfactory to it that such franchise or permit has been secured by such public utility, the commission shall thereupon issue such certificate. Property or franchise of public utility to "be disposed of only by author- ity of commission. § 51. (a) No railroad corporation, street railroad corporation, pipe- line corporation, gas corporation, electrical corporation, telephone cor- poration, 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, street railroad, line, plant or system, neces- sary or useful in the performance of its duties to the public, or any franchise or permit or any right thereunder, nor by any means whatso- ever, 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 having first secured from the commis- sion 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 re- vive 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 fran- chise or permit, or to waive any forfeiture. Nothing in this subsection contained shall be construed to prevent the sale, lease or other disposi- tion by any public 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 which 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. Transfer of stock between public utilities. (b) 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 haviug 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 1769 PUBLIC UTILITIES. Act 2886, § 52 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. Stocks, bends, etc. § 52. (a) The power of public utilities to issue stocks and stock cer- tificates, and bonds, notes and other evidences of indebtedness and to create liens on their property situated within this state is a special priv- ilege, the right of supervision, regulation, restriction and control of which is and shall continue to be vested in the state, and such power shall be exercised as provided by law and under such rules and regu- lations as the commission may prescribe. Proceedings on Issuance of stocks, bonds, notes and evidences of in- debtedness. Capitalization of corporate right or franchise or of consolidation or lease, (b) 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 con- struction, completion, extension or improvement of its facilities, or for the improvement or maintenance of its service, or for the discharge or lawful refunding of its obligations, or for the reimbursement of moneys actually expended from income or from any other moneys in the treasury of the public utility not secured by or obtained from the issue of stocks or stock certificates, or bonds, notes or other evidences of indebtedness of such public utilit}', within five years next prior to the filing of an application with the commission for the required authorization, for any of the aforesaid purposes except maintenance of service and replace- ments, in cases where the applicant shall have kept its accounts and vouchers for such expenditures in such manner as to enable the commis- sion 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 in- quiry or investigation, and examine such witnesses, books, papers, docu- ments and contracts 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 Act 2886, § 52 general laws. 1770 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 commission may authorize issues of bonds, notes or other evidences of indebtedness, less than, equivalent to or greater than the authorized or subscribed capital stock of a public utility corporation, and the pro- visions of section 309 and 456 of the Civil Code of this state, in so far as they contain inhibitions against the creation by corporations of in- debtedness, evidenced by bonds, notes or otherwise, in excess of their total authorized or subscribed capital stock shall have no application to public utility corporations. No public utility shall, without the con- sent 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 mod- ification thereof. A public utilitj' may issue notes, for proper purposes and not in violation of any provision of this act or any other act, pay- able at periods of not more than twelve months after the date of issu- ance 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 right 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 consideration 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 indebtedness against or as a lien upon any contract for consolidation or merger. Accounting for disposition of proceeds. (c) The commission shall have the power to require public utilities to account for the disposition of the proceeds 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 proceeds for the purpose or purposes specified in its order. Stocks, bonds, etc., unlawfully issued shall be void. (d) 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 iu effect shall be 1771 PUBLIC UTILITIES. Act 2886, § 52 void, and likewise all stock and every stock certificate, and every bond, note or other evidence of indebtedness, of a public utility, issued with the authorization of the commission, but not conforming in its provi- sions 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 indebtedness, except as to a corporation or person taking the same otherwise than in good faith and for value and w^ithout actual notice. Penalty for lUilawfiU issue or disposition of proceeds by public utility. (e) Every public utility which, directly or indirectly, issues or causes to be issued, any stock or stock certificate, or bond, note or other evi- dence of indebtedness, in nonconformity 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 which applies the proceeds from the sale thereof, or any part thereof, to any purpose other than the purpose or purposes specified in the commission's order, as herein provided, or to any purpose specified in the commission'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. Personal penalty for participation in unlawful iissuance or disposition of proceeds. (f ) Every officer, agent or employee of a public utility, and every other person who knowingly authorizes, directs, aids in, issues or executes, or causes to be issued or executed, 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 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 repre- sentation or with knowledge of its falsity files or causes to be filed with the commission any false statement or representation, which said state- ment or representation so made, filed or caused to be filed may tend in any way to influence the commission to make an order authorizing the issue of any stock or stock certificate, or any bond, note or other evi- dence of indebtedness, or which results in procuring from the commis- sion the making of any such order, or who, with knowledge that any false statement or representation 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 stock certificate, or bond, note or other evidence of indebtedness, or who, directly or indirectly, knowingly ap- plies, 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 Act 2886, §§ 53, 54 general laws. 1772 evidence of indebtedness, to any purpose not specified in the commis- sion's order, or to any purpose specified in the commission's order in excess of the amount authorized for such purpose, or who, with knowl- edge 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. State not to guarajitee payment. (g) 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 guarantee, in any manner whatsoever, any stock or stock certificate, or bond, note or other evidence of in- debtedness, authorized, issued or executed under the provisions of this act. Application of act to all issues. (h) All stocks and stock certificates, and bonds, notes and other evi- dences 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 stockholders 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. Rules for hearings and investigations. § 53. All hearings and investigations 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 nor any commissioner shall be bound by the tech- nical rules of evidence. 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. Power to issue process. § 54. The commission and each commissioner shall have power to issue writs of summons, 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 pro- cess of courts of record, or by any person designated for that purpose by the commission or a commissioner. The person executing any such process shall receive such compensation as may be allowed by the com- 1773 PUBLIC UTILITIES. Act 2886, § 55 mission, not to exceed the fees now prescribed by law for similar ser- vices, and such fees shall be paid in the same manner as provided herein for payment of the fees of witnesses. General powers of examination. Fees and mileag-e of witnesses. § 55. (a) The connnission 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 who 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 re- quired to attend at the request of any party shall be subpoenaed by the commission, his fees and mileage shall be paid from the funds appropri- ated 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 required 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 therefor insti- tuted by the person to whom such fees are payable. No witness fur- nished with free transportation shall receive mileage for the distance he may have traveled on such free transportation. Powers of superior court in relation to proceedings by commission. Remedy cumulative. (b) 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, accounts and documents, as required by any subpoena issued by the commission or any commissioner. The commission or the commissioner 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 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 said papers, 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 the papers required by the subpoena, before Act 2886, § 56 general laws. 1774 the commission 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 ap- pear 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 tes- tified 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 com- missioner, the court shall thereupon enter an order that said witness appear before the commission or said commissioner at the time and place fixed in said 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 subsection is cumu- lative, and shall not be construed to impair or interfere with the power of the commission or a commissioner to enforce the attendance of wit- nesses and the production of papers, and to punish for contempt in the same manner and to the same extent as courts of record. Depositions of absent witnesses. (c) 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 man- ner prescribed by law for like depositions in civil actions in the supe- rior courts of this state and to that end may compel the attendance of witnesses and the production of books, waybills, documents, papers and accounts. Exemption of witnesses from prosecution. (d) No person shall be excused from testifying or from producing any book, waybill, document, paper or account in any investigation or in- quiry by or hearing before the commission or any commissioner when ordered to do so, upon the ground that the testimony or evidence, book, waybill, document, paper or account required of him may tend to in- criminate 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 evi- dence; provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury conunitted by him in his tes- timony. Nothing herein contained shall be construed as in any man- ner giving to any public utility immunity of any kind. Copies of documents. § 56. (a) Copies of all official documents and orders filed or depos- ited according to law in the oflice of the commission, certified by a 1775 PUBLIC UTILITIES. Act 2886, § 57 lommissioner, the secretary or the assistant secretary under the official seal of the commission to be true copies of the originals, shall be evi- dence in like manner as the originals. Orders. Orders may be recorded. (b) Every order, authorization or certificate issued 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 cer- tificate, certified by a commissioner, the secretary or the assistant secre- tary 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 property 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, au- thorization 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, [Amendment approved June 14, 1913: Stats. 1913, p. 942.] Fees. No fees from public officers. § 57. The commission shall charge and collect the following fees: for copies of papers and records not required to be certified or other- wise authenticated by the commission, ten cents for each folio; for cer- tified 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 report 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 dol- lars 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 re- tire any bond, note or other evidence of indebtedness on which a fee has theretofore been paid to the commission; and provided, furtlier, that if the commission modifies the amount 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 col- lected for copies of papers, records or official documents, furnished to Act2886,§§ 58-60 general laws. 1776 public officers for use in their official capacity, or for tlie annual reports of the commission in the ordinary course of distribution, but the com- mission may fix reasonable charges for publications issued under its au- thority. 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 "Eailroad commission fund," which fund is hereby created. [Amend- ment approved June 14, 1913; Stats. 191.3, p. 943.] Eight to inspect accounts and documents and to examine employees of public utility. § 58. The commission, each commissioner and each officer and per- son employed by the commission shall have the right at any and all times, to inspect the accounts, books, papers and documents of any pub- lic utilitj', and the commission, each commissioner and any officer of the commission or any employee authorized to administer oaths shall have power to examine 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 commission demanding such inspection shall produce under the hand and seal of the commission his authority to make such inspection; and provided further, that a written record of the testimony or statement so given under oath shall be made and filed with the commission. Office of public utility. § 59. (a) Each public utility shall have an office in a county of this state in which its property 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 conditions as may be prescribed by the commission. Production of books. (b) The commission may require, by order served on any public util- ity in the manner provided herein for the service of orders, the produc- tion within this state at such time and place as it may 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 commission or under its direction. [Amendment approved June 14, 1913; Stats. 1913, p. 943.] Complaints against public utilities. Manner of making in case of cer- tain corporations. Service upon coiporation of copy of complaint. Time set for hearing. § 60. Complaint may be made by the commission of its own motion or bv any corporation or person, chamber of commerce, board of trade, 1777 PUBLIC UTILITIES. Act 2886, § 61 or any civic, commercial, mercantile, traffic, agricultural or manufactur- ing association or organization or any body politic or municipal corpo- ration, by petition or complaint in writing, setting forth any act or tiling done or omitted to be done by any public utility including any rule, regulation or charge heretofore established or fixed bj' or for any public utility,, in violation, or claimed to be in violation, of any provi- sion 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 vio- lation occurred, or not less than twenty-five consumers 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 com- mission shall not be required to dismiss any complaint because of the absence of direct damage to the complainant. Upon the filing of a com- plaint, the commission shall cause a copy thereof to be served upon the corporation or person complained of. Service in all hearings, investi- gations 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 hear- ing, unless the commission shall find that public necessity requires that Buch hearing be held at an earlier date. Hearing, and order of commission. Service of order upon corporation. Record of proceedings. Right of representation at hearing. Record on review. § 61. (a) At the time fixed for any hearing before the commission or a commissioner, 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 intervene, shall be entitled to be heard and to introduce evidence. The commission shall issue process to enforce the attendance of all necessary 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 112 Act 2886, §§ 62, 63 general laws. 1778 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 cannot, in the judgment of the com- mission, 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, 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 an}- commissioner on any formal hearing had, and all testimony shall be taken down by a reporter appointed by the commission, and the parties shall be entitled to be heard in person or by attorney. In ease of an action to review any order or decision of the commission, a tran- script of such testimony, together with all exhibits or copies thereof introduced and all information secured by the commission on its own initiative and considered 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 por- tion only of the evidence shall be certified to the supreme court for its judgment, whereupon such stipulation and the question or questions and the evidence therein specified shall constitute the record on review. Complaint by public utility. § 62. Any public utility shall have a right to complain on any of the grounds upon which complaints are allowed to be filed by other par- ties, and the same procedure shall be adoitted and followed as in other cases, except that the complaint may be heard ex parte by the commis- sion or may be served upon any parties designated by the commission. Increase in charges prohibited unless by finding of commissioiL § 63. (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, except upon a showing before the com- mission and a finding by the commission that such increase is justified. Determination by commission of propriety of schedule submitted by pub- lic utility. Establishment of regular schedule, (b) Whenever there shall be filed with the commission any schedule stating an individual or joint rate, fare, toll, rental, charge, classifica- tion, contract, practice, rule or regulation, not increasing or resulting in an increase in any rate, fare, toll, rental or charge, the commission shall have power, and it is hereby given authority, either upon com- 1779 PUBLIC UTILITIES. Act 2886, §§ 64-66 plaint or upon its own initiative witliout 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, contract, 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 regulation would otherwise go into effect unless the commission, in its discretion, extends the period of suspension for a further period not ex- ceeding six months. On such hearing the commission shall establish the rates, fares, tolls, rentals, charges, classifications, contracts, prac- tices, 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 or 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, classifications, 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 pro- vided, to alter or modify the same. Coinmission may rescind or amend prior orders. § 64. The commission 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 de- cision shall, when served upon the public utility affected, have the same effect as is herein provided for original orders or decisions. Orders, when conclusive. § 65. In all collateral actions or proceedings, the orders and decisions of the commission which have become final shall be conclusive. Eehearing by commission. Application does not excuse from obeying order of commission. § 66. After any order or decision has been made by the commission, any party to the action or proceeding, or any stockholder or bondholder or other party pecuniarily interested in the public utility affected, may apply for a rehearing in respect to any matters determined in said ac- tion or proceeding and specified in the application 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 Act 2886, § 67 general laws. 1780 of action arising out of any order or decision of the commission shall accrue in any court to any corporation 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 applica- tion shall set forth specifically the ground or grounds on which the applicant considers said decision or order to be unlawful. Xo corpora- tion or person shall in any court urge or rely on any ground not so set forth in said application. Any application for a rehearing made ten days or more before the effective date of the order as to which a rehear- ing is sought, shall be either granted or denied before such effective date, of 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 elate 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 order involved, the commission shall forthwith proceed to hear the mat- ter with all despatch 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 aflSrmed. An application for rehearing shall not excuse any corporation or person from complying with and obeying any order or decision, or any requirement of any order or decision of the commission theretofore made, or operate in anj' manner to stay or postpone the en- forcement thereof, except in such cases and upon such terms as the commission may by order direct. If, after such rehearing and a con- sideration 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 commission may abrogate, change or modify the same. An order or decision made after such re- hearing 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. Supreme court may review decision of commission. Procedure. § 67. Within thirty days after the application for a rehearing is de- nied, 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 tliis state for a writ of certiorari or review (herein- after 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 re- turnable not later than thirty days after the date of the issuance 1781 PUBLIC UTILITIES. Act 2886, § 68 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 su- preme 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 pursued its authority, including a deter- mination 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 commis- sion on questions of fact shall be final and shall not be subject to re- view; such questions of fact shall include ultimate facts and the findings and conclusions of the commission 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 affirm- ing or setting aside the order or decision of the commission. The pro- visions of the Code of Civil Procedure of this state relating to writs of review shall, so far as applicable and not in conflict with the provisions of this act, apply to proceedings institut?d in the supreme court under the provisions of this section. No court of this state (except the su- preme 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, restrain or interfere with the commission in the performance of its offi- cial duties; provided, that the writ of mandamus shall lie from the supreme court to the commission in all proper cases. Suspension by supreme court of order of commission during pendency of review. § 68. (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 pendenc}' of such writ, the supreme court in its discretion may stay or suspend, in whole or in part, the operation of the commis- sion's order or decision. (b) 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 suspending 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. Suspending bond must be executed by public utility. Moneys involved must be paid into court. (c) In case the order or decision of the commission is stayed or sus- pended, the order of the court shall not become effective until a Act 2886, §68 general laws. 1^82 suspending bond shall first have been executed and filed with, and ap- proved by the commission (or approved, on review, by the supreme court), payable to the people of the state of California, and sufficient in amount and security to insure the prompt payment, by the party peti- tioning for the review, of all damages caused by the delay in the en- forcement of the order or decision of the commission, and of all moneys which any person or corporation may be compelled to pay, pending the review proceedings, for transportation, transmission, product, commod- ity 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 staj's or suspends the order or decision of the commis- sion in any manner 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 case, or into some bank or trust company paying interest on deposits, under such conditions as the court may prescribe, all sums of money which it may collect from any corporation or person in excess of the sum such corporation or person would have been compelled to pay if the order or decision of the commission had not been stayed or suspended. Accounting for excess charges. Additional security. Settlement upon final decision. (d) In case the supreme court stays or suspends any order or decision lowering any rate, fare, toll, rental, charge or classification, the com- mission, upon the execution and approval of said suspending bond, shall forthwith require the public utility affected, under penalty of the immediate enforcem.ent of the order or decision of the commission (pending the review and notwithstanding the suspending order), to keep such accounts, verified by oath, as may, in the judgment of the com- mission, 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 addi- tional security on, or to increase the said suspending bond, whenever 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 com- mission. If any such moneys shall not have been claimed by the cor- 1783 PUBLIC UTILITIES. Act 2886, §§ 69, 70 porations or persons entitled thereto within one year from the final de- cision of the supreme court, the commission shall cause notice to such corporations or persons to be given by publication, once a week for two successive weeks, in a newspaper of general circulation, printed and published in the city and county of San Francisco, and such other news- paper or newspapers as may be designated by the commission, said notice to state the names of the corporations 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 commis- sion, into the state treasury for the benefit of the general fund. Preference over other causes on court calendar. § 69. 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, irrespective of position on the calendar. The same preference shall be granted upon application of the attornej' of the commission in any action or proceeding in which he may be allowed to intervene. Hearing on determination of value of property of public utility. Notice. Preliminary examination. Evidence. Findings. Subject to review by supreme court. § 70. For the purpose of ascertaining the matters and things specified in section 47 of this act, concerning 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 any hearing is had, the commission shall give the public utility affected thereby, at least thirty days' written notice specify- ing the time and place of such hearing, and such notice shall be suffi- cient to authorize the commission to inquire into the matters designated in this section and in said section 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 util- ities affected shall be entitled to be heard and to introduce evidence at such hearing or hearings. 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 before it which in its judgment have bearing on the value of the property of the public utility affected. Such findings shall Act 2886, § 71 GENERAL LAWS. 178i be subject to review by the supreme court of this state in the same man- ner and within the same time as other orders and decisions of the com- mission. 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 any county, city and county, municipality or other body politic and the public utility affected may be interested whether arising under the provisions of this act or otherwise, and such findings, when so introduced, shall be conclusive evidence of the facts therein stated as of the date therein stated under conditions then exist- ing, and such facts can only be contaftverted hy showing a subsequent change in conditions bearing upon the facts therein determined. The commission may from time to time cause further hearings and investi- gations to be had for the purpose of making revaluations or ascertaining the value of any betterments, improvements, additions or extensions made by any public utility subsequent to any prior hearing or investi- gation, and may examine into all matters 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 .«uch findings made at such supplemental hearings or in- vestigations shall be considered in connection with and as a part of the original findings, except in so far as such supplement^il findings shall change or modify the findings made at the original hearing or investiga- tion. Reparation for overcharge by public utility. § 71. (a) When complaint has been made to the commission con cerning any rate, fare, toll, rental or charge for any product or com- modity furnished or service performed by any public utility, and the commission has found, after investigation, that the public utility has charged an excessive or discriminatory amount for such product, com- modity 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. Recovery of pasrment of reparation. Time limit for complaint and re- covery. Remedy cumulative, (b) If the public utility does not comply with the order for the pay- ment 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 concerning excessive or discriminatory charges shall be filed with the commission within two years from the time the cause of 1785 PUBLIC UTILITIES. Act 2886, §§ 72-74 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. Duty of commission to compel enforcement of laws. Duty of attorney general or district attorney. § 72. 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 prosecuted 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, hear- ing 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 constitution and statutes of this state affecting public utilities and for the punishment of all violations thereof. Liability of public utility for damages caused by unlawful acts or omis- sions. § 73. (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 commission, such public utility shall be liable to the persons or corporations affected thereby for all loss, dam- ages or injury caused thereby or resulting therefrom, and if the court shall find that the act or omission was willful, the court may in addi- tion 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 affect 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. Effect on actions under other laws. § 74. (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 corpora- tion for any right, penalty or forfeiture which may have arisen or ac- crued or may hereafter arise or accrue under any law of this state. Act 2886, § 75 general laws. 1786 Penalties cumulative. (b) 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 aifect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility, or any officer, di rector, agent or employee thereof, or any other corporation or person, or be a bar to the exercise by the commission of its power to puuish for contempt. Mandamus or injunction proceedings at instance of commission. Action in superior court. Judgment. Appeal to supreme court. § 75. Whenever the commission shall be of the opinion that any public utility is failing or omitting or about to fail or omit, to do any- thing 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 commission, 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 an}', has its principal place of business, or in which the jjcrson, if any, comjdained of, resides, in the name of the people of the state of Cali- fornia, for the purpose of having such violations or threatened viola- tions stopped and ])revented, either by mandamus or injunction. The attorney of the commission shall thereupon begin such action or pro- ceeding by petition to suL-h superior court, alleging the violation or threatened violation complained of, and praying for appropriate relief by way of mandamus or injunction. It shall thereupon be the duty of the court to sjjecify 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 immediately inquire into the facts and circumstances of the case. Such corporations or persons as the court may deem necessary or proper to be joined as parties, 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 dismiss the action or proceeding or direct that the wn-it of mandamus or injunction issue or be made I>ermancnt 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 judgnuMit in the same manner and with the same cfToct, subject to the provisions of this act, as appeals are taken from judgments of the superior court in other actions for man- damus or injunction. 1787 PUBLIC UTILITIES. Act 2886, §§ 76-78 Penalties for offenses by public utility. Responsibility for act or omis- sion of employees. § 76. (a) Any public utility which violates or fails to comply with any provision of the constitution of this state or of this act, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, 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 thou- sand dollars for each and every offense. (b) Every violation of the provisions of this act or of any order, de- cision, 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) In construing and enforcing the provisions of this act relating to penalties, the act, omission 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, omis- sion or failure of such public utility. Penalty for offense by officer or employee. § 77, Every officer, agent or employee of any public utility, who violates or fails to comply with, or who procures, aids or abets any vio- lation by 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 comply with any such order, decision, rule, direction, demand or requirement, 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 mis- demeanor and is punishable by a fine not exceeding one thousand dol- lars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. Penalty for offenses by corporations in general. § 78. Every corporation, other than a public utility, which violates any provision of this act, or which fails to obey, observe or com})ly with any order, decision, rule, 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 corporation, is subject to a penalty of not less than five hundred dollars nor more than two thousand dollars for each and every offense. Act 2886, §§79-82 general laws. 1788 Penalties for offenses by ofl&cers or employees of corporations in general § 79. Every person who, either individualh', 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 requirement, or any part or portion thereof, of the commission, or who procures, 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, decision, rule, direction, de- mand or requirement, or any part or portion 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 thou- sand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. Actions, where brought, and how prosecuted. Disposition of fines and penalties. § 80. Actions to recover penalties under this act shall be brought in the name of the people of the state of California, 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, com- plained 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 other- wise 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 terras as the court shall approve and order. Punishment for contempt. § 81. Every public utility, corporation or person which shall fail to observe, obey or comply with any order, decision, rule, regulation, direc- tion, demand or requirement, or any part or portion thereof, of the com- mission or any commissioner shall be in contempt of the commission, and shall be punishable by the commission 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. Effect on powers of control by municipalities. § 82. This act shall not affect such ])owcrs 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 1789 PUBLIC UTILITIES. Act 2886, § 83 city and county, or incorporated city or town, shall vote to retain, and until such election such powers shall continue unimpaired in such city and county or incorporated city or town; but if the vote so taken shali^ not favor the continuation of such powers, they shall thereafter vest in the commission; provided, that where any such city and county or incorporated city or town shall have elected to continue any powers respecting public utilities, it may, by a vote of a majority of its quali- fied 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 vote, thereafter reinvest itself with such j'ower. Eflfect on pending actions or proceedings. Ratification of previous pro- ceedings. § 83. (a) This act shall not aifect pending actions or proceedings brought by or against the people of the state of California or the com- mission, 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, com- menced, 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, com- menced, instituted or prosecuted in accordance with the provisions of this act. All proceedings hitherto taken by the commission in any such investigation, 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. Effect on actions under certain laws. (b) 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 o:f the taking effect of this act or not, but actions may be brought upon STich causes in the same manner, under the same terms and conditions, and with the same effect as though said chapters had not been repealed. Ratification of previous orders. (c) All orders, decisions, rules or regulations 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. Continuation of certain laws. (d) This act, in so far as ft embraces the same subject matter, shall be construed as a continuation of chapter 20 of the Laws of 1911, ap- Act 2886a general laws. 1790 proved February 10, 1911, and chapter 386 of the Laws of 1911, approved April 6, 1911. Constitutionality of act. § 84. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not aifect the validity of the remaining portions of this act. The legis- lature hereby declares that it would have passed this act, and each sec- tion, 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. Application to foreign or interstate commerce. § 85. 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 permitted under the provisions of the constitution of the United States and the acts of Congress. Moneys in fund appropriated. § 86. All moneys which are paid into the state treasury by the com mission under the provisions of section 57 of this act, and credited to the railroad commission fund, are hereby appropriated, to be used by the commission in carrying out the provisions of this act, and the con- troller 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. [Amendment approved June 14, 1913; Stats. 1913, p. 944.]- Repeal of other acts. § 87. The railroad commission act, approved February 10, 1911, and the act entitled "An act to amend the railroad commission act by amending section 15 thereof relating to powers and duties of the rail- road commission of the state of California, and to amend section 37 thereof relating to free and reduced rate transportation for freight and passengers." approved April 6, 1911, and all acts or parts of acts incon- sistent with the provisions of this act, are hereby repealed. § 88. This act shall take effect ninety days after the final adjourn- ment of this session of the legislature. The amendatory act of 1913 contained the following: § 9. All acts and parti of acts in conflict herewith are hereby repealed. ACT 2886a. An act to provide for submitting to the qualified electors of every city and county, or incorporated city or town, in this state the question whether such city and county, or incorporated city or town, shall retain the powers of control vested therein respecting all or any 1791 PUBLIC UTILITIES. Act 2886a, §§ 1-4 public utilities, and providing further for elections thereafter to surrender such powers in case the qualified electors of any such city or county, or incorporated city or town, shall have voted to retain such powers or to reinvest such city and county, or incorporatecf city or town, with such powers, in case the qualified electors thereof have voted to surrender such powers. [Approved January 2, 1912. Stats. Ex. Sess. 1911, p. 168.] Municipal power of control over public utilities. § 1. Any city and county, or incorporated city or town, may retain its powers of control vested therein respecting any one or more classes of public utilities and may thereafter surrender such powers to the rail- road commission of the state of California, hereinafter called the rail- road commission, or may reinvest itself with such powers as it may have surrendered to the railroad commission, all as in this act provided. Definitions. § 2. The term "municipal corporation," as used in this act, shall be construed to mean a city and county, or an incorporated city or town. The term "legislative body," as used in this act, shall be construed to mean the board of supervisors, municipal council, commission or other legislative or governing body of a municipal corporation. Terms defined by public utilities act. § 3. The terms "railroad corporation," "street railroad corporation," "common carrier," "gas corporation," "electrical corporation," "water corporation," "telephone corporation," "telegraph corporation," "wharf- inge."," "warehouseman" and "public utility," as used in this act, shall severally have the same meaning as is given to them, respectively, in section 2 of the act known as the "Public Utilities Act." Submission to electors of question to retain control. Procedure. Duty of registrar of voters. § 4. The question whether any municipal corporation shall retain its powers of control respecting one or more classes of public utilities may be submitted to the qualified electors of such municipal corporation, as ]irovided in this act, either at a general municipal election or at a special election held therein. Such question may be so submitted, either in pursuance of an ordinance of intention adopted by a vote of three- fifths of all the members of the legislative body of such municipal cor- poration, declaring that the public interest requires the submission of, and that it is the intention of such legislative body to submit, such question to a vote of the qualified electors of such municipal corpora- tion, or in pursuance of a petition of qualified electors of such municipal corporation, as hereinafter provided. Such ordinance of intention or such petition, as the case may be, shall contain the propositions pro- posed to be so submitted, as set forth in section 6 of this act. Such petition shall be signed by qualified electors of such municipal corpora- Act 2886a, § 4 general laws. 1792 tion, equal in number to ten per centum of such qualified electors, com- puted upon the total number of votes cast in such municipal corpora- tion for all candidates for governor at the last preceding general, election -prior to the filing of such petition at which a governor was elected. Such petition may consist of separate papers; provided, that if any paper consists of more than one sheet, it shall be securely fastened to- gether at the top. The signatures need not all be appended to one sheet or paper. Each such paper shall have attached thereto, at the bottom of the last sheet thereof, the affidavit of a qualified elector of such municipal corporation, stating that all of the signatures on each sheet thereof were made in his presence, and that to the best of his knowl- edge and belief each signature is the genuine signature of the person whose name purports to be thereto subscribed. Such petition shall be filed with the clerk of the legislative body of such municipal corpora tion. Within ten days from the date of the filing of such petition, said clerk shall examine the petition and ascertain from the record of the registration of the electors of the city and county, or of the county in which such municipal corporation is situated, whether the petition is signed by the requisite number of the qualified electors of such municipal corporation; and if requested by said clerk, the said legislative body of said municipal corporation shall authorize him to employ persons specially to assist him in the work of examining such petition and shall provide for their compensation. Upon the completion of such examina- tion, said clerk shall forthwith attach to said petition his certificate, properly dated, showing the result of such examination. If from such examination, said clerk shall find that said petition is signed by the requisite number of qualified electors, he shall certify that the same is sufficient; but if, from such examination, he shall find that said petition is not signed by such requisite number of qualified electors, he shall certify to the number of qualified electors signing such petition and to the number of qualified electors required to make such petition suflScient. If by the certificate of said clerk the petition is shown to be insufficient, it may be amended b}' filing a supplemental petition within ten days from the date of such certificate. Said clerk shall, within ten days from the filing of such supplemental petition, make like examination of the same and certify to the result of such examination as hereinbefore provided. If the certificate of the clerk shall show any such petition, or any such petition together with a supplemental petition, to be in- sufficient, it shall be retained by him and kept as a public record, with- out prejudice, howaver, to the filing of a new petition to the same effect. But if, by the certificate of the clerk, such petition, or such petition together with a supplemental petition, is shown to be sufficient, the clerk shall forthwith present the same to the legislative body of such municipal corporation. The sufficiency or insufficiency of such petition shall not be subject to review by such legislative body. After the elec- tion held in pursuance of such petition, the sufficiency of such petition in any respect shall not be subject to judicial review or be otherwise 1793 PUBLIC UTILITIES. Act 2886a, § 5 questioned. In any city and county having a board of election com- missioners and a registrar of voters, the clerk of the legislative body thereof shall immediately upon the filing of any petition with him, transmit the same to such board of election commissioners, who shall forthwith deliver such petition to said registrar of voters, who shall perform all the duties herein required to be performed in other munici- pal corporations by the clerk of the legislative body thereof, respecting the examination and certification of such petition. Such registrar of voters shall, upon making his certificate, forthwith return said petition to said clerk, who shall thereupon present such petition and the certifi- cate thereto attached to the legislative body of such municipal corpora tion as hereinbefore in this section provided. Election for submission of question to retain control. Question may be submitted at general election. § 5. Upon the adoption of such ordinance of intention, or the presenta- tion as aforesaid of such petition, as provided in section 4 of this act, the legislative body of such municipal corporation shall, by ordinance, order the holding of a special election for the purpose of submitting to the qualified electors of such municipal corporation the propositions set forth in such ordinance of intention or in such petition, as the case may be, which propositions shall be those set forth in section 6 of this act, or such legislative body shall, by ordinance, order the submission of such propositions at a general municipal election, as hereinafter pro- vided. Such special election shall be held not less than twenty days nor more than sixty days after the adoption of the ordinance of in- tention provided for in section 4 of this act, or the presentation of such petition to said legislative body; provided, that if a general municipal election shall occur in said municipal corporation not less than twenty days nor more than sixty days after the adoption of said ordinance of intention or the presentation of said petition to said legislative body, said propositions may be submitted at such general municipal election, in the same manner as other propositions are required by law to be submitted at general municipal elections in such municipal corporation. Every special election held in any municipal corporation under the pro- visions of this act, shall be called by the legislative body thereof, by ordinance, which shall specify the propositions to be submitted at such election and the date thereof, and, where provision is not otherwise made by law, shall establish the election precincts therefor and designate the polling places therein, and the names of the election officers for each such precinct. Such ordinance shall, prior to such elec- tion, be published five times in a daily newspaper printed and published in such municipal corporation, or twice in a weekly newspaper printed and published therein, if there be no such daily newspaper; provided, that if no such daily or weekly newspaper be printed and published in such municipal corporation, the clerk of said legislative body shall post a copy of said ordinance in three public places in such municipal 113 Act 2886a, §§ 6, 7 general laws. " 1794 corporation at least ten days prior to such election. The propositions submitted under this section at any general municipal election or at any special election shall be the same as those set forth in section 6 of this act. Propositions upon which vote shall be taken. Manner of voting. § 6. The ballots to be used at any general municipal election or at any special election, at which is submitted the question whether a municipal corporation shall retain its powers of control respecting public utilities shall have printed thereon, in addition to the other matters required by law, the following projiositions: "Proposition No. 1. Shall (name of municipal corporation) re- tain its po'wers of control over railroad corporations?" "Proposition No. 2. Shall (name of municipal corporation) re- tain its powers of control over street railroad corporations?" "Proposition No. 3. Shall (name of municipal corporation) re- tain its powers . of control over common carriers other than railroad and street railroad corporations?" "Proposition No. 4. Shall (name of municipal corporation) re- tain its powers of control over gas corporations!" "Proposition No. 5. Shall (name of municipal corporation) re- tain its powers of control over electrical corporations?" "Proposition No. 6. Shall (name of municipal corporation) re tain its powers of control over telephone corporations?" "Proposition No. 7. Shall (name of municipal corporation) re- tain its powers of control over telegraph corporations?" "Proposition No. 8. Shall (name of municipal corporation) re- tain its powers of control over water corporations?" '' "Proposition No. 9. Shall (name of municipal corporation) re- tain its powers of control over wharfingers?" "Proposition No. 10. Shall (name of municipal corporation) re- tain its powers of control over warehousemen?" Opposite each such proposition to be voted upon, and to the right thereof, the words "Yes" and "No" shall be printed on separate lines, with voting squares. Any voter desiring to vote in favor of the re tention of the powers of control of such municipal corporation respect- ing any particular class of public utility, shall stamp a cross (X) in the voting square after the printed word "Yes" opposite the proposition as to such class, and any voter desiring to vote against the retention of such powers of such municipal corporation respecting any particular class of public utility, shall stamp a cross (X) in the voting square after the printed word "No" opposite such proposition. Canvass of returns. Result of election for submission of question to retain control. § 7. If the propositions specified in section 6 of this act shall have been submitted at a special election in any municipal corporation, then 1795 PUBLIC UTILITIES. Act 2886a, § 7 the legislative hody or other body or board charged with the duty of canvassing the returns and declaring the result of elections in such municipal corporation, shall meet at their usual place of meeting on the first Monday after such election to canvass the returns and declare the result thereof. Immediately upon the completion of such canvass, or upon the completion of the canvass of the returns of any general muni- cipal election at which such propositions shall have been submitted, such legislative body or other body or board charged with said duty shall make an order declaring the result of the election upon such propositions and shall cause the same to be entered upon its minutes, which order shall show the total number of votes cast upon each such jtroposition, and the number of votes cast respectively in favor of and against each such proposition. If it shall appear from the result of such election, as so declared, that a majority of the qualified electors of such municipal corporation voting on any proposition submitted, as provided in section 5 of this act, shall have voted to retain the powers of control of such municipal corporation respecting any particular class of public utility, such municipal corporation shall be deemed to have elected to retain such powers of control respecting such class of public uti]it.y, and such powers shall be exercised by such municipal cor- poration until the same may be surrendered as hereinafter provided; and if it shall appear from the result of such election, as so declared, that a majority of such qualified electors so voting on any such proposi- tion shall have voted not to retain such powers respecting any class of public utility, such municipal corporation shall be deemed to have elected not to retain such powers of control respecting such class of public utility, and such power of control shall thereafter vest in and be exercised by the railroad commission as provided by law. Im- mediately upon the entry of the order declaring the result of the election as to such proposition, the clerk of the legislative body or the registrar of A'oters in any municipal corporation having a board of election commissioners and a registrar of voters, shall make copies, in duplicate, of such order, and shall attach to each such copy his certificate under the seal, if any, of such municipal corporation, or of such board of election commissiouers, certifying that the same is a true and correct copy of such order. Said clerk or registrar of voters, as the case may be, shall forthwith file one of said copies in the office of the railroad commission of the state of California and the other in the office of the secretary of state. Immediately upon the filing of such certified copy, of such order in the office of "the railroad commission, the powers of control theretofore vested in such municipal corporation over any class or classes of public utilities which a majority of the qualified electors of such municipal corporation voting thereof shall have voted riot to retain, as shown by such order shall thereupon vest in and be exercised by the railroad commission, until such municipal corporation shall re- invest itself with such powers of control as hereinafter provided. Act 2886a, § 8 general laws. 1796 Election to surrender powers of control. Contents of ballots. Manner of voting. Result of election to surrender powers of control. § 8. Any municipal corporation which shall have voted to retain the powers of control vested therein respecting any class or classes of public utilities, or which may have reinvested itself with such power, as herein- after provided, may thereafter surrender its powers of control as to such class or classes of public utilities at a general municipal election or a special election therein, called for that purpose. The ballots to be used at such election shall have printed thereon, in addition to the other matters required by law, separate propositions as to each of the classes of public utilities as to which such municipal corporation may theretofore have voted to retain its powers of control or with which it may have reinvested itself. As to each of such classes of public utilities, and in addition to the other matters required by law to be printed thereon, a proposition shall be printed on the ballot to be used at such election in substantially the following form: "Shall (name of muni- cipal corporation) surrender its powers of control over (here insert class of public utility) to the railroad commission?" Opposite each such proposition to be voted upon, and to the right thereof, the words "Yes" and "No" shall be printed on separate lines, with voting squares. Any elector desiring to vote to surrender the powers of control of such municipal corporation over any class of public utility specified on the ballot, shall stamp a cross (X) in the voting square opposite the printed word "Yes," after the proposition as to such class; and any elector desiring to vote not to surrender the powers of control of such munici- pal corporation over such class of public utility, shall stamp a cross (X) in the voting square opposite the printed word "No" after the proposi- tion as to such class. The provisions of sections 4, 5, and 7 of this act, in so far as applicable, shall govern elections called, conducted and held under the provisions of this section and to general municipal elec- tions at which such propositions shall be submitted. If it shall appear from the result of such election declared as provided in section 7 of this act, that a majority of the qualified electors of such municipal corporation voting on any proposition submitted as provided in this section, shall have voted to surrender the powers of control of such municipal corporation respecting any particular class of public utility, such municipal corporation shall be deemed to have surrendered its powers of control as to such class of public utility to the railroad com- mission, and such powers shall thereafter vest in and be exercised by the railroad commission, as provided by law, upon the filing, in the office of the railroad commission, of a certified copy of the order de- claring the result of such election until such municipal corporation shall reinvest itself with such powers as hereinafter provided; and if it shall appear from the result of such election, as declared, that a majority of such qualified electors voting on any such proposition shall have voted not to surrender such powers of control respecting any particular class of public utility, such powers of control shall continue in sucli 1797 PUBLIC UTILITIES. Act 2886a, § 9 municipal corporation; provided, however, that such powers of control may thereafter be surrendered by such municipal corporation at any subsequent election at which the question of such surrender may again be submitted under the provisions of this act. Election to reinvest with powers of control. Contents of ballots. Result of election to reinvest with powers of control. § 9. Any municipal corporation that shall have surrendered to the railroad commission powers of control respecting any class of public utility may thereafter reinvest itself with such powers by a vote of the qualified electors thereof taken at a general municipal election or at a special election. The ballots to be used at such election shall have printed thereon, in addition to the other matters required by law, sepa- rate propositions as to each class of public utility designated in the petition for such election or in the ordinance of intention. As to each such class of public utility, a proposition shall be printed on the ballot in substantially the following form: "Shall (name of municipal cor- poration) reinvest itself with powers of control over (class of public utility) ?" Opposite each such proposition to be voted upon and to the right thereof, the words "Yes" and "No" shall be printed on separate lines, with voting squares. Any elector desiring to vote to reinvest such municipal corporation with powers of control respecting any class of public utility designated on the ballot shall stamp a cross (X) in the voting square after the printed word "Yes" opposite the proposition as to such class, and any elector desiring to vote not to reinvest such municipal corporation with powers respecting such class of public utility shall stamp a cross (X) in the voting square after the printed word "Xo" opposite such proposition. The provisions of sections 4, 5 and 7 of this act, in so far as applicable, shall apply to elections called, conducted and held under the provisions of this section and to general municipal elections at which such propositions shall be submitted. If it shall appear from the result of such election, declared as provided in said section 7, that a majority of the qualified electors of such municipal corporation voting on any proposition submitted as provided in this section shall have voted to reinvest such municipal corporation with powers of (Tontrol respecting any particular class of pub- lic utility, such municipal corporation shall be deemed to have reinvested itself with such powers, and upon the filing in the office of the railroad commission of a certified copy of the order declaring the result of such election, the powers of control with which such municipal corporation shall have voted to reinvest itself, as shown by such order, shall cease to be exercised by the railroad commission, and shall vest in and be exercised by such municipal corporation; and if it shall appear from the result of such election, as declared, that a majority of the qualified electors of such municipal corporation voting on any such proposition, as provided in this section, shall have voted not to reinvest such municipal corporation with powers of control resi)octing any particular class of Act 2887 GENERAL LAWS. 1798 public utility, such powers of control shall continue in and be exercised by the railroad commission; provided, that such municipal corporation may thereafter reinvest itself with such powers of control at any sub- sequent election at which such question may be again so submitted under the provisions of this act. Limitation on holding of special elections. § 10. The holding of a special election or elections, or the submission of propositions at any general municipal election, under any of the provisions of this act, shall not be construed to preclude the holding of a subsequent special election or elections or the subsequent submis- sion of propositions at a general municipal election or elections, on the question of the retention, surrender or reinvestment by a municipal corporation of its powers of control respecting any class or classes of public utilities, as in this act provided; provided, that not more than one such special election shall be held within any period of twelve months. Conduct of elections. § 11. Except as otherwise in this act provided, the holding and eon- ducting of elections under the provisions of this act, the form of the ballots used, the opening and closing of the polls, the canvass of the returns and the declaring of the result shall conform, as nearly as may be, to such laws as shall now or hereafter be applicable to special municipal elections held in the municipal corporation affected. ACT 2887. An act making an appropriation for the purpose of carrying out the provisions of the public utilities act. [Approved December 24, 1911. Stats. Ex. Sess. 1911, p. 107.] "Whereas, The railroad commission act, approved February 10, 1911, appropriated the sum of one hundred thousand dollars, to be used by the railroad commission to carry out the provisions of said act; and Whereas, The public utilities act will repeal the railroad commission act and will thereby turn back into the general fund of this state such portion of said appropriation as may remain unexpended when the pub- lic utilities act goes into effect, such moneys so remaining unexpended being estimated at ninety-six thousand dollars; and Whereas, It is necessary to appropriate to the use of the railroad commission said sum of ninety-six thousand dollars and such further moneys as may be needed to enable the railroad commission to perform the additional duties devolving upon the commission under the public utilities act, until the end of the next fiscal year, said additional moneys being estimated to be sixteen thousand dollars for the salaries of two additional commissioners and ninety-two thousand dollars for new pub- lic utility work; now, therefore, The people of the state of C'aliforui.i do enact as follows: 1799 PUBLIC UTILITIES. Act 2887a, §§ 1, 2 Appropriation. § 1. The sum of two hundred and ten thousand dollars is hereby ap- propriated out of any money in the state treasury not otherwise appro- priated to be used by the railroad commission in carrying out the pro- visions of the public utilities act. § 2, The state controller is hereby directed to draw his warrant on the general fund from time to time in favor of said commission for the amounts expended under its direction, and the state treasurer is hereby authorized and directed to pay the same. § 3. This act shall take effect ninety days after the final adjourn- ment of this session of the legislature. ACT 2887a. An act to provide for the incorporation and organization of public util- ity districts, authorizing such districts to incur bonded indebtedness for the purpose of the construction of works and the acquisition of property, and to levy and collect taxes to pay the principal and interest on bonds and for carrying on their operations, and provid- ing for the powers, management and government of such districts. [Approved June 5, 1913. Stats. 1913, p. 450.] Organization of public utility districts. § 1. A public utility district may be organized, incorporated and managed as herein provided, and may exercise the powers herein ex- pressly granted, or reasonably implied therefrom. Such a district may include municipalities only or both incorporated and unincorporated territory, whether such municipalities or such territory are in the same or in different counties, but no municipal corporation shall be divided in the formation of such a district. Ordinance. § 2. When any municipality in the state of California desires to organize such a public utility district as herein provided for, the legis- lative body of such municipal corporation at any regular meeting of such body may pass an ordinance reciting: 1. The name of the city adopting the ordinance. 2. That the public interest requires the incorporation of a public util- ity district. 3. The boundaries of the proposed district, and the names of the municipalities included within the proposed district. If such proposed district includes only municipalities, it shall be sufficient to state the names thereof without further setting forth the boundaries of the dis- trict. 4. The name of the district which shall include the words "public utility district." Act 2887a, §§ 3-6 general laws. 1800 5. An estimate of the preliminary costs and expenses of organizing the proposed district, and a proposed apportionmJ'nt of the aggregate of such costs and expenses among the municipalities to be included within the district. Notice to other cities included. § 3. Within ten days after such ordinance becomes a law, the clerk of the said legislative body adopting the same, shall transmit by regis- tered mail a certified copy thereof to the legislative body of the other municipalities named therein, addressed to the clerk thereof, and also to the board of supervisors of any county, unincorporated territory of which is proposed to be included within such district, addressed to the clerk thereof. Approval of ordinance by other cities. § 4. Within forty days after the receipt of such certified copy of such ordinance by any municipality named therein, or by any board of suijervisors of any county, unincorporated territory of which is proposed to be included in such district, the legislative body of such municipality and the board of supervisors of such county shall, by ordinance, either approve or disapprove the said ordinance without alteration or amend- ment. A failure on the part of any municipality or of any board of supervisors of any county to act as herein provided, shall be deemed a refusal to approve such ordinance. Notice to city initiating. § 5. After the passage and going into effect of said ordinance re- quired to be passed by section 4 hereof, the clerk of the municipality or of the board of supervisors acting thereon, shall forthwith forward a certified copy of such ordinance to the municipality initiating the proceedings. Special election. § 6. Within thirty days after the receipt of all of said ordinances, if it shall appear that said initiatory ordinance has been approved by all of the municipalities named therein and by all such boards of super- visors, the legislative body of the municipality initiating the proceed- ings shall fix a day for holding a special election in each of the munici- palities that have approved of said ordinance and in the iinineorporated territory proposed to be included in such district, at which shall be sub- mitted to the electors thereof the proposition of organizing such public utility district, and shall also provide for holding a similar election within its own municipality. In case the initiatory ordinance has not been approved by all of the municipalities and by all the boards of supervisors no further proceeilings shall be had but new proceedings may be taken as provided in section 2 hereof. 1801 PUBLIC UTILITIES. Act 2887a, §§ 7-9 Date of election. Apportionment of costs. Ballot. Canvass of votes. § 7. The date for such special election shall be certified to all of the municipalities and. boards of supervisors which have adopted the ordi- nance herein provided for, and the legislative body of each such munici- pality and each of the boards of supervisors which have approved said ordinance, shall call and provide for the holding of a special election in their respective municipalities, and in the unincorporated territory, on the day so fixed, and such an election shall be held and conducted in the manner and form required by law for the holding of special elections within such municipalities and counties, respectively. The election in the unincorporated territory proposed to be included in such district shall be confined to the limits thereof. Prior to the holding of said election the municipalities named in such ordinance shall pay to the municipality initiating such proceedings, the amount apportioned to it for preliminary costs and expenses by the ordinance provided for in section 2 hereof. The cost of holding such election shall be paid by the municipality initiating such proceedings, from moneys received as herein provided. Each municipality contributing money as herein provided, shall be entitled to credit with the district for the amount of its contribution. The ballot used at such election shall contain the words "Proposition to organize a public utility district," or words of similar purport, and the words "Yes" and "No" so placed that a voter may indicate his wish in this connection as either in favor of or against said proposition. Such ballots shall be counted and returns thereof made by the boards selected to conduct such election in the time, form and manner as required by law for the holding of special elections within the municipalities and counties respectively in which held, and shall be canvassed and the result thereof declared and determined by the board or officers charged with such duties within the municipalities and counties respectively holding the elections. Certificate of results. § 8. Within ten days after the canvass of votes cast at such election, the board or officers canvassing the same shall certify the result thereof to the legislative body of the municipality initiating the procejedings. Certificate to secretary of state. § 9. Within thirty days after the receipt of the certificates showing the result of the election held in the several municipalities and in unin- corporated territory, if it appears therefrom that the proposition sub- mitted has been approved by a majority of the votes cast thereon in each municipality wherein such election is held, and in the unincor- porated territory in each county wherein such an election is held, the legislative body of the municipality receiving such certificates shall cer- tify to the secretary of state the passage of the ordinance provided for in section 2 hereof, its subsequent approval by the several municipali- Act 2887a, §§ 10-12 general laws. - 1802 ties and boards of supervisors approving the same in the manner afore- said, and the result of the election held as herein provided. Secretary of state to issue certificate of organization. § 10. Upon the receipt of the certificate mentioned in the foregoing section, the secretary of state shall, within ten days, issue his certificate reciting that the public utility district (naming it) has been duly in- corporated according to the laws of the state of California, and that such district is composed of the municipalities of (naming all the municipalities which have approved at the election such organization), and of unincorporated territory (describing the same). A copy of such certificate shall be transmitted to each of the municipalities comprising such district and to the board or boards of supervisors of the county or counties, unincorporated territory of which is included in such district. From and after the date of such certificate, the district named therein shall be deemed incorporated as a public utility district with all the rights, privileges and powers set forth in this act and reasonably or necessarily incident thereto. Informality not to invalidate. § 11. No informality in any proceedings, or informality in the con- duct of any election, not substantially affecting adversely the legal rights of any citizen shall be held to invalidate the incorporation of any public utility district and any proceedings wherein the validity of such incorporation is denied or questioned shall be commenced within three months from the date of the certificate of incorporation, otherwise said incorporation and the legal existence of said public utility district and all proceedings in respect thereto, shall be held to be valid and in every respect legal and incontestible. Powers of district. § 12. Any public utility district incorporated as herein provided, shall have power: 1. To have perpetual succession. 2. To sue and be sued except as otherwise provided herein, or by law, in all actions and proceedings in all courts and tribunals of competent jurisdiction. 3. To adopt a seal and alter it at pleasure. 4. To take by grant, purchase, gift, devise or lease, hold, enjoy and to lease or dispose of real and personal propertj* of every kind within or without the district necessary to the full or convenient exercise of its powers. .5. To acquire, construct, own, operate, control or use within or with- out, or partly within and partly without the district, works for supply- ing the inhabitants of said district with light, water, power, heat, trans- portation, telephone service or other means of communication, or for the disposition of garbage, sewage, storm water or refuse matter, or 1803 PUBLIC UTILITIES. Act 2887a, § 13 parks, and do all things necessary or convenient to the full exercise of the powers herein granted. 6. To have and exercise the right of eminent domain and in the man- ner provided by law for the condemnation of private property for public use, to take any property necessary or convenient to the exercise of the powers herein granted, whether such property be already devoted to the same use or otherwise. In proceedings relative to the exercise of such right the district shall have the same rights, powers and privileges as a municipal corporation. 7. To construct works across or along any street or public highway, or over any of the lands which are now or may be the property of this state, and to have the same rights and privileges appertaining thereto as have been or may be granted to the municipalities within the state. To construct its works across any stream of water or watercourse. The district shall restore any such street or highway to its former state as near as may be and shall not use the same in a manner to unnecessarily impair its usefulness. 8. To borrow money and incur indebtedness and to issue bonds or other evidences of such indebtedness; also to refund or retire any indebted- ness or lien that may exist against the district or property thereof; provided, however, the incurring of any indebtedness or liability shall be subject to the provisions of section 18, of article 11 of the constitu- tion; and provided, further, no district shall incur any indebtedness which shall in the aggregate exceed fifteen (1.5) per cent of the assessed value of all real and personal property included within the district. 9. To levy and collect, or to cause to be levied and collected, taxes for the purpose of carrying on the operations and paying the obligations of the district. 10. To make contracts, to employ labor and to do all acts necessary or convenient for the full exercise of the powers herein in this act granted. Board of directors. Members, Additional directors. § 13. The powers herein enumerated shall, except as herein otherwise provided, be exercised by a board to be known as the board of directors of the named public utility district. Such board shall be composed as follows: 1. The mayor, or if there be no mayor then the president or chairman of the board of trustees or other governing body, of each municipality comprising the district, and the chairman of the board of supervisors of the county, unincorporated territory of which is included within the district, shall be ex officio a member of said board. 2. Each municipality having at least five thousand legal and regis- tered voters shall choose by and from the members of its legislative body, one additional director and each municipality for each and every ten 'thousand legal and registered voters over five thousand, shall choose by and from the members of its legislative body one additional director, Act 2887a, §§ 14^16 general laws. 180J: all of whom shall serve during the pleasure of the body making the appointment; provided, that if any such member does not desire. to serve as such director, said legislative body may choose anj' other person who is an elector and resident of such municipality; and provided, further, that if the number of the members of any such legislative body be less than the number of directors such municipality may be entitled to, then such legislative body may choose directors from the qualified electors of the municipality. When the unincorporated territory of any county included within the district shall have at least five thousand legal and registered voters the board of supervisors of such county shall choose by and from the members thereof one additional director, and for each and every ten thousand legal and registered voters over five thousand shall choose by and from its members one additional director, all of whom shall serve during the pleasure of the body making the appoint- ment; provided, that if any such member does not desire to serve as such director said body may choose any other person who is an elector and resident of such unincorporated territory included within such dis- trict. The number of legal and registered voters in each municipality on the first day of November, 1912, and every two years thereafter, shall be taken as the basis for determining the representation of such municipality in the board of directors. The same shall hold true in de- termining the representation of unincorporated territory in such board of directors. First meeting. § 14. The legislative body of the municipality initiating the proceed- ings for incorporating the district shall fix a time and place for the first meeting of the board of directors, which shall be within thirty days from the date of the incorporation of the district. Commissioners of district Powers. § 15. At such meeting of the directors or at such time to which the proceedings may be continued, the board of directors shall choose three commissioners who shall constitute the commissioners of the named public utility district, but no director shall be eligible to appointment to such commission. The said commissioners shall have the power to make and enter into all contracts, appoint a secretary, who may be a member of the commission, and such other assistants and employees as may be necessary for the exercise of the powers of the district, to fix their compensation, prescribe their duties and remove any appointee at pleasure, and to generally manage its affairs, subject to such restrictions as the board of directors may impose. The commissioners shall receive such compensation as the board of directors shall determine and shall serve during its pleasure. President, secretary and expenses of board. § 16. The board shall elect one of its number president, adopt rules of procedure and fix a time and place for holding regular meetings. The 1805 PUBLIC UTILITIES. Act 2887a, §§ 17-19 secretary of the commission shall act as secretary of the board of direc- tors. The directors shall receive for each day's attendance at the meetings of the board their necessary expenses of attending the meeting and shall receive no other compensation. President, auditor, etc., of commissioners. Depositaries of funds. § 17. The commissioners shall elect one of its members president, who shall sign all contracts on behalf of the district and perform such other duties as may be imposed by the commissioners or the board of directors. They shall appoint an auditor, who shall not be a member of the board of directors, and who shall be charged with the duty of installing and maintaining a system of auditing and accounting that shall completely and at all times show the financial condition of the dis- trict. He shall draw warrants to pay demands made against the dis- trict when such demands have been first approved by at least two of the commissioners. The commissioners shall also designate a depositary or depositaries to have the custody of the funds of the district, all of which depositaries shall give security sufficient to secure the district against possible loss, and who shall pay the warrants drawn by the auditor for demands against the district under such rules as the directors may prescribe. Bonds. § 18. Whenever the board of directors deem it necessary for the dis- trict to in^cur a bonded indebtedness it shall, by resolution, so declare and state the purpose for which the proposed debt is to be incurred and the amount thereof, and it shall direct the commissioners to take, or cause to be taken, such proceedings as may be necessary to incur such debt and in the manner herein provided. Resolution as to bonds. Election, .Notice. Ptiblication. Expenses. Canvass. § 19. The commissioners shall adopt a resolution reciting the adop- tion of the resolution mentioned in the foregoing section, state the prop- osition to be submitted to the electors, the amount of debt proposed to be incurred, the maximum term the bonds proposed to be issued shall nm before maturity, which shall not exceed forty years, and the maxi- mum rate of interest to be paid, which shall not exceed six per cent per annum. They shall fix a date upon which an election shall be held for the purpose of authorizing said bonded indebtedness to be incurred, and shall transmit a certified copy of the resolution fixing such date to the officers or board having charge of the conduct of elections of each municipality comprising the district and to the board of supervisors of anv county, unincorporated territory of which is included within the district. It shall be the duty of such board or officers in each munici- pality and in each county, to provide for holding such special election on the day so fixed and in the manner and form as special elections are held and conducted within the municipality and county respectively. Act 2887a, §§20-22 general laws. 1806 Such board or officers shall give notice of the holding of such election, which notice shall contain the resolution adopted by the commissioners of the public utility district, the location of polling places and the names of the officers selected to conduct the election, which shall consist of one judge, one inspector and two clerks. Such notice shall be published for two insertions, once a week, for two successive weeks, in a newspaper of general circulation published in each municipality, or if there is no newspaper printed in such municipality then by posting such notice in three public places therein. The board of supervisors shall also cause such notice to be published in a like manner in a pa])er in which the official printing is done. All the expenses of holding such election shall be borne by the district and shall be paid or credited to each city and county upon the filing of a verified claim therefor, with the secretary of the commission. The returns of such election shall be made, the votes canvassed and the results thereof ascertained and declared as in the case of other special elections within such municipalities and counties respectively. The board or officers declaring the result of such election shall certify such result to the commissioners of the district. No irregu- larities or informalities in conducting such election shall invalidate the same if the election shall have otherwise been fairly conducted. In all respects not otherwise provided for herein, said election shall be called, managed and directed as is by law provided for special elections in the municipality and county respectively in which such election is to be held. Two-thirds vote necessary. Sold at par. § 20. If from such returns it appears that two-thirds or more of the votes cast at such election were in favor of and assented to the incurring of such indebtedness, then the commissioners may, by resolution, at such time or times as they may deem proper, provide for the form of such bonds and for the issuance of the whole or any part thereof, and may sell or disfiose of the bonds so issued at such times or in such manner as they may deem to the public interest, but no bonds shall be sold for less than their par value. The proceeds of such bonds shall be applied exclusively to the purposes and objects mentioned in the resolution of tlie commissioners calling the election. It shall be competent for the commissioners in the resolution herein provided for, to provide for the payment of said bonds and interest thereon at any place or places desig- nated in the bonds. Bonds exempt from taxation. § 21. Any bonds issued by any district are hereby given the same force, value and use as bonds issued by anj- municipality and shall be exempt from all taxation within the state of California. Action to determine validity. Jurisdiction. Appeal. Consolidation of actions. Rules of pleading. Costs. § 22. The board of directors may at any time within sixty days from the date of the resolution provided for by section 20 hereof, cause to 1807 PUBLIC UTILITIES. Act 2887a, § 23 be brought in the name of the district an action in the superior court of the county in which said district or the greater portion thereof is located, to determine the validity of any such bonds. Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication of summons for at least once a week for three weeks in some paper of general circulation published in the county where the action is pending, such paper to be designated by the court having jurisdiction of the proceedings. Jurisdiction shall be complete within ten days after the full publication of such summons in the manner herein provided. Anyone interested may at any time before the expiration of said ten days appear and by proper proceedings con- test the validity of such bonds. Such action shall be speedily tried and judgment rendered declaring such bonds to be valid or invalid. Either party may have the right to appeal to the supreme court at any time within thirty days after the rendition of such judgment, which appeal must be heard and determined within three months from the time of taking such appeal. After the expiration of ninety days from the date of the resolution provided for by section 20 hereof no action may be brought to contest or question the validity of said bonds and proceed- ings thereto. If there be more than one action or proceeding involving the validity of any such bonds, they shall be consolidated and tried together. The court hearing any proceeding or action inquiring into the regularity, legality or correctness of the proceedings leading up to the issuance of bonds or the validity of such bonds must disregard any error, irregularity, or omission which does not affect the substantial rights of the parties to said action or proceeding. The rules of pleading and practice provided by the Code of Civil Procedure, which are not inconsistent with the provisions of this act, are applicable to all actions or proceedings herein provided for. The motion for a new trial of any such action or proceeding must be heard and determined within ten days from the filing of the notice of intention. The costs on any proceeding or action herein provided for may be allowed and apportioned between the parties, or taxed to the losing party, in the discretion of the court. Revenue producing utilities. Contracts with cities. § 23. For the purposes of this act, the works authorized to be ac- quired, owned or operated by the district (except parks and works for the disposition of storm waters) are declared to be revenue producing utilities. So far as possible the commissioners shall fix such charges for commodities or service furnished by any revenue producing utility aa will pay the operating expenses of the utility, the interest on any bonded debt incurred for the acquisition or construction thereof and provide a sinking or other appropriate fund for the payment of the principal of such debt as it may become due; it being the intention of this section that the district pay the interest and principal of its bonded debt in- curred for the acquisition of any revenue producing utility from the revenues derived bv the district from such utility. The commissioners Act 2887a, §§24-26 general laws. 1808 so far as the nature of the utility will permit, shall, before any bonded indebtedness is incurred for the construction or acquisition of any revenue producing utility, enter into appropriate contracts with the respective municipalities proposed to be served by such utility providing for the use thereof by the respective municipalities during the life of the bonds proposed to be issued. The district and the municipalities included therein are hereby expressly authorized to enter into such con- tracts. Cities may advance funds. § 24. At any time after the initiation of proceedings for the organi- zation of a public utility district, or at any time after the organization of such a district, an}' municipality j)roposed to be included within the said district, or included therein, may advance to the municipality initiating proceedings, or to the district, funds to meet the expenses of organization or the expenses of carrying on the work of the district as the case may be, and if the district is formed and its purposes carried out any such municipality so advancing funds shall be entitled to credit with the district for the amounts so advanced. Tax, when revenues are insuflficient. § 25. If from any cause the revenues of the district shall be inade- quate to pay the principal or interest on any bonded debt as it becomes due, or if funds are needed to carry out the objects and purposes of the district, then the board of directors may cause a tax to be levied for such purposes as herein provided. The board shall state the purposes for which such taxes are necessary. Rate fixed. Duty of county oflacers. Compensation for collecting. § 26. The board of directors shall determine the amount necessary to be raised by taxation and shall fix a rate of tax to be levied which will raise the amount of money required by the district. The commis- sioners shall thereupon, and within a reasonable time previous to the time for the fixing of the tax rate of the county or counties in which said district is located, certify to the board or boards of supervisors the rate so fixed with a direction that at the time and in the manner re- quired by law for the levying of taxes for count}' purposes, such board or boards of supervisors shall levy and collect a tax in addition to such other tax as may be levied by such board or boards of supervisors at the rate so fixed and determined, and it is made the duty of the officer or body having authority to levy taxes within each county to levy the tax so required. And it shall be the duty of all county officers charged with the duty of collecting taxes, to collect such tax in time, form and manner, as ■county taxes are collected and when collected, to pay the same to the district ordering its levy and collection. Such tax shall be a lien on all property within the territory comprising the district and of the same force and effect as other liens for taxes, and its collection 1809 PUBLIC UTILITIES. Act 2887a, §§ 27, 23 may be enforced by the same means as provided for the enforcement of liens for state and county taxes. Any county collecting taxes as herein provided shall be entitled to not to exceed one-half of one per cent of the amount collected as compensation therefor. Works exempt from taxation. § 27. The works and property of the district shall be exempt from taxation for state, county or municipal purposes. Recall of commissioners. Signatures. Afiidavlt. Directors may remove commissioner. Election. Grounds for recall. Ballot. § 28. Any commissioner may be recalled by the electors of the dis- trict at any time after he has held office for six months, in the manner lierein provided. A petition demanding the appointment of a successor to the commissioner sought to be recalled shall be filed with the board of directors, which petition shall be signed by qualified voters equal in number to at least fifteen per cent of the entire vote cast within the dis- trict for all candidates for the office of governor of the state at the last preceding election at which a governor was chosen, and shall contain a statement of the grounds on which the recall is sought. No insufficiency of form or substance in such statement shall affect the validity of the election or proceedings held thereunder. Signatures to the petition need not all be appended to one paper. Each signer shall add to his signa- ture his occupation and place of residence, giving street and number, or' if no street or number exists, then such a designation of his residence as will enable the locality to be readily ascertained. To each separate paper of such petition shall be attached an affidavit made by a qualified elector of the district stating that the affiant circulated that particular pajper and saw written the signatures appended thereto and that, accord- ing to the information and belief of the affiant each of said signatures is genuine and the signature of a qualified elector of the district. Within twenty days from the date of the filing of such petition the board of directors shall remove the commissioner whose recall is sought, or shall direct its secretary to determine from the records of registration whether or not said petition is signed by the requisite number of qualified voters. If such direction is made the secretary shall, within fifteen days from the date of such direction, determine the sufficiency of said petition and attach thereto his certificate showing whether or not said petition is sufficient. If the petition shall be found to be sufficient the board of directors shall cause a special election to be held not less than thirty- five nor more than sixty days after the date of such certificate, to deter- mine whether the voters shall recall such officer. Such election shall be called, held, and the result thereof determined in the manner provided by law for the holding of special elections in the county in which said district or the largest portion thereof is included. One petition is suffi- cient to propose the recall of one or more of the commissioners. Upon the sample ballot shall be printed in not more than two hundred words, 114 Act 2887a, §§29-31 general laws. 1810 the grounds set forth in the recall petition for demanding the recall of the officer, and upon such ballot in not more than two hundred words the officer may justify himself. There shall be printed on the recall ballot as to every officer whose recall is to be voted on, the following question: "Sliall (name of person against whom the recall petition is filed) be recalled from the office of (title of office)?" following which shall be the words "Yes" and "No" on separate lines with a blank space at the right of each in which the voters shall, by stamping a cross (X), indicate his vote for or against such recall. If a majority of those vot- ing on said question of the recall of any incumbent shall vote "No," said incumbent shall continue in said office. If a majority vote "Yes," said incumbent shall thereupon be deemed removed from such office upon the qualification of his successor. No commissioner who has been removed by the board of directors upon the recall petition being filed with such board, or who has been recalled, shall again be eligible to appointment as a commissioner. Action only after claim is rejected. § 29. No suit shall be brought against the district on any claim for money or damages until a claim or demand therefor, setting forth with reasonable certainty the nature and various items of the claim or demand and verified by the claimant, or his authorized agent, has been presented to the commissioners and rejected in whole or in part. Definitions. § 30. The term "municipality" as herein used shall be deemed, and is hereby declared to include any city and county or incorporated city or town. The word "district" as herein used, shall be deemed, and is hereby declared to mean a public utility district formed under the pro- visions of this act. The word "board" and the expression "board of directors," as herein used, shall be deemed, and are hereby declared to mean the board of directors of a public utility district. The word "com- missioners" as herein used shall be deemed, and is hereby declared to moan the commissioners of a public utility district formed under the provisions of this act, and the commissioners shall be regarded as a board of commissioners. The expression '"unincorporated territory" as herein used shall be deemed, and is herebj' declared to mean territory not included within the corporate limits of any municipality. How construed. § 31. This act and each and every provision thereof shall be liberally construed to carry out the purposes hereof. The rule of strict construc- tion is hereby expressly declared to be inapplicable. The provisions of this act shall be deemed to be directory and not mandatory, except where it shall appear that this construction will work substantial in- justice. 1811 PUBLIC WORKS. Act 2895, § 1 Intention of act. § 32. It is intended by this act to provide necessary machinery where- by municipalities and communities may act jointly in effecting public improvements and acquiring and operating works, the effecting, acquir- ing or carrying on of which by such cities or communities separately would be impracticable or disadvantageous by reason of the magnitude of such improvements or works, or the cost thereof, or by reason of the fact that said improvements or works are of common benefit to a series of cities or communities. It is not intended that a district formed here- under shall construct or operate public improvements or works of a local character. § 33. This act shall not be deemed to repeal any other act dealing with the same subject matter or any portion of the matters herein covered. TITLE 405. PUBLIC WORKS. ACT 2895. An act to secure the payment of the claims of materialmen, mechanics, or laborers, employed by contractors upon state, municipal, or other public work. [Approved March 27, 1897. Stats. 1897, p. 201.] Amended 1911, Statutes of 1911, page 1422, as follows: Contractor having state, etc., building to give bond to secure payment for materials, etc. § 1. Every contractor, person, company, or corporation, to whom is awarded a contract for the execution or performance of any building, excavating, or other mechanical work for this state, or by any county, city and county, ' city, town, or district therein, shall, before entering upon the performance of such work, file with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common coun- cil, or other body by whom such contract was awarded, a good and suffi- cient bond, to be approved by such contracting body, officers or board, in a sum not less than one-half of the total amount payable by the terms of the contract; such bond shall be executed by the contractor, and at least two sureties, in an amount not less than the sum specified in the bond, and must provide that if the contractor, person, company, or cor- poration, fails to pay for any materials or supplies furnished for the performance of the work contracted to be done, or for any work or labor done thereon of any kind, that the sureties will pay the same in an amount not exceeding the sum specified in the bond; provided, that such claim shall be filed as hereafter required. [Amendment approved May 1, 1911; Stats. 1911, p. 1422.] Acts 2900, 2901 general laws. 1812 Materialmen may file statement. § 2. Any materialman, person, company, or corporation, furnishing materials or supplie* used in tlie performance of the work contracted to be executed or performed, or any person who performed work or labor upon the same, or any person who supplies both work and materials, and whose claim has not been paid by the contractor, company, or corpora- tion, to whom the contract has been awarded, shall, within ninety days from the time such contract is completed, file with the commissioners, managers, trustees, ofiicers, board of supervisors, board of trustees, com- mon council, or other body by whom such contract was awarded, a veri- fied statement of such claims, together with a statement that the same has not been paid. At any time within six months after the filing of such claim, the person, company or corporation filing the same may com- mence an action against the sureties on the bond, sjjecified and required by section 1 hereof. [Amendment approved May 1, 1911; Stats. 1911, p. 1423.] Citations. App. 8/509. ACT 2900. Citations. Cal. 160/433. ACT 2901. An act to regulate contracts on behalf of the state in relation to the erection, construction, alteration, repair or improvement of any state structure, building, road, or other state improvement of any kind and to repeal an act entitled "An act to regulate contracts on be- half of the state in relation to erections and buildings," approved March 28, 1876. [Approved March 22, 1909. Stats. 1909, p. 656.] Amended 1913, pp. 844, 854. The amendments of 1913 follow: State construction under direction of engineering department. Plans. § 1. Whenever provision is made by law for the erection, construc- tion, alteration, repair or improvement of any state structure, building, or other state improvement of. any kind excepting improvements on the property of the state on the waterfront of the city and county of San Francisco under the jurisdiction of the board of state harbor commis- sioners, the total cost of which will exceed the sum of one thousand dollars, the same shall be under the sole charge and direct control of the department of engineering. Said department, before entering into any contract for the erection, construction, alteration, repair or improve- ment of any state structure, building, or other state improvement of any kind, shall prepare full, complete and accurate plans and specifica- tions and estimates of cost, giving such directions for the same as will 1813 PUBLIC WORKS. Act 2901, §§ 2, 3 enable any competent mechanic or other builder to carry them out. The plans, specifications and estimates of cost must be approved by the ad- visory board of the department of engineering and the original draft thereof filed permanently in the office of the department of engineering before further action is taken. [Amendment approved June 14, 1913: Stats. 1913, p. 844.] Letting of contract after public notice. Eeglster of prospective bidders. § 2. Said department of engineering shall after the approval and fil- ing of plans, specifications and estimates of cost, as in this act required, let such work by contract to the lowest responsible bidder or bidders 'upon public notice which shall be given as follows: Notice of such work must be published once a week for three consecutive weeks next pre- ceding the day set for the receiving of bids in two trade papers of gen- eral circulation one published in Los Angeles and one in San Francisco, devoted primarily to the dissemination of contract and building news among contracting and building material supply firms; provided, that in the record kept for that purpose the state engineer shall register any- one desiring to be so registered for the purpose of becoming a pros- pective bidder upon state work, which registration shall be renewed on or before the beginning of each fiscal year, and whenever any state work is to be let by contract the state engineer shall cause a notice of the same to be mailed to each of the addresses so registered at least twenty-five days prior to the date set for the receiving of bids. In each case such notice must state the time and place for the receiving and opening of sealed bids and must also state that the bids will be re- quired for the entire work and also, when advisable, for the performance of segregate parts of the entire work, such segregation to be determined by the department of engineering and designated in such notice. [Amendment approved June 14, 1913; Stats. 1913, p. 854.] Opening of bids and awarding of contract. Contracts submitted to at- torney general. Changes in plans. § 3. On the day named in said public notice the department of en- gineering shall proceed to publicly open said sealed bids, and shall award such contract or contracts to the lowest responsible bidder or bidders. All bids shall be presented under sealed cover and shall be accompanied by cash, a bidder's bond, or a certified check made payable to the state engineer, for an amount equal to at least ten per cent of the amount of said bid and no bid shall be considered unless such cash, bond or check is inclosed therewith. Should the successful bidder to whom the contract is awarded fail to execute the same, such cash, bond or check shall be for- feited to the state of California and the same shall be the property of the state. All other cash, bonds and certified checks shall within ten days after the date of the public opening of said bids, be returned to the un- successful bidders who submitted the same. Such contract or contracts shall not be binding on the state until they are submitted to the attorney Acts 2915, 2921 general laws. 1S14 general and by him found to be in accordance with the provisions of this act, and his certificate thereon to that effect. If in the opinion of such department of engineering the acceptance of the lowest responsible bid or bids shall not be for the best interests of the state, it maj- be lawful for them to reject all bids and advertise for others in the manner aforesaid. But after the approval of the plans, specifications and estimates of costs by the advisory board of the department of engineering, if, in the opin- ion of such department of engineering the acceptance of any bid or bids shall not be for the best interest of the state, or if in the opinion of such department of engineering the acceptance of any further bids after the rejection of all bids submitted shall not be for the best interests of, the state, it may be legal for them to direct that the erection, construc- tion, alteration, repair, or improvement of any state structure, building, or other state improvement of any kind, except as provided in section 1 of this act, shall be done by day's labor, under the direction and control of the department of engineering. Upon the approval of the ad- visory board, the state engineer may, when proceeding upon the basis of day's labor, let any subdivision of said work by contract upon in- formal bids, provided no such contract shall be entered into for a sum in excess of the lowest responsible bid received and rejected for such portion of said work. All contracts shall provide that such department of engineering may, as hereinafter provided, and on the conditions stated, make any change in the plans and specifications. Certified copies of such contracts shall be filed with the controller and the board of examiners. [Amendment approved June 14, 1913; Stats. 1913, p, 844.] TITLE 408, KAILROADS. ACT 2915. Citations. Cal. 157/367; 161/33. ACT 2921. An act providing for the organization of the railroad commission of the state of California, defining its powers and duties and the powers and duties of transportation companies, their officers and employees, and defining offenses by transportation companies, their officers, em- ployees and other persons, and providing penalties therefor; and repealing an act entitled "An act to create the office of commissioner of transportation, and to define its powers and duties; to fix the maximum charges for transiiorting passengers and freight on certain railroads, and to prevent extortion and unjust discrimination there in," ai)i)rove(l April 1, 1S7S, and also repealing an act entitled "An act to organize and define the powers of the board of railroad com- missioners," approved April 15, 1880. [Approved March 19, 1909. Stats. 1909, p. 499.] Repealed 1911, p. 13. 1815 RAILROADS. Acts 2921a-2931a ACT 2921a. An act to provide for the organization of the railroad commission, to define its powers and duties and tlie powers and duties of railroad and other transportation companies, their officers, agents and em- ployees, and the rights, duties and remedies of shippers and to define offenses by shippers and railroad and other transportation companies, their officers, agents and emploj-ees and other persons, and providing penalties for such offenses, and making an appropria- tion for the purpose of carrying out the provisions of this act, and also repealing an act entitled ''An act providing for the organization of the railroad commission of the state of California, defining its powers and duties and the powers and duties of transportation com- panies, their officers and employees, and defining offenses by trans- portation companies, their officers, employees and other persons, and providing penalties therefor; and repealing an act entitled 'An act to create the office of commissioner of transportation, and to define its powers and duties; to fix the maximum charges for transporting passengers and freight on certain railroads, and to prevent extortion and unjust discrimination therein/ approved April 1, 1878, and also repealing an act entitled 'An act to organize and define the powers of the board of railroad commissioners,' approved April 15, 1880," approved March 20, 1909; also repealing an act enti- tled 'An act requiring persons, corporations, receivers or trustees operating lines of railway to furnish cars for shipment of freight upon written application from shippers of freight and providing a penalty and damages to be paid by such persons, corporations, re- ceivers or trustees to shippers for failure to do so and providing a penalty and damages to be paid to persons, corporations, receivers or trustees operating such railway lines by the applicant or shipper for failure to load or unload cars so furnished," approved April 20, 1909; also repealing all acts or parts of acts inconsistent with the provisions of this act. [Approved February 10, 1911; Stats. 1911, p. 13.] Amended 1911, p. 701. Repealed December 23, 1911 (Stats. Ex. Sess. 1911, p. 64). See Act 2886, § 87, ante. ACT 2925. CiUtions. Cal. 163/713. ACT 2931a. An act to provide for the conditional sale of railroad and street railway equipment or rolling stock, to regulate the making and recording of contracts therefor and declarations of the payment or performance thereof, and to authorize their recordation in the office of the sec- retarv of state. [Approved June 16. 1913. Stats. 1913, p. 1121.] Act 2931a, §§ 1-3 general laws. 1816 Conditional sale of railroad equipment. Contract not valid against sub- sequent judgment creditor. § 1. In any contract for the sale of railroad or street railway equip ment or rolling stock, it shall be lawful to agree that title to the property sold or contracted to be sold, although possession thereof may be de- livered immediately or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money. And in any contract for the leasing or hiring of such property, it shall be lawful to stipulate for a conditioned sale thereof at the termination of such contract, and that the rentals or amounts to be received under such contract may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been jjaid in full, and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by such lessee or bailee; provided, that no such contract shall be valid as against any subsequent judgment creditor or any sub- sequent bona fide purchaser for value and without notice, unless (1) the same shall be evidenced by an instrument executed by the parties and duly acknowledged by the vendee, lessee, or bailee, as the case may be, or duly proved before some person authorized by law to take acknowl- edgments of deeds, and in the same manner as deeds are acknowledged or proved; (2) such instrument shall be filed for record in the office of the secretary of state of this state; (3) each car or locomotive engine so sold, leased, or hired, or contracted to be sold, leased, or hired as aforesaid, shall have the name of the vendor, lessor, or bailor plainly marked in letters not less than one inch in size on each side thereof, followed by the word "ownerj" or "lessor," or "bailor," as the case may be. Contracts filed with the secretary of state. Fee. § 2. The contracts herein authorized shall be filed with the secretary of state and recorded by him in a book of records to be kept for that purpose. And on payment in full of the purchase money and the per- formance of the terms and conditions stipulated in any such contract, a declaration in writing to that effect shall be made by the vendor, lessor, or bailor, or his or its assignee, which declaration shall be made by a separate instrument, to be acknowledged by the vendor, lessor, or bailor, or his or its assignee, and recorded as aforesaid. The secretary of state shall collect and pay into the state treasury five dollars for filing each of such contracts or declarations and twenty cents per folio for recording the same. Contracts not affected. § 3. This act shall not be held to invalidate or affect in any way any contract heretofore made of the kind referred to in section 1 hereof, and any such contract heretofore made may, upon compliance with the provisions of this act, be recorded as herein provided. 1817 RAILROADS. Acts 2933, 2935 ACT 2933. An act requiring persons, corporations, receivers or trustees operating lines of railway to furnish cars for shipment of freight upon written application from shippers of freight and providing a penalty and damages to be paid by such persons, corporations, receivers or trus- tees to shippers for failure to do so and providing a penalty and damages to be paid to persons, corporations, receivers or trustees operating such railway lines by the applicant or shipper for failure to load or unload cars so furnished. [Approved April 20, 1909: Stats. 1909, p. 1007.] Repealed February 11, 1911 (Stats. 1911, p. 13). See Act 2921a. ACT 2935. An act to promote the safety of employees and travelers upon railroads by compelling common carriers by railroad to properly man their trains. [Approved February 20, 1911. Stats. 1911, p. 65.] Amended 1913, p. 249. Full crew for passenger train. § 1. 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 steani 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 baggageman need not be employed; pro- vided, further, that on any such train where four cars exclusive of rail- road officers' private cars, or more than four cars are hauled, exclusive of railroad officers' private cars, two brakemen instead of one shall be employed. [Amendment approved May 24, 1913; Stats. 1913, p. 249.] Full crew for freight train. ' § 2. It shall be unlawful for any common carrier by railroad in the state of California operating more than four trains each way ])er 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 projjelled by steam, electricity or other motive powder that has not at least the following employees thereon; one engineer and one fireman for each steam locomotive where Act 2935, §§ 3, 4 general laws. 1818 such train is propelled 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 [>er 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 brakeman for seventy-six cars and an additional brakeman for every additional twenty-five ears; 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 ad ditional brakeman for every twenty-five cars or fraction of twenty-five greater than twelve cars; provided, further, that any such train running (in 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 ears and an additional brakeman for every fifteen cars or frac- tion of fifteen greater than seven cars. [Amendment approved May 24, 1913; Stats. 1913, p. 2o0.] Full crew for other trains. § 3. It shall be unlawful for any common carrier by railroad in the state of California operating more thiui 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 section 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 motor- man 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 jiower than steam or electricity, one conductor and one brakeman; provided, that nothing in this act contained shall apply to a locomotive or locomotives without cars; nor to any relief or wrecking train in any case where a sufficient number of employees to comply with this section are not available for service on such relief or wrecking train, [Amend- ment ap})roved May 24, 1913; Stats. 1913, p. 250.] Qualifications of engineer. Conductor. Brakeman, § 4. It shall be unlawful for any common carrier to employ any per- son 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 ;y ear's actual service as a railroad conductor, or to employ any person as a brakeman who shall not have jiassed the regular examination required by transcontinental railroads; provided, that nothing in this 1819 RAILROADS. Act 2936, § 1 act contained shall apply to the running or operating of locomotives or motor power cars to and from transit at terminals by hostlers or to the 1 nailing or operating of steam locomotives or motive power cars to and fiDoi engine houses or to the doing of work on steam locomotives or iiMitor power cars at shops or engine-houses. [Amendment approved May 24, 1913; Stats. 1913, p. 251.] Penalty. § 5. Any violation of this act shall he a misdemeanor, and shall be ]iiuiished by a fine not exceeding five hundred dollars, or by imprison- ment in the county jail not to exceed six months, or by both such fine and imprisonment. [Amendment approved May 24, 1913; Stats. 1913, p. 251.] Time of strikes. § 6. Nothing in this act contained shall apply to the operation of any train by said common carrier during times of strikes or walkouts, parti- cijiated in by any of the hereinbefore mentioned employees of such eom- iium carriers. [Amendment approved May 24, 1913; Stats. 1913, p. 251.] Not applicable to gasoline motor cars. § 7. 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. [New sec- tion approved May 24, 1913; Stats. 1913, p. 251.] Citations. Cal. 162/333; (§1) 162/332; (§§ 3 and 4) 162/333. ACT 2936. An act regulating the hours of labor of conductors, engineers, firemen, brakemen, train dispatchers and telegraph operators employed by any corporation or receiver operating a line of railway in whole or in part in the state of California, and prescribing penalties for viola- tion of this act. [Approved April 21, 1911; Stats. 1911, p. 952.] Amended 1913, p. 381. Sixteen hours on duty, limit for conductors, etc. Ten hours off. Nine hovirs for train dispatchers, etc. When not applicable. § 1. It shall hereafter be unlawful for any corporation or receiver operating any line of steam, electric railroad, or other railway, in whole or in part, in this state, or any officer, agent or representative of such cor- poration to require or knowingly permit any conductor, motorman, en- gineer, fireman, brakeman, train dispatcher, or telegraph operator to be or remain on duty for a longer period than sixteen consecutive hours. And whenever any such employee of such coinnion carrier shall have been continuously on duty for sixteen hours he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty; and no such employee who has been on duty Act 2936, §§ 2-4 general laws. 1820 sixteen hours in the aggregate in any twenty-four hour period shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty; provided, that no operator, train dispatcher, or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives or delivers orders per taiiiing to or affecting train movements shall be required or permitted to be or remain on duty for a longer period than nine hours in any twenty- four hours, in all towers, offices, places, and stations continuously operated night and day, nor for a longer period than thirteen hours in all towers, offices, places and stations operated only during the daytime, except in case of emergency; when the employees named in this proviso may be permitted to be and remain on duty for four additional hours in a twenty- four hour period or not exceeding three days in any week; provided, that the provisions of this act shall not apply in any case of casualty or un- avoidable accident, or the act of God; nor where the delay was the result of a cause not known to the carrier or its officer or agent in charge of such employee at the time said employee left a terminal, and which could not have been foreseen; and provided, further, that the provisions of this act shall not apply to the crews of wrecking or relief trains. [Amend- ment approved June 4, 1913; Stats. 1913, p. 3S1.] Hours off duty. § 2. It shall hereafter be unlawful for any corporation or receiver operating any line of railroad in whole or in part in this state, or any officer, agent, or representative of such company or receiver to require or knowingly permit any conductor, engineer, fireman, brakenian, train dispatcher or telegraph operator, who has been on duty for sixteen con- secutive hours and who has gone off duty, to again go on duty or per- form any work for such receiver or corporation until he has had at least eight hours off duty. Penalty for violation. § 3. Any corporation or receiver operating a line of railroad in whole or in part within this state, who shall violate any of the provisions of this act shall be liable to the state of California in a penalty of not less than two hundred dollars nor more than one thousand dollars for each offense, and such penalties shall be recovered and suit therefor shall be brought in the name of the state of California in any court having jurisdiction of the amount in any county into or through which said railroad may pass. Such suit or suits may be brought either by the attorney general of the state or under his direction by the district' attorney of any county or city and county in the state of California into'l or through which said railroad may pass. Officer of railroad liable. § 4. Anv officer, agent or representative of any corporation or re- ceiver ojierating any line of railroad in whole or in part within this' state, who shall violate any of the provisions of this act shall be 1821 RAILROADS. 'Act 2936a, §§ 1, 2 .leemed guilty of a misdemeanor, and upon conviction therefor stall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each offense, or by confinement in the county jail for not less than ten nor more than sixty days, or by both fine and imprisonment, and such person so offending may be prosecuted under this section, either in the county where such person may be at the time of commission of the offense, or in any county where such employee has been permitted or required to work in violation of this act. Exceptions. § 5. Provided, that the provisions of this act shall not apply in any case of casualty or unavoidable accident or the act of God; nor where tlie delay was the result of a cause not known to the cai'rier or its officer or agent in charge of such employee at the time said employee left a terminal, and which could not have been foreseen; provided, further, that the provisions of this act shall not apply to the crews of wrecking or relief traing. ACT 2936a. An act regulating headlights on all locomotives, and providing a pen- alty for violation of the provisions of this act. [Approved June 4, 1913. Stats. 1913, p. 522.] Electric headlights on locomotives. § 1. It shall be the duty of every railroad corporation, or receiver or lessee thereof, operating 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 com- ply therewith, to equip all locomotive engines used in the transpor- tation 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 ears or trains; provided, further, that this act shall not apply to locomotive engines used exclusively between sunup and sundown, 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 provided for is not necessary for the preservation of public safety. Penalty. , ,. « j • § 2 Any railroad company, or receiver or lessee thereof, doing business in the state of California, who shall violate the provisions of Act 2938, §§ 1, 2 GENERAL LAWS. 1822 this acf, 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 the name of the people of the state of California, by the attorney general or by the district attorney of any county in or through which said railroad may be operated. § 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. TITLE 410. EECLAMATIOX DISTRICTS. ACT 2938. An act creating a reclamation district to be known as Reclamation District No. 10, prescribing its boundaries and providing for the management and control thereof; dissolving Protection District No. 10, of Yuba county, California, and providing for the disposition of the indebtedness, rights, rights of way, levees and other works of reclamation of said protection district. [Approved May 26, 1913. Stats. 1913, p. 337.] Reclamation District No. 10 created, § 1. A reclamation district is hereby created to be called Reclama- tion District No. 10, and the boundaries of said reclamation district shall be as follows: beginning on the western line of the embankment of the Western Pacific Railroad at a point where the levee of Protection District No. 10 of Yuba county, California, joins said embankment, said point of beginning being seventy-one feet east of a point on the levee of Protection District No. 10, from which point the quarter section corner between sections 30 and 31, township 17 north, range 4 east, Mount Diablo meridian, bears south 24 degrees 30 minutes east, distant 2.')G3 feet, thence northerly to the outer or northern toe of the levee of said Protection District No. 10 where the same joins the embankment of said railroad; thence westerly and southerly following the outer toe of said levee, and following the meanders thereof, and of all other embank- ments forming a part of said levee to a point where said levee con- nects with the embankment of the Southern Pacific Railroad; thence easterly along said railroad embankment to a point where the outer toe of the" southeasterly levee of said Protection District No. 10 connects with said railroad embankment; thence northeasterly along the outer toe of said levee to a point where the same connects with the embank- ment of the Western Pacific Railroad; thence northerly along the west- erly side of the embankment of said railroad to the point of beginning. Management. § 2. The management and control of said reclamation district is hereby made subject to the provisions of the Political Code of the 1823 EECLAMATION DISTRICTS. Act 2940a, §§ 1, 2 state of California and other laws of this state, relative to reclamation districts formed under the provisions of said Political Code. Protection District No. 10 dissolved. § 3. Protection District No. 10 of Yuba county, California, is hereby- dissolved, excepting that said protection district shall continue to exist solely for the purpose of discharging any indebtedness thereof, that may be outstanding, and for the purpose of discharging such indebted- ness said protection district shall continue to exercise all of the powers heretofore belonging to it. All of the rights, rights of way, levees and other works of reclamation of said Protection District No. 10, are hereby vested in the reclamation district hereby created. § 4. All acts and parts of acts in conflict with this act are hereby repealed. ACT 2940a. An act legalizing the formation and organization of Eeclamation Dis- trict Number Eight Hundred, in the county of Contra Costa, state of California, fixing, defining and establishing the boundaries thereof, providing for its management and control subject to the provisions of the Political Code of the state of California and to other laws of said state relative to reclamation districts; and re pealing all acts and parts of acts inconsistent therewith. [Approved March 2, 1911. Stats. 1911, p. 265.] Reclamation District No. 800. § 1. The formation and organization of Eeclamation District Number Eight Hundred, in the county of Contra Costa, state of California, by the board of supervisors of the county of Contra Costa, state of Cali- fornia, is hereby approved, confirmed, ratified, legalized and declared valid. Boundaries. § 2. The exterior boundaries of said Eeclamation District Number Eight Hundred, in the county of Contra Costa, state of California, shall be, and the same are hereby fixed, defined, established and determined, as follows: Beginning at a point in the center of the levee on the west side of the Byron tract at a point four hundred and twenty-four and 5/10 (424.5) feet due east of a post marked "90 D," said post "90 D" being also the southwest corner of the southeast quarter (S. E. V^) of the southeast quarter (S. E. %) of section twenty-three (23) township one (1) north range three (3) east Mount Diablo base and meridian; running thence parallel and fifty (50) feet distant westerly from the center of the levee, the following courses and distances: South 14° 58' west fourteen hundred and fifty (1450) feet; thence south 26° 49' west two hundred (200) feet; thence south 0° 03' west Act 2941 GENERAL LAWS. 182-4 twenty-five hundred (2500) feet; thence south 0' 10' east thirtv-six hundred (3600) feet; thence south 12° 02' east five hundred and twentv (520) feet; thence south 0° 52' east twenty-two hundred and seventv-five (2275) feet; thence south 36° 25' west to northeast corner of west' half (W. Vo) of northeast quarter (N. E. %) of section two (2) township one (1) south range three (3) east, Mount Diablo base and meridian; thence south 0° 30' east 1320 feet to U. S. segregation post No. 12; thence on true line due west to the U. S. segregation post No. 13, being the northwest corner of the southwest quarter (S. W. ^4) of the north- east quarter (N. E. %) of section two (2) township one (1) south range three (3) east; thence due south along the one-half (M;) section line through sections two (2), eleven (11) and fourteen (14) to a point eight hundred and fifty-three (853) feet north of the United States segrega- tion post No. 14, said post being also the northwest corner of the south- west quarter (S. W. 14) of the southeast quarter (S. E. i/4) of section fourteen (14) township one (1) south range three (3) east; thence north 89° 12' east five hundred and seventy-five (575) feet to end of levee extending from the dredger cut to the highland; thence along said levee in a southwesterly and easterly course to the head of Italian slough; thence down the left bank of said Italian slough to its junction with Old river; thence down the left bank of Old river following its meander- ings to the junction of Indian slough; thence up the left bank of Indian slough following its meanderings to the canal at the head of slough, thence up the left bank of canal to the sandy knoll being in the south- east quarter (S. E. %) of section twenty-three (23) township one (1) north range three (3) east, Mount Diablo base and meridian; thence southwesterly and fifty (50) feet westerly at right angles from center of levee to the place of beginning. All of the lands above described herein, are situate in the county of Contra Costa, state of California. Boundaries. § 3. Tlio management and control of said Reclamation District Num- ber Eight Hundred, in the county of Contra Costa, state of California, is hereby made subject to the provisions of the Political Code of the state of California, and other laws of this state relative to reclamation districts formed under the provisions of said Political Code. § 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 5. This act shall take effect and be in force immediately. ACT 2941. Citations. App. 11/404. 1S25 RECLAMATION DISTRICTS. Act 2944, § 3 ACT 29U. Sutter county, Levee District Number One, defining boundary and pro- viding for the care of, etc. [Stats. 1873-74, p. 511.] Amended 1877-78, p. 914; 1889, p. 355; 1901, p. 629; 1907, p. 47; 1911, p. 847. The amendments of 1911 are as follows: Directors. Chairman. Successors of supervisors. Accounts. Records. Reports. Offices. Meeting. Repairs. Contracts. § 3. The directors shall each, within ten days after their election, take the usual oath of office, and shall, at their first meeting, decide by lot, so that one shall go out of office on the first Monday in March next succeeding the next general election for state and county officers; another to go out on the first Monday of March, after the next general election, and so on; and a successor shall be elected at each general election next preceding such time of expiration of term of office. At said first meeting, they shall elect a chairman and a clerk from their number, and a majority shall be a quorum for the transaction of any Inisiness. The board of directors are hereby constituted and declared to be the legal representatives and successors to the board of supervisors of Sutter county, in all matters appertaining to Levee District Number One, and are hereby authorized to take absolute charge, control and pos- session of all levees, or other works of reclamation, and all property, real and personal, belonging to said district, and to perform all the duties appertaining to said levee district heretofore devolving on said board of supervisors, except as herein provided. All bills and accounts against said levee district, either for contracts or otherwise, shall be presented to the board of directors, and be by them approved and certified to as correct by the clerk of the board, before payment for the same can be made; and the county auditor is hereby required to draw his warrant on the county treasurer for the amount of any account so approved and certified, in the same manner as if ordered by the board of supervisors. All claims and demands against said district shall, before the same are approved and allowed by the board of directors, be itemized and verified in the same manner as claims against a county are required by law to be itemized and verified. Each director of said district shall, before taking office and within ten days after his election or appoint- ment, file a bond in the sum of five hundred dollars, with sufficient sure- ties, conditioned for the faithful performance of his official duties, said bond to be approved by the judge of the superior court of said Sutter ( ounty and to be filed in the office of the county clerk of said county. The board of directors of said district shall, in addition to the duties now required of them by law, keep all necessary and proper books of account in which shall be entered all receipts and expenditures, with the source and nature of the same, for or on behalf of said district, and 115 Act 2944, § 3 GENERAL LAWS, 1826 shall keep a minute book in which shall be entered the proceedings of each meeting of said board. The books and accounts of the district shall be experted once a year and the said board shall annually publish, in a newspaper printed and published in said district, a complete statist tical report showing in detail the financial transactions for and on behalf of the district for the preceding year and the financial condition of the district. The board shall keep an office in said district for the transaction of the business thereof, and all books, maps, records, papers and contracts relating to the affairs of the district shall at all times be open to the inspection of the taxpayers of the district and all persons interested therein. The board shall hold regular meetings on the second Monday of each and every month and special meetings may be held at any time, all of the members of the board being present; or special meetings may be ordered by a majority of the board by an order in writ- ing signed by the members calling such meeting. At least one day's notice of such special meeting must be given, personally or by mail, to the members not joining in the order. All meetings must be held at the office of the board. No member of the board shall be interested, directly or indirectly, in any property purchased for the use of the district, nor in the jjurehase or sale of any property belonging to the district, nor in any contract made by the board, or other person, on behalf of the dis- trict, for the construction or repair of any levee or other improvement for the district. The board shall annually cause to be prepared, and shall adopt, plans and specifications of all necessary repairs to the levees of said district and of any new levees to be constructed and all other works of improvement for the benefit of the district, and shall divide such work into convenient sections. Said plans and specifications shall be filed in the office of the board not later than the first day of July of each year and shall be subject to inspection by any person interested therein for at least two weeks prior to the letting of any contract for work in accordance with such plans and specifications. If the cost of repair or construction in any one of said sections will exceed the sum of five hundred dollars the board must, not later than the first day of July in each year, give notice by publication at least once a week for two consecutive weeks in one or more newspapers printed and published in said Sutter county, that sealed proposals will be received and opened at the office of said board, at a time in said notice specified, for the construction of repairs, new levees and other works of improvement in each separate section of said work, and for the whole work, in accord- ance with said plans and specifications. At the time and place specified in said notice the board shall publicly open said bids and let the contract or contracts to the lowest responsible bidder or bidders; provided, however, that the board may reject any and all bids. If any or all such bids are rejected the board shall immediately readvertise for bids, as in the first instance, for such work as has not been let and upon the opening and consideration of such new bids the board shall have the right to reject any or all of them and have such work done by day's 1827 RECLAMATION DISTBICTS. Act 2944, § 5 work. Every person, firm or corporation to whom a contract shall be awarded shall enter into a bond with snflficient sureties, to be approved by the board, in a sum equal to one-half of the contract price, condi- tioned for the faithful performance of said contract in accordance with said plans and specifications. In cases of great emergency the board may, by the unanimous consent of all the members, proceed at once to replace or repair any and all levees in the district without notice. [Amendment approved March 13, 1911; Stats. 1911, p. 347.] Elections. List of electors. County treasurer tax collector. Vacancy in board. § 5. All elections hereafter held in said levee district for the election of directors and assessor shall be held at the same time and places within said levee district as the general state and county elections are held, and be conducted by the same election boards as shall hold and conduct such general elections, but separate ballot-boxes and separate poll lists shall be provided and kept for such elections for district officers, and separate returns thereof shall be made to the board of supervisors, and shall be by them canvassed and disposed of as provided in section 2 of this act. Only electors of said district, whose names appear on the last preceding assessment-roll thereof as the owners of property assessed to them for district purposes, shall be entitled to vote at district elections. The tax collector of the district shall, at least five days before the date of any election therein for district purposes, prepare from the last preced- ing assessment-roll of the district a list of the names of electors therein as shown by such assessment roll and shall certify to said list and deliver to the board of directors of said district as many copies of said certified list as there are election precincts in whole or in part in said district, and said board of directors shall, before the opening of the polls at any district election, furnish one of said certified copies to the board of elec- tion in each precinct in whole or in part in said district. No tax col- lector shall hereafter be elected for said district, but the county treas- urer of Sutter county shall be ex-officio tax collector of said district, upon his taking the iasual oath and entering into proper bonds to said district in such amount as the board of directors may require, and with sufficient sureties to be approved by said board, conditioned for the faithful performance of his official duties as such tax collector, and filing the same with the clerk of said board; provided that should such bond not be so filed on or before the first Monday in January next succeeding the election of said county treasurer, the office of tax collector shall be vacant. Should a vacancy occur in the office of tax collector of said district, it shall be filled by appointment by the board of directors, and such appointee shall take the oath and give bond as aforesaid, and thereafter hold su^h office during the pleasure of the board of directors, but not later than the first Monday in January following the next suc- ceeding general election for county officers in Sutter county. Should a vacancy occur in the board of directors, such vacancy shall be filled by Act 2944, § 8 GENERAL LAWS. 1828 appointment by the remaining members of the board, and such appointee shall qualify and thereafter hold such office until the next succeeding general election for state and county officers, when his successor shall be elected for the remainder of the term. Should a vacancy occur in the office of assessor it shall be filled by appointment by the board of directors. [Amendment approved March 13, 1911; Stats' 1911, p. 349.] Annual meeting. Per cent of taxes necessary. Rate fixed. Monthly settlements. § 8. The board of directors must meet on the first Monday in July of each year, to examine the assessment-roll and equalize the assessment of piojicrty in said district. It must continue in session for that pur- jiose, from time to time, until the business of equalization is disposed of, but not later than the third Monday in July. The board has power, after giving notice in such manner as it may by rule prescribe, to increase or lower the entire assessment-roll or any assessment contained therein, so as to equalize the assessment of the property contained in said roll, and make the assessment conform to the true value of the property in money. During such session tlie board may correct any errors, omissions, or defects in form or description in the assessment-roll, and may direct the assessor to assess any ])roperty that has escaped assessment. Upon the hearing of any question arising during the course of such equalization, the board may subpoena such witnesses, and hear and take such evidence in relation to the subject pending, as in its dis- cretion it may deem proper. The clerk shall note all alterations made in valuations or assessments, and within five days after the session have the total values, as finally equalized by the board, extended into columns, and added up, and shall forthwith deliver the assessment-roll so corrected, to the county auditor. In order to find the per cent of taxes necessary to be levied, the board shall find: First — The amount necessary to pay the interest and any part of tho principal that may become due for the then current year on the funded debt of said district. Second — The probable amount that may be needed for repairs, etc. Third — The amount needed for salaries, fees and delinquencies. Fourth — The amount of floating debt that it may be desirable to pay during the then current year; and from tliese several amounts shall find the rate per cent necessary to produce the probable fund needed for the ensuing year. The board of directors shall meet on the third Monday in September and Gx such rate, and when so fixed, the clerk of the board shall certify the same to the county auditor. The auditor must then compute, and outer into a sejiarate monc}' column in the assessment-book, the respec- tive sums, in dollars and cents, rejecting the fractions of a cent, to be paid as a tax on the property therein enumerated, and foot up the col- umn, showing the total amount of such taxes, and on or before the second Monday in October said auditor must deliver said assessment- 1829 RECLAMATION DISTRICTS. Act 2944, §§ 10, 11 book to the tax collertor of the district. On delivering the assess- ment-book to the tax collector, the auditor must charge the tax collector with the full amount of the taxes levied and unpaid. On receipt of such assessment-book the tax collector of the district must publish a notice for a least two weeks in one or more newspapers published in the district, specifyinfj that all taxes are due and payable, and that the same will be delinquent at noon on the first Monday of January next succeeding, and that unless paid prior thereto a penalty of ten per cent will be added thereto. On the first Monday in each month the tax collector must settle with the auditor for all moneys collected for the district, and pay the same to the treasurer of the district, and on the third Monday in May of each year the said tax collector must attend at the office of the auditor with the assessment book, having all items of taxes and penalties collected marked "paid," and at the same time he shall deliver to the auditor the assessment-roll of the district. The auditor shall thereupon credit the tax collector with all unpaid taxes, and shall make out and deliver a list of the same to the board of di- rectors, and said board of directors shall immediately commence an action, or actions, as provided in section 9 of this act, for the collection thereof. [Amendment approved March 13, 1911; Stats. 1911, p. 350.] Levee District No. 1 fund. Warrants not paid. § 10. All moneys received or collected for or on behalf of said dis- trict shall be paid into the county treasury of said Sutter county in the same manner as county moneys are required by law to be paid into the county treasury; and upon receipt of any money from the tax col- lector of said district, or for the benefit thereof from any other source, the county treasurer of said Sutter county shall place the same to the credit of the Levee District Number One fund, from which he shall set apart a sum sufficient to pay the interest and such part of the prin- cipal as may become due cluring the current fiscal year on any bonded indebtedness of the district, and shall pay the same out in accordance with the law under which such bonds were issued; the remainder of such Levee District Number One fund shall be paid out only on warrants drawn by the county auditor of Sutter county upon such fund and paid by the county treasurer in the same manner as county moneys are re- quired by law to be paid out; provided, that warrants presented and registered as not paid for want of funds shall bear six per cent in- terest per annum from date of registration. [Amendment approved March 13, 1911; Stats. 1911, p. 351.] Salary of directors. Assessor. Tax collector. Auditor. Election offi- cers. § 11. The directors shall each receive an annual compensation of five hundred dollars, payable in quarterly installments of one hundred and twenty five dollars each, on the first Monday in June, September, December and March of each year, which sum shall be in full compensa- tion for all services of every nature or kind rendered by said directors. Acts 2946-2956a general laws. 1830 The assessor shall receive five hundred dollars per annum, payable in two equal installments of two hundred and fifty dollars each on the first Monday in May and August of each year. The tax collector, or ex- officio tax collector of the district shall be entitled to receive as com- pensation for his services one per cent on the first fifty thousand dollars, and one-half of one per cent on all sums over fifty thousand dollars, col- lected by him for the use of the district. The county auditor of Sutter county shall receive an annual compensation for his services for said district of two hundred and fifty dollars, payable in equal installments on the first Monday in January and July of each year. The election officers shall receive for their services such sum as the board of directors shall deem just and reasonable. [Amendment approved March 13, 1911; Stats. 1911, p. 352.] ACT 2946. Levee District No. 2, Sutter county, defining boundary and providing for government of. [Stats. 1875-76, p. 391.] Amended and supplemented 1893, p. 199; 1895, p. 236. Amended 1911, p. 657. The amendment of 1911 is as follows: Levee District No. 2 fund. § 10. Upon receipt of any money from the tax collector of the dis- trict, the county treasurer of Sutter county shall»]iiaoe the same to the credit of Levee District Number Two fund, from winch he shall set apart a sum sufficient to pay the interest and such part of the principal as may become due during the current fiscal year on any bonded indebted- ness of the district, and shall pay the same out in accordance with law under which such bonds were issued; the remainder of such Levee Dis- trict Number Two fund shall be paid out only on warrants of the dis- trict, in the order of presentation to the treasurer. If the fund is in- sufficient to pay any warrant, it must be registered by the treasurer, and thereafter paid in the order of registration; provided that war- rants jirosented and registered shall bear only seven per cent interest per annum from date of registration. [Amendment approved April 5, 1911; Stats. 1911, p. 657.] ACT 2949. Citations. App. 11/406. ACT 2956a. An act legalizing the consolidation and reorganization of Reclamation District No. 729 with Reclamation District No. lOS, in the counties of Yolo and Colusa; fixing, defining and establishing the boundaries of the consolidated district; providing for its management and 1831 RECLAMATION DISTRICTS. Act 2956a, §§ 1-3 control, subject to the provisions of the Political Code of Califor- nia, and to other laws of said state relative to reclamation districts; and repealing all acts and parts of acts inconsistent therewith. [Approved April 23, 1913. Stats. 1913, p. 62.] Consolidation of Reclamation District No. 729 with No. 108. Assess- ment lists. § 1. The reorganization and consolidation of Reclamation District No. 729, with Eeelamation District No. 108, in the counties of Yolo and Colusa, pursuant to notice thereof filed in the office of the county re corder of Yolo county, are hereby approved, confirmed, ratified, legalized and declared valid. The territory hereinafter bounded and described shall constitute the consolidated and reorganized district, to be known and numbered Reclamation District No. 108, as heretofore designated on the register of the state land office, which shall be the snecessor of each of said two reclamation districts, and its board of trustees shall be the successors of and shall have all of the powers, duties and ob- ligations that the said respective boards of trustees of each of the two districts had prior to such consolidation, and shall have power to take all proceedings required or necessary, and perform all acts re- quired or authorized by the board of trustees for, and to levy or collect assessments in each of said districts, for any indebtedness existing in either, prior to their consolidation. The assessment lists of each dis- trict, and of the consolidated district, shall be filed with the board of supervisors of Colusa county, who shall hear objections to any assess- ments, modify, amend or approve the same, pursuant to the provisions of section 34C2 of the Political Code, and original lists shall thereafter, pursuant to said last-mentioned section, be filed with the county treas- urer of Colusa county, and the certified copy therein referred to, with the county treasurer of Yolo county. None of the lands contained within the description set forth in section 3 of this act, which do not lie within the boundaries of either Reclamation District No. 108 or Reclamation District No. 729, prior to their reorganization and con- solidation, as set forth in section 1 hereof, shall be liable for any in- debtedness or obligations of either incurred before this act shall take effect. Management. § 2. The management, control and government of said Reclamation District No. 108, as so reorganized and consolidated, and in all proceed- ings in relation thereto, and of the board of trustees thereof, in all other respects, shall be under and pursuant to all of the provisions of the Political Code of California, and to the other laws of said state relative to reclamation districts formed under the said Political Code. Boundaries. § 3. The exterior boundaries of said Reclamation District No. 108, in the said counties of Colusa and Yolo, as so reorganized and con- Act 2956a, § 3 general laws. 1832 Eolidated, shall be, and the same ar* hereby fixed, defined, established and determined as follows: Commencing at a point on the right bank of the Sacramento river at a point from whence an oak tree 30 inches in diameter standing 270 feet southerly from the center of an Indian mound boars south 4oi4° west 640 feet distant, and which point is the northwest corner of Reclamation District No. 787, in the county of Yolo, state of California; thence south 43Vi° west, along the westerly bound- ary line of reclamation district No. 787, to said oak tree 30 inches in diameter, situated 270 feet southerly from the center of said Indian mound; thence south 43%° west, along said boundary of Reclamation District 787, to an oak tree 4 feet in diameter, having an 8-inch wire nail in the north side; thence, continuing along said boundary of said district, south 14° west, about 9,250 feet to a point one-quarter of a mile west of the center of section six (6) in township eleven (11) north, range two (2) east, Mount Diabio base and meridian; thence south three-fourths (•%) of a mile to the southeast corner of the north- west quarter of the northwest quarter of section seven (7) in said last-mentioned township and range; thence west to range line between ranges one and two east, and the southwest corner of said northwest quarter of the northwest quarter of said section seven (7); thence south, along the range line to the southeast corner of section twelve (12) in township eleven (11) north, range one (1) east, Mount Diablo base and meridian; then<;e west, one and one-half (IVj) miles to the quarter section corner between sections eleven (11) and fourteen (14) in said last-mentioned township and range; thence north, through the center of said section eleven (11) to the quarter section corner be- tween said section eleven (11) and section two (2) in said laat-men- tioned township and range; thence west one (1) mile to the quarter section corner between sections three (3) and ten (10), said last men- tioned township and range; thence north one (1) mile through the center of section three (3) to the township line between townships eleven (11) and twelve (12) north, and to the quarter section comer between section three (3) in said township eleven (11) and said section thirty-four (34) in township twelve (12) north, range one (1) east; thence west one mile to the quarter section corner between section four (4) in township eleven (11) north and section thirty-three (33) in township twelve (12) north, range one (1) east; thence n.orth 1)0° 50' east to a point nine hundred eighty-four and three-tenths (9S4.3) feet south of the center of said section thirty-three (33) in township twelve (12) north, range one (1) east; thence north 81° 59' west twenty- six hundred and eighty and four-tenths (2CS0.4) feet to the line be- tween sections thirty-two (32) and thirty-three (33), in said last-men- tioned township and range; thence south, along said line, to the south- east section corner of said section thirty-two (32); thence west one (1) mile to the southwest corner of said section thirty-two (32); thence north, a'ong the section line between sections thirty-one (31) and thirty two (32) in said township and range to a point seven hun- 1833 RECLAMATION DISTRICTS. Act 2956a, § 3 dred and forty-six and two-tenths (746.2) feet north of the quarter sec- tion corner between said sections thirty-one (31) and thirty two (32); thence north 31° l-t' 30" west, eleven thousand five hundred and twenty- seven and one-tenth (11,527.1) feet to a point six hundred (600) feet west of the quarter section corner between sections nineteen (19) and twenty-four (24), and townships one east and one west; thence parallel with the meridian line n. 00° 04' east to the north boundary line of section one (1) in said township twelve north, range one west, and the line between the counties of Yolo and Colusa; thence, northeasterly in a straight line to the northeast corner of the southeast quarter of section thirty-six (36) in township thirteen (13) north, range one (1) vrest. Mount Diablo base and meridian, in the county of Colusa; thence north to the northeast corner of said section thirty-six (36) ; thence continuing north to an intersection with a line running parallel with and five hundred (500) feet westerly from the westerly base of "Howell Point" levee, which point of intersection is one and ninety-six hun- dredths (1.96) chains south of the northeast corner of section twenty five (25) in said township thirteen (13) north, range one (1) west, M. D. M.; thence north 31° 45' west, parallel with and five hundred feet westerly'- of the base of said "Howell Point Levee" sixty-six and ninety-six hundredths (66.96) chains; thence north 48° 15' west, to an intersection with the south line of section eleven (11) said last- mentioned township and range, at a point one and sixty-four hundredths (1.64) chains east of the southwest corner of said section eleven (11); thence west one and sixty-four hundredths (1.64) chains to the south- west corner of section eleven (11); thence (variation 18° 30' east) north 00° 7' east, three and ninety-three hundredths (3.93) chains to the westerly boundary of a certain tract of land over which Henry Gregory granted to Eeclamation District No. 108 a right of way for levee and canal purposes, by deed recorded in the office of the county recorder of the county of Colusa, on the 31st day of March, 1903, in book 55 of deeds at page 514; thence (variation 18° 30' east) north 42° 27' west, along the western boundary of said last-mentioned tract, one hundred and four and twenty-four hundredths (lfl4.24) chains to a stake on the line between sections three (3) and ten (10) said last- mentioned township and range, at a point fourteen and twenty-nine hundredths (14.29) chains east of the northwest corner of said section ten (10); thence west, along the line between said sections three (3) and ten (10) to the said northwest corner of said section ten (10); thence north, on the line between sections three (3) and four (4) in said last-mentioned township and range, fifteen and sixty hundredths (15.60) chains to the westerly boundary of a certain tract of land over which Andrew Hopkins granted to Eeclamation District No. 108 a right of way by deed recorded in the office of the county recorder of Colusa county, on the 31st day of August, 1906, in book "62" of deeds, at page 102; thence north 42° 27' west, forty three and twenty-nine hun- dredths (43.29) chains; to an intersection with the north boundary line Act 2956a, § 3 general laws. 1834 of land now owned by Andrew Hopkins in pection four (4); thence, continuing on same course, forty-three and eleven humlredths (43.11) chains to township line between townships thirteen and fourteen north, range one west, at a point seven and twenty-seven hundredths (7.27) chains west of the quarter section corner between said section four (4) and section thirty-three (33) in township fourteen (14) north, range one (1) west; thence west to the quarter section corner between sections five (5), towushi]) thirteen (13) north, range one (1) west, and section thirty-two (32) in township fourteen (14) north, range one (1) west, Mount Diablo base and meridian; thence north to the center of section twenty-nine (29) township fourteen (14) north, range one (1) west; thence east t-o the center of section twenty-seven (27) said township and range; thence north to the center of the south half of section twenty two (22), said township and range; thence east to the northeast corner of the southeast quarter of the southeast quarter of said section twenty-two (22); thence north to the quarter section corner between sections twenty-two (22) and twenty-three (23), thence east to the quarter section corner between sections twenty-three (23) and twenty four (24), said township and range; thence north to the northwest corner of the southwest quarter of the northwest quarter of said section twenty-four (24) ; thence east to the center of the northwest quarter of said section twenty-four (24); thence north to the south line of section thirteen (13) same township and range; thence west to the southwest corner of said section 13; thence north to the quarter section corner between sections thirteen (13) and fourteen (14), same township and range; thence east, through the center of said section thirteen (13) to the quarter section corner between sections 13 and 18 on the meridian line between ranges one (1) west and one (1) east; thence south along the meridian line, and east boundary of said section thirteen (13) and twenty-four (24) to the southwest corner of the northwest quarter of the northwest quarter of section nineteen (19) in township fourteen (14) north, range one (1) east, M. D. M.; thence east to the midsection line running north and south through the center of said section nineteen (19); thence south to the southeast corner of the northeast quarter of the northwest quar ter of section thirty (30), said township and range; thence west to the center of the northwest quarter of said section thirty (30); thence south to the midsection line running east and west through said section thirty (30); thence east to the center of said section thirty (30); thence south to the southwest corner of the northwest quarter of the northeast quarter of section thirty-one (31); thence east to the center of the north- east quarter of said section thirty-one (31); thence south to the mid- section line running east and west through said section thirty-one (31); thence east to the east line of said section thirty-one (31); thence north to the southeast corner of the northeast quarter of the southeast quarter of said section thirty (30) thence west to the center of the southeast quarter of said section thirty (30); thence north to the midsection lino running east and west through the center of said section thirty (30); 1835 RECLAMATION DISTRICTS. Act 2956a, § 3 thence east to the east line of said section thirty; thence north to the southeast corner of the northeast quarter of the northeast quarter of said section thirty (30); thence east to the midsection line running north and south through the center of section twenty-nine (29), same town- ship and range; thence north to the north line of said section twenty- nine (29); thence east to the northeast corner of the northwest quarter of the northeast quarter of said section twenty nine (29); thence south to the midsection line running east and west through the center of said section twenty-nine (29); thence east to the center of section twenty- eight (28) in said township fourteen (14) north, range one (1) east; thence south to the southeast corner of the northeast quarter of the southwest quarter of section thirty-three (33) said township and range; thence west to the center of the southwest quarter of said section thirty- three (33); thence north to the midsection line running east and west through the center of said section thirty three (33); thence west to the west line of said section thirty-three (33); thence south to the southwest corner of section thirtj^-three (33); thence east to the southwest corner of the southeast quarter of the southwest quarter of said section thirty- three (33); thence south to the center of the northwest quarter of sec- tion four (4) in township thirteen (13) north, range one (1) east, M. D. M.; thence west to the west line of said section four (4); thence south to the quarter section corner between sections four (4) and five (5) in said last-mentioned township and range; thence east to the south- east corner of the southwest quarter of the northwest quarter of said section four (4) ; thence north to the center of the northwest quarter of said section four (4); thence east to the east line of said section four (4) ; thence north to the northeast corner of said section four (4) and the township line; thence east along said township line between town- ships thirteen (13) and fourteen (14) north, range one (1) east, to the quarter section corner between sections thirty-five (35) in township fourteen (14) north, range one (1) east, and section two (2) in township thirteen (13) north, range one (1) east, M. D. M.; thence south to the center of said section two (2); thence east to the east line of said section two (2); thence south to the quarter section corner between sections eleven (11) and twelve (12) in said township thirteen (13) north, range one (1) east; thence west to the center of the east half of said section eleven (11); thence south to the south line of said sec- tion eleven (11); thence west to the quarter section corner between sections eleven (11) and fourteen (14) in said township and range; thence south to the center of said section fourteen (14); thence west to the west line of section fourteen (14); thence south to the southwest corner of said section fourteen (14); thence west to the southwest corner of the southeast quarter of the southeast quarter of section fifteen (15); same township and range; thence south to the south line of section twenty-seven (27), same township and range; thence west to the quarter section corner between sections twenty seven (27) and thirty-four (34) same township and range; thence south, through the Act 2966a, §§ 1, 2 general laws. 1836 center of said section thirty-four (34) to the south line of said section thirty-four (34) and the township line; thence east, along the township line to the right or west bank of the Sacramento river; thence south- easterly, along and with the said right or west bank of the said Sacra- mento river to the intersection with the east boundary line of section twelve (12) in township twelve (12) north, range one (1) east; thence south, along the east line of said section twelve (12) to its intersection with the right bank of said Sacramento river; thence down the right or west bank of said Sacramento river, southerly to the point of begin- ning. § 4. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed. ACT 2966a. An act excluding certain lands from Reclamation District No. 535, and providing for the continuance of said district as to the remaining lands within the boundaries thereof, and providing that the lands so excluded shall be liable for their just proportion of the legal indebtedness of said district, when the same shall be ascertained by law. [Approved December 18, 1911. Stats. Ex. Sess. 1911, p. 12.] Exclusion of lands from Reclamation District No. 535. § 1. Ail that portion of Reclamation District No. 53.'), embracing Liuds within the county of Sacramento, which lie within the limits of the city of Sacramento as they now exist, are hereby excluded from the said reclamation district, but without prejudice to the right of the said reclamation district to exist and continue as to the remaining lands \\ithin the boundaries thereof. The lands so excluded shall be liable for their just proportion of the legal indebtedness of said Reclamation District No. 535, when the same shall be ascertained by law. Declaration of urgency. Statement of facts. Annexation of city of Sacramento. Conflict of jurisdiction. § 2. This act is hereby declared to be an urgency measure within the meaning of section 1, article 4 of the constitution and is deemed necessary for the immediate preservation of the public peace, health, and safety. The following is a statement of the fact constituting such necessitj': That Reclamation District No. 535 is a reclamation district organized and existing under the laws of the state of California; that an election was held in accordance with law on the twelfth day of Soi)tembcr, 1011, for the purpose of determining whether certain ad- jacent territory should be annexed to the city of Sacramento embracing among other land to be annexed a portion of the land included Within the boundaries of said Reclamation District No. 535 and subject to the jurisdiction thereof; that at said election it was duly voted to include 1837 RECLAMATION DISTRICTS. Act 2966b, §§ 1, 2 such portion of said land within the city of Sacramento, and that by proceodinos duly had after due and legal notice given such portion of said Reclamation District No. 535 is now embraced within the bound- aries of the city of Sacramento, as they now exist and as srich is subject to the jurisdiction of the city of Sacramento as to the levying of assessment and collection of taxes, building of levees, promotion of drainage and protection from overflow; that to avoid a conflict of jurisdiction as to the right to give, control and regulate the same and to impose taxes and assessments thereon, and to establish a system of sewers and drainage therein, it is essential that all that portion of Reclamation District No. 535 embracing lands within the limits of the city of Sacramento as they now exist and being such land as became a part of the city of Sacramento by virtue of the election aforesaid should be excluded from said Reclamation District No. 535 without prejudice to the right of the said reclamation district to exist as to the remaining lands within the boundaries thereof. ACT 2966b. An act to create a reclamation district to be called "Reclamation Dis- trict No. 832," and providing for the control and management thereof. [Approved April 8, 1911. Stats. 1911, p. 808.] Reclamation District No. 232. § 1. A reclamation district is hereby created, to be called "Reclama- tion District No. 832," and the boundaries of such reclamation dis- trict shall be as follows: Commencing at the northeast corner of section eight (8), township seventeen (17) north, range two (2) east; thence west one (1) mile to the northwest corner of said section eight (8); thence south one (1) mil© to the southwest corner of said section eight (8); thence west to Butte creek; thence southerly along said Butte creek to the south boundary line of Butte county; thence on a direct line to the center of section thirty two (32), township seventeen (17) north, range one (1) east, county of Sutter, state of California; thence east six (6) miles to the center of section thirty-two (32), township seventeen (17) north, range two (2) east; thence north one-half (Vo) mile to the north line of said section thirty-two (32); thence east one-half (i^) mile to the northeast corner of said section thirty-two (32); thence north four (4) miles to the place of beginning. Control. § 2. The management and control of said reclamation district is hereby made subject to the provisions of the Political Code of the state of California and other laws of this state relative to reclamation districts formed under the provisions of said Political Code. Acts 2966c, 2966d ' general laws. 1838 § 3. All acta and parts of acts inconsistent with the provisions of this act are hereby repealed. This act shall take effect immediately. ACT 2966c. An act to create a reclamation district to be called "Reclamation Dis trict No. 833," and providing for the control and management thereof. [Approved April 8, 1911. Stats. 1911, p. 809.] Reclamation District No. 833. » § 1. A reclamation district is hereby created, to be called "Recla- mation District Xo. 833," and the boundaries of such reclamation district shall be as follows: (.'onimencing at a point where the north boundary line of township seventeen (17) north, range three (3) east crosses the west line of drainage district number one (1) of Butte county; thence northerly aloug said west line of said drainage district to the Butte county canal; thence northerly along said Butte county canal to a point where said canal crosses the north boundary line of township eighteen (18) north, range three (3) east; thence west on township line to the Spring Valley canal; thence southwesterly along said Spring Valley canal to the north boundary line of township seventeen (17) north, range one (1) east; thence west on said township line to Butte creek; thence southerly along Butte creek to the north line of section eighteen (18), township seven- teen (17) north, range one (1) east; thence east along section line to the southwest corner of section eight (S), township seventeen (17) north, range two (2) east; thence north one (1) mile to the northwest corner of said section eight (8); thence east five (5) miles to the west boundary line of township seventeen (17) north, range three (3) east; thence north one (1) mile; thence east to the place of beginning in the county of Butte, state of California. Control. § 2. The management and control of said reclamation district is hereby made subject to the provisions of the Political Code of the state of California and other laws of this state relative to reclamation districts formed under the provisions of said Political Code. § 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 4. This act shall take effect immediately. ACT 2966d. An act to create a reclamation district to be called "Reclamation Dis- trict No. 831," and providing for the control and management thereof. [Approved April 8, 1911. Stats. 1911, p. 830.] Repealed May 24, 1913 (Stats. 1913, p. 251). 1830 EECLAMATION DISTRICTS. Act 29GG'i, § 1 ACT 2966e. An act to create a reclamation district to be called Reclamation District No. 1001, and providing for the management and control thereof, and dissolving certain levee districts, swamp land districts and reclamation districts within the boundaries of said Reclamation Dis- trict No. 1001, and providing for the liquidation and winding up of said dissolved districts. [Approved April 8, 1911. Stats. 1911, p. 831.] Reclamation District No. 1001. Boundaries. § 1. A reclamation district is hereby created, to be called Reclama- tion District No. 1001, and the boundaries of said reclamation district shall be as follows: Beginning at a point on the left bank of the Sacramento river, 672 feet north and 1834 feet west of the southeast corner of section 23, town- ship 11 north, range 3 east, M. D. B. & M., and running thence north 34° 30' east, a distance of 3460 feet to a point in the east line of said section 23, 1660 feet south of the northeast corner thereof; thence north 55° 30' east, a distance of 4.76 miles to a point in the west line of the land now owned and occupied by the Northern Electric Railway Com- pany, a corporation, the same being commonly known as the railroad right of way of said company; said point being 2445 feet north and 1173 feet west, of the southeast corner of section 4, township 11 north, range 4 east; thence north 24° 30' west, along the westerly right of way line of said Northern Electric Railway Company, a distance of 1.97 miles, to a point where the railroad of said company curves to the right, thence continuing along the westerly right of way line of said railway com- pany, running north 0° 13' east, a distance of 5.75 miles, to a point in the south line of section 29, township 13 north, range 4 east, M. D. B. & M.; thence east a distance of 4270 feet to the west line of the land now owned and occupied bj' the Western Pacific Railway Company, a corporation; thence north 8° 46' west, along the westerly line of said railway company's right of way, a distance of 1341 feet to the line between the north and south halves of the southeast quarter of section 28; thence east a distance of 1296 feet to a point in the east line of. said section 28; thence north along the east line of said section 28, a distance of 2640 feet to the southwest corner of the northwest quarter of the northwest quarter of section 27, township 13 north, range 4 east, M. D. B. & M.; thence east a distance of 1320 feet to the southeast corner of said northwest quarter of the northwest quarter of section 27; thence north 1320 feet to a point on the section line between sections 22 and 27; thence east 1320 feet to the quarter section corner between sections 22 and 27; thence north 2640 feet to the center of section 22; thence east 5280 feet to the center of section 23; thence north 1320 feet; thence east along the line through the center of northeast quarter of section 23 a.nd northwest quarter of section 24, a distance of 52S0 feet, to a point Act 296Ge, § 1 general laws. 18-10 in the line between the east and west halves of section 24; thence north 1320 feet to the quarter section corner between sections 13 and 24; thence enst 2640 feet to the corner of sections 13, IS, 19 and 24, town- ship 13 north, ranges 4 and 5 cast, M. D. B. & M.; thence east along the south line of sections 18 and 17, a distance of 8802 feet; thence so\ith 1320 feet; thence east 2640 feet; thence south 1320 feet; thence east, following a line through the center of section 21, a distance of 3960 feet, to the quarter section corner between sections 21 and 22; thence north along the east line of sections 21 and 16, a distance of 52S0 feet to the quarter section corner between sections 15 and 16; thence east 1320 feet; thence north 2640 feet to a point in the north line of section 15; thence east along the north line of said section 15, a distance of 2640 feet; thence north 1320 feet; thence east 3960 feet; thence north 1320 feet, to the center of section 11, thence east 1320 feet; thence north 204f) feet to a ftoint in the north line of section 11; thence east along the north line of sections 11 and 12, a distance of 1980 feet to a point; thence north 2894 feet to a point 254 feet north, and 660 feet east of the quarter section corner between sections 1 and 2, township 13 north, range 5 east, M. B. D. & M., said jioint being in the center line of Bear river, said center line being [)articiilarly defined as being 150 feet north- erly, and parallel with the base of the levee now constructed along the south bank of Bear river; thence following said center line of Bear liver, running south 89° west, 4213 feet; thence north 77" 30' west, 744 feet; thence south 70° 45' west, 1272 feet; thence south 44° 40' west, 4505 feet; thence south 83° 35' west, 1124 feet; thence south 76° 15' west, a distance of 910 feet to a point in the west line of section 10, township 13 north, range 5 east, 4290 feet north of the southwest corner thereof; said west line of said section 10, being the division line between Placer and Sutter counties; thent'e continuing along said center line of Bear river south 84° 40' west, a distance of 1118 feet to a point; thence south 73° 45' west, a distance of 4350 f(t't to a jmint in the west lino of section 9, township 13 north, range 5 east, 29S8 feet north of the southwest corner thereof; thence south 75° west, a distance of 1403 feet to a point; thence south 8S° 21' west, a distance of 664.» feet; thence north 89* 57' west, a distance of 427 feet; thence north 84° 26' west, a distance of 385 feet; thence north 80° 21' west, a distance of 707 feet; thence north 76° 14' west, a distance of 701.6 feet; thence south S9° 34' west, a distance of 528.5 feet; thence south 85° 16' west, a distance of 528.2 feet to a point in the west line of section 8, township 13 north, range 5 east, 28S2.7 feet north of the southwest corner thereof; thence continuing along said center line of Bear river running south S3' 54' west, a distance of 521 feet; thence south 81° 48' west, a distance of 597 feet; thence south 81° 33' west, a distance of 322 feet; thence south 84° 39' west, a distance of 307 feet; thence south 70° 23' west, a distance of 390 feet; thence south 69° 30' west, a distance of 768 feet; thence south 67° 25' west, a distance of 941 feet; thence south 72° 36' west, a distance of 1077 feet; thence south 76° 3' west, a distance of 797 feet; 1841 RECLAMATION DISTRICTS, Act 2966e, § 2 tlicuee south 77° 08' west, a distance of 449 feet; thence south 71° 58' v.est, a distance of 528 feet; thence south 71° 43' west, a distance of 398 feet; thence south 72° 28' west, a distance of 341 feet; thence south 76° 28' west, a distance of 357 feet to a point in the north and south center line of section 12, township 13 north, range 4 east; thence leaving said center line of Bear river and running south 83° 31' west, a distance of 5854.4 feet to a point in the boundary line between Sutter and Yuba counties, said point being 85 feet north and 600 feet west of the quarter section corner between sections 11 and 14, township 13 north, range 4 east, M. D. B. & M.; thence in a westerly and southwesterly direction following the said boundary line between said counties of Sutter and Yuba, to a i)oint on the left bank of the Feather river, at the junction of Bear and Feather rivers; thence in a southwesterly direction along the left bank of the Feather river, following the meanderings thereof, to where the same intersects the Sacramento river; thence down the left bank of said Sacramento river, following the meanderings thereof, to the point of beginning. Control. Trustees. Election of. Jurisdiction. Funds deposited. Pow- ers. What laws apply. § 2. The management and control of the said district is hereby made subject to the provisions of the Political Code of the state of California, and other laws of the state, relative to reclamation districts formed under the provisions of the said Political Code, or such as may be hereafter enacted. The management and control of the said district shall be vested in three (3) trustees. H. L. Hansen and C. W. McConaughy are hereby ajipointed to act as trustees of the said district in conjunction with a third trustee, who shall be appointed by the board of supervisors of the county of Sutter, at the next regular meeting of the said board after the passage of this act; and the said H. L. Hansen and the said C. W. McConaughy and the third trustee so appointed shall hold office as such trustees until their successors are elected and qualified. An election of three trustees shall be held in the said district on the first Monday in May, 1911, and every two years thereafter, and the term of office shall be two years, and until their successors are elected and qualified. In case of any vacancy in the office of trustee of the said district, the board of supervisors of the said county of Sutter shall appoint a qualified per- son as trustee, who shall hold the said office for the unexpired term. The office of the said district shall be in Y^uba City, county of Sutter. The board of supervisors of the county of Sutter shall have jurisdiction of all matters concerning said district. All funds of the said district shall be deposited in the county treasury of the said county of Sutter, and shall be disbursed by the treasurer of the said county of Sutter in payment of the warrants of the said district. The said district shall have power to make by-laws in conformity with the provisions of law, and shall have all the rights and powers which are now or may hereafter 116 Act 2966e, § 3 general laws. 1842 be conferred by the provisions of the Political Code, or by other laws of the state, upon reclamation or swamp land districts, and shall also have the right and power of purchasing real and personal property and rights of way, within the boundaries of said district, or outside thereof, that may be necessary or desirable to carry out the purposes of the said district, or to acquire the same by condemnation proceedings, in the manner provided by law, and shall have the right and power to join in with other reclamation districts, levee districts, or swamp land dis- tricts, or other persons, in the construction and maintenance of levee and reclamation works, and to contract as to the same, and also to do all other acts and things that may be lawfully done by any reclamation district. All laws and parts of laws, now existing, or that may hereafter be enacted, relative to the qualification of electors for trustees, election of trustees, levy and collection of assessments, disbursements of funds, and the management and control of reclamation districts, and in and to all other matters pertaining to the management, control, or administra- tion of reclamation districts are, so far as the same may be applicable, made a part of this act, and shall be deemed to be incorporated herein. Districts dissolved. Districts excluded. § 3. All reclamation districts, levee districts, and swamp land dis- tricts wholly situated within the boundaries of said district, are hereby dissolved except for the purposes of liquidation and the disposition of property, and for these purposes only the existence of said districts is continued. Each of said reclamation districts, levee districts, or swamp land districts, shall pay all legal outstanding indebtedness that each may resjiectively owe, and may cause assessments or taxes to be levied and collected therefor, and may sell and dispose of any levees and other works of reclamation and property belonging to any of such districts, to the said Reclamation District No. 1001, and may use the proceeds received from such sale for the purpose of paying such indebtedness, and shall divide the excess of such proceeds, if any there be, among the land owners of land within such dissolved district in the propor- tion which the last assessment or tax assessed against each tract of land, as shown by the last assessment-roll or list within such dissolved district, shall bear to the total amount of the assessment or tax levied or assessed by the said last assessment roll or list, on all the lan';> within such dissolved districts; provided, that in the event that a sale of any of such levees or other works of reclamation or property shall be aj;reed upon, and the parties are unable to agree upon the price to be paid therefor, then the question of what price shall be paid there- for shall be determined by a board of arbitration to consist of three members to be appointed by the board of supervisors of the said county of Sutter, a majority of whom must unite in the decision, and the decision of a majority of said board of arbitration shall be final and conclusive. Any lands within the boundaries of said Reclamation District No. 1001, and now included in any reclamation district, however formed or 1843 KECLAMATION DISTRICTS. Act 2966f, § 1 existing, and which reclamation district is not wholly situated within the boundaiies of said Reclamation District No. 1001, are hereby excluded from said reclamation district now existing, and included within the said Reclamation District No. 1001; provided, however, that the said lands so excluded from any such existing district shall be liable for its just proportion of the existing indebtedness of any such existing district. Repeal of inconsistent acts. § 4. All acts, and parts of acts, inconsistent with the provisions of this act, and all acts creating any reclamation districts, levee districts, or swamp land districts, wholly within the above-described boundaries of said Reclamation District No. 1001, are hereby repealed. § 5. This act shall take effect from and after its passage. ACT 2966f. An act to create a reclamation district to be called Reclamation District No. 1000, and providing for the management and control thereof, and dissolving certain levee districts, swamp land districts, and reclamation districts within the boundaries of said Reclamation District No. lOOt), and providing for the liquidation and winding up of said dissolved districts. [Approved April 8, 1911. Stats. 1911, p. 835.] Reclamation District No. 1000. § 1. A reclamation district is hereby created to be called Reclama- tion District No. 1000, and the boundaries of said reclamation district shall be as follows: Beginning at a point on the left bank of the Sacramento river, 1320 feet east of the section line between sections 26 and 27, township 9 north, range 4 east, M. D. B. & M., and running thence in a straight line north 69° 30' east, a distance of 9890 feet to the corner common to sec- tions 19, 24, 25 and 30, township 9 north, ranges 4 and 5 east, M. D. B. & M., thence east a distance of 4870 feet to the west line of the land now owned and occupied by the Western Pacific Railway Company, a corporation, the same being commonly known as the railroad right of way of said company; thence north 8° 46' west, along the westerly line of said railway company's right of way, a distance of 11.16 miles to a point near the center of section 26, township 11 north, range 4 east, M. D. B. & M., at whicb point the said westerly right of way line of the Western Pacific Railway Company intersects the west line of the land now owned and occupied by the Northern Electric Railway Company, a corporation the same being commonly known as the railroad right of way of said company; thence north' 24° 30' west, along the westerly right of way line of said Northern Electric Railway Company, a dis- tance of 4.27 miles, to a point in section 4, township 11 north, range 4 east, M. D. B. & M., 2445 feet north and 1173 feet west of the southeast corner of said section 4; thence south 55° 30' west, a distance of 4.76 Act 2966f, § 2 GENERAL LAWS. 1844 miles to a point in the east line of section 23, township 11 north, range 3 east, M. D. B. & M., 1660 feet south of the northeast corner thereof; thence south 34° 30' west, a distance of 34C0 feet to a point on the left bank of the Sacramento river, 672 feet north and 1834 feet west of the southeast corner of said section 23; thence in a southerly and south- easterly direction, down the left bank of the Sacramento river, follow- ing the meaiidcrings thereof, to the point of beginning. Control, Election of trustees. Vacancy. Funds deposited. Eights and powers. What laws apply. § 2. The management and control of said Reclamation District No. 1000 is herebj' made subject to the provisions of the Political Code of the state of California, and other laws of this state, relative to reelama tion districts, formed under the provisions of said Political Code, or such as may be hereafter enacted. The management and control of said Kcclamation District No. 1000 shall be vested in three trustees, and the governor shall appoint three trustees who shall hold office until their successors are elected and qualified. An election of three trustees shall be held in said district on the first Monday in May, 1911, and every two years thereafter, and the term of office sliall be two years, and until their successors are elected and qualified. In case of any vacancy in the office of trustee of said district, the board of supervisors of the county of Sacramento shall appoint a qualified person as trustee, who shall hold said office for the unexpired term. The office of said district shall be in the city of Sacramento, and the board of supervisors of the county of Sacramento shall have pnisdiction of all matters concerning said district. All funds of said district shall be deposited in the county treasury of said county of Sacramento, anany, a corporation, the same being commonly km^wn as the railway right of way of said company; thence following said west- erly right of way line in a southerly direction by a curve to the right of five thousand six hundred twenty-nine and seven-tenths (5629.7) feet radius, a distance of two thousand one hundred eighty-four and fifty five hundredths (21S4..55) feet; thence south 18° 48'.!.' "west, a distance of five hundred thirty-one and twenty-two hundre«lths (531.22) feet to the point of intersection with the westerly line of the Northern Electric Railway Company's right of way; theuce south 55° 36iV west, a distance of four hundred sixty three and ninety-three hundredths (463.93) feet; thence by a curve to the right of one thousand nine hundred ten and one-tenth (1910.10) feet radius, a distance of two thousand fifty-six and sixty-seven hundredths (2056.67) feetj thence 1857 RECLAMATION DISTRICTS. Act 2980d, § 2 north 62° 4Tt/^' west, a distance of one thousand six hundred sixty-four and sixty-nine hundredths (1G64.69) feet; thence by a curve to the left of one thousand nine hundred ten and one-tenth (1910.1) feet radius, a distance of six hundred eighty-one and thirty-two hundredths (681.32) feet; thence north 83° 11^/1.' west, a distance of one thousand nine hundred sixty-nine and one-tenth (1969.1) feet; thence on a curve to the left of one thousand nine hundred ten and one-tenth (1910.1) feet radius, a distance of four hundred twentv-two and two-tenths (422.2) feet; thence south 84° OSi/l.' west two thousand two hundred thirty-four and forty-one hundredths (2234.41) feet; thence by a curve to the left of one thousand nine hundred ten and one-tenth (1910.1) feet radius, a distance of three hundred forty-six and one-tenth (346.1) feet; thence south 73° 27^1'' west, a distance of one thousand one hundred and forty-nine and eighty-nine hundredths (1149.89) feet; thence on a curve to the left of two thousand eight hundred sixty-four and ninety-three hundredths (2S64.93) feet radius, a distance of one thousand two hundred fifty-seven and five-tenths (12.57. .5) feet; thence south 48° ISV2' west, a distance of three hundred forty-seven and ninety-four hundredths (347.94) feet; thence on a curve to the right of one thousand two hundred five and thirty-seven hundredths (120.5.37) feet radius a distance of one thousand one hundred eleven (1111.00) feet; thence north 78° 51%' west, six hundred (600) feet, more or less, to the left or easterly bank of the Sacramento river; thence in a northeasterly direction following the meanderings of the easterly bank *Df the Sacramento river two hundred sixteen and seven-tenths (216.7) feet, more or less, to the point of beginning. .Management. Trustees. Vacancies. Office. § 2. The management and control of said Reclamation District T^o. 1400 is hereby made subject to the provisions of article 1 of chapter 1 of title 8 of part 3 of the Political Code of the state of Cali- fornia relating to swamp and overflowed lands and reclamation dis- tricts, or any amendments or additions thereto. The management and control of said Eeclamation District No. 1400 shall be vested in three trustees. C. E. Johnson, A. M. Paul and George J. Meister are hereby appointed as trustees of the said reclamation district to act until their successors are elected and qualified. An election of three trustees shall be held in said district on the fourth Tuesday in October, 1915, and on the fourth Tuesday in October every two years thereafter, and the term of office shall be two years and until their successors are elected and qualified. In case of any vacancy in the office of trustee of said district, the board of supervisors of the county of Sacramento shall appoint a qualified person as trustee, who shall hold said office for the remainder of said unexpired term. The office of said district shall be in the city of Sacramento and in such place aa the board of trustees thereof may from time to time fix. 117 , Acts 2981a, 2981b general laws. 1858 ACT 2981a, An act consolidating Reclamation District No. 742 and Eeclamation District No. 900, and providing for their liquidation and payment of all outstanding indebtedness. [Approved June 16, 1913. Stats. 1913, p. 950.] Reclamation Districts Nos. 742 and 900 consolidated. § 1. Reclamation District No. 742 and Reclamation District No. 900 are hereby consolidated under the designation of Reclamation District No. 900; provided, however, that the trustees of the respective districts fhail have the power and are directed to proceed to liquidate the affairs of each of said districts and to collect upon the assessments now existing against lands of said districts a sufficient amount to pay and discharge all outstanding indebtedness of said districts thereon. Ail existing laws are continued in force for the purpose of consummating said li(]uidation and collection of assessments therefor and the payment of outstanding indebtedness. Each of said districts shall respectively jay all of its existing indebtedness including any bonds that may have been heretofore issued. ACT 2981b. An act creating a reclamation district to be called and known aa "Reclamation District No. 1500"; providing for the management and control thereof and dissolving all levee districts, swamp land districts, and reclamation districts, lying wholly within the bound- aries of said Reclamation District No. 1500, providing for the liquidation and winding up of said dissolved districts, and ex- cluding from any levee district, swamp land district and re mile to the center of section 3; west 3 miles to the center of section 6; north ^/j mile to the quarter section corner on the north line of section 6; thence west along township line % of a mile; thence following legal subdivision lines in township 12 north range 1 west, north i^. mile; thence west Vt mile; thence north IVj miles to the quarter section corner on the north line of section 25; west V^ mile, north 1 mile to the north line of section 24; west ^/4 mile, north 1 mile to the north line of section 14; east % mile to the southwest corner of section 12; north 1 mile to the northwest corner of section 12; east ^'j mile to the quarter section corner on the south line of section 1; thence north on quarter section line 1 mile to the county line between the counties of Yolo and Colusa. Thence continuing north 1 mile to the quarter section corner on the north line of section 36, township 13 north, range 1 west, east V4 mile, north % mile, west % mile, to the center of section 25; north 'i mile, west V4 mile, north 14 mile, west Vi "'ile to the west line of section 24; north ^4 m'le to the quarter section corner on the east line of sec- tion 23; west % mile, north % of a mile, west V4 of a mile, north Vi of a mile to the quarter section corner on the north line of section 23; west 14 niile, north 14 mile, west ^/j mile, north 14 mile, west '^•2 mile, north 14 mile, west % mile to the west line of section 15; north V4 mile to the northwest corner of section 15; west Vi mile, north 1 mile to the north line of section 9; west % mile to the quarter section corner on the south line of section 4; north 'o mile to center of section 4, west 14 mile, north i/> mile to the north line of section 4; thence west along the township line •% of a mile to the quarter section corner on the south line of section 32, township 14 north, range 1 west. Thence following legal subdivision lines in township 14 north, range 1 west, north 1 lA miles to the center of section 29; west ^'j mile to the quarter section corner on the west line of section 29; north % of a mile, west ^4 of a mile, north 1 mile, west Vi of a mile, north i-; mile, west H mile, north 14 mile to the north line of section 18; west V4 mile to the north- west corner of section 18; thence north along the range line 2 miles to the northwest corner of township 14 north, range 1 west; thence along 1873 SACRAMENTO ETC. DRAINAGE DISTRICT. Act 3035, § 4 legal subdivision lines in township 15 north, range 2 west, as follows: west ^2 mile to the quarter section corner on the south line of section .■^6; thence north I14 mile; thence west ^,4 mile; thence ngrth % mile, thence west Vi mile to the west boundary line of section 25; thence north IVj miles to the southeast corner of section 14; thence west V^ mile; thence north 1 V_. miles; thence west Vi mile to the center of sectio'n 11; thence north Vl> mile to the quarter section corner on the south line of section 2; thence west ^/4 mile; thence north i/4 mile; tiience west 14 mile to the west line of said section 2; thence north % of a mile to the northwest corner of section 2; thence west i/^ mile to the quarter section corner on the south line of section 34, township 16 north, range 2 west; thence following legal subdivision lines in township 16 north, range 2 west, as follows: north i/> mile to the center of section 34; west Vj mile to the quarter section corner on the west line of section 34; thence north % mile to the northwest corner of sec tion 34; thence west }A mile to the quarter section corner on the south line of section 28; thence north 14 mile to the center of section 28; thence west Vj mile to the quarter section corner on the west line of section 28; thence north 14 mile to the southeast corner of section 20, township 16 north, range 2 west; thence west Yj mile to the quarter section corner on the south line of said section 20; thence north 14 mile; thence west V2 mile to the quarter section corner on the west line of section 20; thence north 914 miles to the southwest corner of section 32, township 18 north, ratige 2 .west; thence west 1 mile to the south- west corner of section 31; thence north three and five-eighths miles to the county line between the counties of Colusa and Glenn. Thence north 2% miles to the northwest corner of section 6, town- ship 18 north, range 2 west; thence east along the township line two miles to the southeast corner of section 32, township 19 north, range 2 west; thence north 1 mile to the northeast corner of said section; thence east 2 miles; thence north 1 mile; thence east 1 mile; thence north 2 miles; thence east 1 mile to the southeast corner of section 12, township 19 north, range 2 west; thence north along the range line, 3Vj miles to the quarter section corner on the east of section 25, town- ship 20 north, range 2 west; thence east ^2 mile; thence north 2V2 miles; thence east to the center of the Sacramento river; thence up the center of the said Sacramento river to the mouth of Chico creek; thence up said Chico creek to its intersection with the Mount Diablo meridian; thence south along the Mount Diablo meridian, dV^ miles more or less to the southwest corner of section 18, township 20 north, range 1 east. Thence east 1% miles; thence south 2 miles; thence east 2^/2 miles to the northwest corner of section 35, township 20 north, range 1 east; thence south 2 miles to the southeast corner of section 3, township 19 north, range 1 east; thence west 1 mile to the southwest corner of said section 3; thence south 15 miles to the southeast corner of section 21, township 17 north, range 1 east; thence west ^2 mile to the quarter 118 Act 3035, § 4 GENERAL LAWS. 1874 section corner on the south line of said section 21, which is the county line between the counties of Butte and Sutter. Thence south IV^ miles; thence west V2 mile; thence south % mile, to the northeast corner of section 5, township 16 north, range 1 east; thence west y^ niile; thence south 1 mile; thence west ^ mile; thence south 14 mile; thence west % mile; thence south % of a mile; thence west % of a mile, to the southwest corner of section 7, township 16 north, range 1 east; thence south along the Mount Diablo meridian, 2 miles to the southwest corner of section 19, township 16 north, range 1 east; thence east % of a mile; thence south Vj mile; thence east Vi mile; thence south ^j mile; thence east % mile; thence south l\^ miles; thence east % of a mile; thence south % of a mile; thence east *•(• mile, to the west line of section 9, township 15 north, range 1 east; thence south i/i mile, to the quarter section corner on the west line of said section 9; thence east 1 mile to the quarter section corner on the east line of said section 9; thence south ^j mile to the southwest corner of section 10, township 15 north, range 1 east; thence east 1 V4 mile; thence south V2 mile; thence east ^4 mile; thence south V4 mile; thence east 1 mile; thence north 14 mile; thence east % mile to the quarter section corner on the west line of section 18, township 15 north, range 2 east; thence north V4 mile, thence east Va mile; thence south % mile; thence east 1 mile; thence south ^ mile; thence east Vi mile; thence south 14 mile, to the south line of section 17, township 15 north, range 2 east; thence east 1% niiles to the quarter section corner on the south line of section 15, township 15 north, range 2 east; thence north IVj miles; thence east M.' mile, to the quarter section corner on the west line of section 11, township 15 north, range 2 east; thence north 1 mile to the quarter section corner on the west line of section 2 of said township; thence east 14 mile; thence north \-> mile to the quarter section corner on the north line of section 2, township 15 north, range 2 east; thence east along the third standard parallel north, to the south- east coVner of section 35, township 16 north, range 2 east. Thence north IV2 miles to the quarter section corner on the east line of section 26, township 16 north, range 2 east; thence west V4 mile; thence north IVL' miles to the south line of section 14, township 16 north, range 2 east; thence west % mile to the quarter section corner on the south line of said section 14; thence north l^/^ miles; thence west V4 mile; thence north % of a mile; thence west V2 mile; thence north % of a mile, to the south line of section thirty-four, township 17 north, range 2 east; thence west along the township line, Va mile; thence north \< mile; thence west ^4 mile to the quarter section corner on the west line of said section 34; thence north 1 mile to the quarter section corner on the west line of section 27, township 17 north, range 2 east; thence west Vu mile; thence north ^ mile to the county line between the counties of Sutter and Butte. Thence north i/.. mile to the center of section 21, township 17 north,, range 2 east; thence west 5V-; miles to the quarter section corner on 1875 SACRAMENTO ETC. DRAINAGE DISTRICT. Act 3035, § 4 the west line of section 22, township 17 north, range 1 east; thence north 5 miles to the quarter section corner on the west line of section 27, township 18 north, range 1 east; thence east 1 mile to the quarter section corner on the east line of said section 27; thence northeast in a direct line to the quarter section corner on the east line of section thirteen, township 18 north, range 1 east; thence north one mile to the quarter section corner on the east line of section 12, township 18 north, range 1 east; thence northeast in a direct line to the quarter section corner on the east line of section 32, township 19 north, range 2 east; thence east 5 miles; thence north % mile; thence east 1 mile; thence north 14 mile; thence east to the center of the Feather river; thence down the center of said Feather river, to the mouth of Honcut creek; thence up said Honcut creek to the mouth of South Honcut creek; thence up said South Honcut creek, to a point due north of the quarter section corner on the south line of section 30, township 17 north, range 4 east, which is the county line between the counties of Butte and Yuba. Thence south to a point one and one-half miles north of the south line of township 16 north, range 4 east; thence east to a point due north of the northwest corner of section 2, township 15 north, range 4 east; thence south to the northeast corner of section 22, township 15 north, range 4 east; thence southwest in a direct line, to the center of section 28, township 15 north, range 4 east; thence west V2 mile to the quarter section corner on the west line of said section 28; thence south eight and one-half miles to the southwest corner of section 4, township 13 north, range 4 east; thence east one mile to the southeast corner of said section 4; thence south one-quarter mile; thence east to an intersection with the west line of the Johnson rancho; then south 1/10 of a mile to the line running north 64 degrees east and south 64 degrees west through the center of the south half of section 43 of the said Johnson rancho; thence along the legal subdivision line of the Johnson rancho as follows: north 64 degrees east 108.25 chains; thence north 26 degrees west one-quarter mile to the center of sec- tion 2 of the said rancho; thence north 64 degrees east % mile; thence north 26 degrees west % mile; thence north 64 degrees east four and one-half miles; thence north 26 degrees west ^4 naile to the quarter section corner on the south line of section 22 of said rancho; thence north 64 degrees east Vi mile; thence north 26 degrees west ^ mile; thence north 64 degrees east % of a mile; thence north 26 degrees west % mile; thence north 64 degrees east V2 mile; thence north 26 degrees west 1/4 mile, to the northwest corner of section 29 of said rancho; thence north 64 degrees east one and one-half miles to the quarter section corner on the south line of section 31 of said rancho; thence north 26 degrees west % mile north 64 degrees east % mile; thence south 26 degrees east % of a mile to the quarter section corner on the east line of section 32 of said rancho; thence south 64 degrees west % mile; thence south 26 degrees east 14 mile; thence south 64 degrees west one and one-half miles; thence south 26 degrees east % mile; thence Act 3035, § 4 GENERAL LAWS. 1S76 south 64 degrees west 1/4 mile; t/hence south 26 degrees east % mile; thence south 64 degrees west ^4 mile; thence south 26 degrees east ^ mile; thence south 64 degrees west Vs mile; thence south 26 degrees east % mile; thence south 64 degrees west V2 mile; thence south 26 degrees east % mile; thence south 64 degrees west % mile; thence south 26 degrees east 14 mile; thence south 64 degrees west V4 mile; thence south 26 degrees east ^ mile; thence south 64 degrees west % mile; thence south 26 degrees east % of a mile to the quarter section corner on the west line of section 20 of said rancho; thence north 64 degrees east % mile; thence north 26 degrees west % mile; thence north 64 degrees east % of a mile; thence north 26 degrees west 1^ mile; thence north 64 degrees east ^4 mile; thence south 26 degrees east % mile; thence north 64 degrees east ^4 mile to the center of section twenty-five of said rancho; thence north 26 degrees west % mile; thence north 64 degrees east 1 mile; thence south 26 degrees east to an intersection with the east line of township 14 north, range 5 east; thence south along said township line to the center of Bear river on the line dividing the counties of Yuba and Placer. Thence down the center of said Bear river to its intersection with the section line running north and south through the center of town- ship 13 north, range 5 east, which is the section line between the counties of Placer and Sutter. Thence south along said line to the southeast corner of section 16, township 13 north, range 5 east; thence west two miles to the north- east corner of section 19, township 13 north, range 5 east; thence south ^2 mile to the quarter section corner on the east line of said section 19; thence west 41^ miles; thencp south 'j mile to the quarter section corner on the south line of section 21. township 13 north, range 4 east; thence west V2 mile to the southwest corner of said section 21; thence south 2 miles, to the northeast corner of section 5, township 12 north, range 4 east; thence west % of a mile; thence south 2^2 miles; thence east % of a mile to the quarter section corner on the west line of section 16, township 12 north, range 4 east; thence south 3 miles to the quarter section corner on the west line of section 33, township 12 north, range 4 east; thence east i_. mile; thence south VG mile to the quarter section corner on the north line of section four, township 11 north, range 4 east; thence east ij mile to the northeast corner of said section 4; thence south 1 mile to the southeast corner of said sec- tion 4; thence east V2 mile; thence south Jj mile; thence east 14 mile to the quarter section corner on the west line of section Jrl, township 11 north, range 4 east; thence south 3^^ miles to the southwest corner of section 26, township 11 north, range 4 east; thence east 1 mile to the southeast corner of said section 26; thence south 1 mile, to the southwest corner of section 36, township 11 north, range 4 east; thence east along the second standard jiarallel north, to the northeast corner section 1. township 10 north, range 4 east; thence south to the line dividing the counties of Sutter and Sacramento. 1877 SACRAMENTO ETC. DRAINAGE DISTRICT. Act 3035, § 4 Thence south to the southwest comer of section 18, township 10 north, range 5 east; thence east V2 mile; thence south 3 miles, to the quarter section corner on the south line of section 31, township 10 north, range 5 east; thence east 1 mile to the quarter section corner on the north line of section 5, township 9 north, range 5 east; thence south 2^4 miles; thence west V2 mile; thence south % of a mile, to the southeast corner of section 18, township 9 north, range 5 cast; thence east V> mile; thence south I'o mile; thence east ^ mile; thonee south 14 mile; thence east ^4: mile; thence south 14 mile, to the southeast corner of section 20, town- ship 9 north, range 5 east; thence west V^ mile; thence south 14 mile; thence east % of a mile; thence south Vt mile; thence east % of a mile; thence south 1 mile; thence east % of a mile; thence south 3^4 miles, to the southeast corner of section 15, township 8 north, range 5 east; thence west 3 miles to the southwest corner of section 17, township 8 north, range 5 east; thence south 1 mile to the southeast corner of sec- tion 19, towmship 8 north, range 5 east; thence west 1 mile to the south- west corner of said section 19; thence south 3% miles to the quarter section corner on the west line of section 7, township 7 north, range 5 east; thence east 1^/4 miles, thence south 1% miles; thence west V2 mile; thence south iy4 mile; thence west Vi mile; thence south % of a mile to the center of section 30; thence west 14 mile; thence south % mile, to the south line of section 30, township 7 north, range 5 east; thence east Vi mile to the quarter section corner on the south line of said section 3t3; thence south 6V2 miles to the center of section 31, town- ship 6 north, range 5 east; thence east % mile; thence south i/4 mile; thence east % of a mile; thence south ^ of a mile to the quarter section corner on the south line of section 32, township 6 north, range 5 east; thence east V2 mile to the northeast corner of section 5, township 5 north, range 5 east; thence south 2 miles, to the southwest corner of section 9, township 5 north, range 5 east; thence east V2 mile; thence south y2 mile to the center of section 16, tow'Dship 5 north, range 5 east; thence east 3^4 miles to the southeast corner of the southwest quarter of the northeast quarter of section 13, township 5 north, range 5 east; thence south 1 mile, thence west % mile to the center of section 24; thence south % mile; thence west % mile; thence south 1 mile; thence east 14 mile; thence south 1 mile; thence east % mile; thence south about 14 mile, to the center of Dry creek, which is the county line between the counties of Sacramento and San Joaquin. Thence continuing south to the south line of section 1, township 4 north, range 5 east; thence east 14 mile to the northeast corner of sec- tion 12; thence south 1 mile to the southeast corner of said section 12, township 4 north, range 5 east; thence west % mile, thence north % mile, thence west % mile; thence south 14 mile to the southwest corner of said section 12; thence west 1 mile, thence south ^,4 mile, thence west % mile; thence south i^ mile; thence west % mile; thence south 1 mile; thence east % mile to the quarter section corner on the north line of section 27, township 4 north, range 5 east; thence south 2I/3 miles to Act 3035, § 4 GENERAL LAWS. 1878 the center of section 3, township 3 north, range 5 east; thence east 1/4 mile; thence south % mile; thence east % mile; thence south Pij miles; thence east i/4 mile; thence south ^4 mile; thence east V^ mile; thence south VL* mile; thence east % mile; thence south % mile; thence east Yi. mile; thence south Y^ mile to the quarter section corner on the west line of section 25, township 3 north, range 5 east; thence east Yi mile; thence south Ya mile; thence east % mile; thence south 'A mile; thence east Y4 mile; thence south 'L- mile; thence east Y4 mile, to the northeast corner of section 1, township 2 north, range 5 east; thence south 1 mile; thence east Y2 mile; thence south Y2 mile; thence east Y2 mile; thence south ll'j miles to the northwest corner of section 20, township 2 north, range 6 east; thence east ^2 mile; thence south V'i; mile; thence east Yi mile; thence south Yi mile; thence east Yi mile; thence south 1% miles to the quarter section corner on the east line of section 32, township 2 north, range 6 east; thence east Y2 mile; thence south 1% miles; thence east Y2 mile; thence south lY* miles; to the quarter section corner on the east line of section 16, township 1 north, range 6 east; thence east Y2 mile; thence south '^ mile; thence east lA mile; thence south IY2 miles to the quarter section corner on the east line of section 27, township 1 north, range 6 east; thence west Y* mile; thence south Y2 mile; thence west % mile; thence south 3 miles to the quarter section corner on the north line of section 15, township 1 south, range 6 east; thence east % mile; thence south % mile; thence east ^4 mile; thence south 1% miles to the center of section 26 of said township ami range; thence west Yi mile; thence south Y2 mile; thence east '4 mile; thence south V4 mile; thence east V4 mile; thence south V4 mile; thence east Yi mile to the quarter section corner on the east line of section 35, township 1 south, range 6 east; thence south V4 mile; thence, west Y2 mile; thence south % mile to the center of section 2, township 2 south, range 6 east; thence east Y2 mile; thence south Y2 mile; thence east V« mile to the quarter section corner on the north line of section 12, township 2 south, range 6 east; thence south 2 miles to the quarter sec- tion corner on the north line of section 24 of said township and range; thence east Y2 mile to the northeast corner of said section 24; thence south 2 miles; thence east 1 mile to the northwest corner of section 32, township 2 south, range 7 east; thence southeast to the southeast corner of section 4, township 3 south, range 7 east, and the Stanislaus river, which is the line between San Joaquin and Stanislaus counties. Thence south 1 mile; thence west 'i; mile; thence south 1 'A miles to the center of section 21, township 3 south, range 7 east; thence east Y2 mile; thence south 1 mile to the quarter section corner on the east line of section 2S, thence southeast to the quarter section corner on the west line of section 1, township 4 south, range 7 east, and the Tuolumne river; thence following up the Tuolumne river to its intersection with the quarter section line running north and south through section 20, township 4 south, range 8 east; thence south to the center of section 20, thence southeast to the northwest corner of section 2, township 5 south. 1879 SACRAMENTO ETC. DRAINAGE DISTRICT. Act 3035, § 4: range 8 east; thence southeast to the southeast corner of section 12, township 5 south, range 8 east; thence south to the quarter section corner on the west line of section 18, township 5 south, range 9 east; thence cast ^/2 mile; thence south i/^ mile; thence east % mile, to the south- east corner of said section 18, thence south % mile; thence east V> mile; thence south 1 mile; thence east V> mile; thence south i/^ mile to the southeast corner of section 29, township 5 south, range 9 east; thence east Vi! mile; thence south % mile; thence east ^j mile; thence south \<2 luile; to the northwest corner of section 3, township 6 south, range 9 east; thence east Vj mile; thence south IV2 miles to the center of sec- tion 10; thence east V2 mile; thence south % mile to the county line dividing the counties of Stanislaus and Merced. Thence continuing south ^4 mile; thence east V2 mile; thence south y2 mile; thence east % mile to the southeast corner of section 14, thence south 1 mile; thence east 1 mile; thence south 2 miles to the southeast corner of section 36, township 6 south, range 9 east; thence east V^ mile; thence south I/2 mile; thence east 1 mile; thence south Vi mile; thence east \^2 mile to the southeast corner of section 5, township 7 south, range 10 east; thence south % mile; thence east V2 mile; thence south 1/2 mile; thence east ^A mile to the southeast corner of section 9, thence Bouth i/i mile; thence east 1 mile; thence south % mile; thence east 1 mile to the southeast corner of section 14; thence south y^ mile; thence east V2 mile; thence south % mile; thence east Vj mile to the southeast corner of section 24, township 7 south, range 10 east; thence south Yo mile; thence east 1 mile; thence south 14 mile to the southeast corner of section 30, township 7 south, range 11 east; thence southeast to the southeast corner of section 32, township 7 south, range 11 east; thence east 1 mile; thence south 1 mile; thence east 1 mile to the southeast corner of section 3, township 8 south, range 11 east; thence south V2 mile; thence east 1 mile; thence south Vo mile; thence east 1 mile to the south- east corner of section 12, township 8 south, range 11 east; thence south % mile; thence east 1 mile; thence south ^2 mile to the southeast corner of section 18^ township 8 south, range 12 east; thence east 1 mile; thence south 1 mile; thence east 2 miles; thence south 1 mile; thence east 2 miles; thence south 1 mile to the southeast corner of section 36, township 8 south, range 12 east; thence southeast to the southeast corner of section 8, township 9 south, range 13 east; thence south 1 mile; thence southeast to the county line dividing the counties of Merced and Madera. Thence continuing southeast to the southeast corner of section 1, township 10 south, range 13 east; thence south 2 miles to the southeast corner of section 13, in said township and range; thence southeasterly to the southeast corner of section 13, township 12 south, range 14 east; thence east 1 mile; thence south 1 mile to the southeast corner of sec- tion 19, township 12 south, range 15 east; thence east 2 miles; thence south 1 mile; thence east 2 miles; thence south 1 mile; thence east 1 mile to the southeast corner of section 36, of said township 12 south, range 15 east; thence south 1 mile; thence east 1 mile; thence south 1 mile, Act 3035, § 4 GENERAL LAWS. 1880 to the southeast corner of section 7, township 13 south, range 16 east; thence east 2 miles; thence south ly^ miles more or less, to the county line dividing the counties of Madera and Fresno. Thence continuing south 3 miles, more or less, to the quarter section corner on the east line of section 4, township 14 south, range 16 east; thence west 1 mile; thence south i-^ mile, to the southeast corner of section o, of said township and range; thence west 6 miles to the south- west cnrner of section 4, township 14 south, range 15 east; thence north 1 mile to the southeast corner of section 32, township 13 south, range 15 east; thence northwest to the southeast corner of section 24, townshij) 12 south, range 13 east; thenc^ west VL' mile; thence north 'a mile; thence west I'j mile; thence north ^4 mile; thence west Vz mile; thence north V2 mile; thence west 1 mile to the center of section 15, township 12 south, range 13 east; thence north ',j mile; thence west 1 mile; thence north % mile; thence west Vj mile; thence north Vj mile to the northeast corner of section 8, township 12 south, range 13 east; thence west 1 mile; thence north Vj mile; thence west 1 mile; thence north ^o mile to the southeast corner of township 11 south, range 12 east; thence northwest to the center of said township and range, which is the county line divid- ing the counties of Fresno and Merced. Thence continuing northwest to the southeast corner of township 9 south, range 10 east; thence north 2 miles to the southeast corner of section 24 of said township 9 south, range 10 east; thence northwest to the southeast corner of section 4, township 8 south, range 9 east; thence north 1 mile to the south boundary line of the Orestimba rancho; thence west to the southwest corner of the said rancho; thence in a northerly and westerly direction following the south and west boundary lines of said rancho to a point % mile, more or less, north of the quarter section corner on the east line of section 19, township 7 south, range 9 cast, which point is the intersection of the county line dividing the coun tics of Merced and Stanislaus. Thence continuing in a northerly and westerly direction following the south and west boundary lines of said rancho to the northwest corner thereof, at the center of section 14,1 township 6 south, range 8 east; thence northeasterly following the northwest boundary of said rancho to the left bank of the San Joaquin river; thence following down the left bank of said river to the count}' line dividing the counties of Stanislaus and San Joaquin. Thence following down the left bank of the San Joaquin river to the quarter section line running east and west through section 13. township 3 south, range 6 east; thence west to the quarter section corner on the east line of section 14, of said township and range; thence north- west to the northeast corner of section 4, of said township and range; thence northwest to the quarter section corner on the north line of sec- tion 19, township 2 south, range 6 east; thence west 3'^ miles to the southeast corner of section 16. township 2 south, range 5 east; thence north lo mile; thence west 3 miles to the east line of section 13, township 1881 SACRAMENTO ETC. DRAINAGE DISTRICT. Act 3035, § 4 2 south, range 4 east; thence north ^2 mile to the northeast corner of said section 13, townshjp 2 south, range 4 east; thence northwesterly to the northeast corner of section 10; thence northwesterly to the quarter section corner on the north line of section 4 of said township 2 south, range 4 east; thence northwesterly to the county line between Alameda nnd San Joaciuin, at a point V2 mile north of the south line of section 32, township 1 south, range 4 east; thence north on said county line to the bank of Old river and the northeast angle of Alameda county. Thence west to the southeast corner of the southwest quarter of the northwest quarter of section 30, township 1 south, range 4 east; thence north % mile; thence west % mile; thence north 14 mile to the north- east corner of section 25, township 1 south, range 3 east; thence west ^2 mile; thence north VL mile; thence west % mile; thence north V_. mile; thence west V^ mile; thence north % mile; thence west % mile; thence north 2^2 miles; thence east % mile; thence north Y2 mile; thence west % mile; thence north 14 mile, to the center of section 35, township 1 north, range 3 east; thence west 14 mile; thence north 1 mile; thence east 14 mile, to the center of section 26, township 1 north, range 3 east; thence north i/i mile; thence east % mile; thence north i/^ mile; thence west i/i mile; thence north % mile to the quarter section corner on the south line of section 14, township 1 north, range 3 east; thence west i/4 mile, thence north % mile; thence east Vi mile, thence north ^4 mile; thence west % mile; thence north % mile, to the south line of section 2, township 1 north, range 3 east; thence west V2 mile; thence north Vt mile; thence west ^ mile; thence north 14 mile to the center of section 3, township 1 north, range 3 east; thence west Vi mile; thence north i{> mile; thence west % mile, to the southeast corner of section 33, township 2 north, range 3 east; thence north 1,4 mile; thence west % mile; thence north 14 mile; thence west Vi mile; thence north %, mile to the quarter section corner on the north line of said section 33; thence west ^4 mile; thence north % mile; thence west % mile; thence north Yi mile, to the center of section 29, township 2 north, range 3 east; thence west 14 mile; thence north 14 mile; thence west V4 mile, to the southeast corner of sec- tion 19, township 2 north, range 3 east; thence north 14. mile; thence west Vi mile; thence north l^ mile; thence west 14 mile; thence north Yi mile; thence west ^4 mile; thence south 14 mile, to the quarter sec- tion corner on the east line of section 24, township 2 north, range 2 east; thence west IV2 miles to the center of section 23, thence north % mile; thence west l^ mile; thence north 14 mile; thence west % mile; thence north ^4 mile; thence west % miles; thence north to the San Joaquin river; thence down the San Joaquin river to a point due south from the point of beginning, thence north to the point of beginning. Powers of district. Said drainage district is hereby declared to be a body corporate and politic and shall have power to sue and to be sued; to acquire, own, hold, use and enjoy for the purposes mentioned in this act, any and all prop- Act 3035, §§ 5-7 general laws. 1882 erties herein mentioned, or necessary for the purposes of said district. [Amendment approved May 26, 1913; Stats. 1913, p. 253.] Reclamation board to control. § 5. The management and control of said drainage district shall be vested in the reclamation board which shall hereafter consist of seven members, at least three of whom shall be residents or land owners of that portion of the San Joaquin valley included within said district. The members of the present reclamation board shall be members of the board as hereby enlarged. The remaining members shall be appointed bv the governor of the state within thirty days after this act shall take effect. All the members, whether herein named or appointed by the governor, shall hold office at the pleasure of the governor. In case of a vacancy, the same shall be filled bv the governor of the state. [New section ap- proved May 26, 1913; Sta'ts. 1913, p. 266.] Secretary. § 6. The reclamation board may employ a secretary, who may be a member of said board, and such other assistants, employees and ad- visers as may appear necessary and shall fix their compensation. [New section approved May 26, 1913; Stats. 191.'{, p. 266.] Maintenance of levees. Purpose of act. Liberal construction. § 7. The state of California and the ;>eople thereof are hereby de- clared to have a primary and supreme interest in having erected, main- tained and protected on the banks of the Sacramento and San Joaquin rivers and their tributaries and the by-passes and overflow channels men- tioned herein, good and sufficient levees and embankments or other works of reclamation, adequately protecting the lands overflowed by said streams, and confining the waters of said rivers, tributaries, by-passes and overflow channels within their respective channels, and it shall be the duty of the reclamation board at all times to enforce on behalf of the state of California and the people thereof the erection, maintenance and protection of such levees, embankments and channel rectification as will, in their .judgment, best serve the interests of the state of California. The purposes and objects of this act are to carry into effect the plans of the California debris commission for the control of the flood waters of the Sacramento and San Joaquin rivers and their tributaries, and to vest in said reclamation board control and jurisdiction over said plans and such other plans as may be adopted by said board, excepting such portions of said plans as relate to channel excavation, enlargement, recti- fication and control in the Sacramento river and the construction of weirs; it being the intent of this act that all work and control in the said stream and the construction of weirs shall remain with the United States and the state of California, concurrently, but this exception does not apply to the San Joaquin river and its tributaries. This act and every part thereof shall be liberally construed to promote its objects and to carrv out its intents and purposes. [New section ap- proved May 26, 1913; Stats. 1913, p. 266.] 1883 SACRAMENTO ETC. DRAINAGE DISTRICT. Act 3035, §§ 8-11 Members not to be interested in contract. § 8. It shall be unlawful for a member of the board to vote upon any contract or other matter in which he may have an interest or share, or for any employee of said board to receive directly or indirectly for his own use or benefit any portion or share of the money or other thing jjaid under any contract; but having au interest in lands within said drainage district shall not disqualify a member for voting to execute any part of said plans of flood control, or carrying out the objects of this act. [New section approved May 26, 1913; Stats. 1913, p. 267.] Office, meetings, etc. Compensation. § 9. The reclamation board shall have its office at the city of Sac- ramento, and shall elect one of its number as president. The regular meetings of said board shall be held on such dates as shall be fixed by the board, and a majority of the board shall constitute a quorum, but no action of said board shall be effective unless the same shall be con- curred in by a majority of the members thereof. Special meetings may be called at any time by the president or by a majority of the members after twelve hours' notice by mail to the members. It shall be the duty o'f the reclamation board to keep full and correct minutes of all pro- ceedings and transactions of all meetings of the board, which minutes shall be open for public inspection during office hours. Anj^ other meeting of the board, at its office, when all of the members are present, shall be considered a legal meeting at which any business may be transacted. Each member of the board shall receive the necessary ex- penses incurred by him in the performance of his duties, and twenty dollars for each day attending the meetings of the board, but such per diem shall not exceed one thousand dollars in any one year. [New sec- tion approved May 26, 1913; Stats. 1913, p. 267.] Drawbridges over by-passes. § 10. The reclamation board shall require the owners of any rail- road, electric railroad, wire line, wagon road or other structure crossing any of the by-passes or overflow channels herein provided for, to pro- vide and maintain one or more suitable draws or other appliances within any such by-passes or overflow channels to permit the passage of water craft, dredgers or other machines used in the construction of reclamation works and to open said draws or appliances upon reasonable notice given by any person desiring to pass the same. Said draws or appliances shall be located at such points as shall be designated by said board. A failure of the owner of any of said structures to comply with this sec- tion shall render such owner liable to any person for the damages caused to such person by such failure. [New section approved May 26, 1913; Stats. 1913, p. 267.] Plans to be submitted to board. § 11. Any plan of reclamation, drainage or other improvement that includes or contemplates the construction of any new levee, embankment. Act 3035, § 12 GENERAL LAWS. 1884 canal or other excavation along or near the banks of the said rivers or their tributaries or connected therewith, or upon any lands adjacent thereto or within any of the overflow basins thereof, or upon lands sub- ject to overflow therefrom, must, unless approved by said board prior to the taking effect of this act, be approved by the reclamation board before such plan shall have been adopted by the trustees of any recla- mation, levee, protection or drainage district or by any person, corjwra- tion or association. Any such plan shall be void unless first approved by said board, and the construction of any levee, embankment, canal or other works of reclamation at any of the places hereinbefore men- tioned, without such approval, is hereby declared to be a public nuisance, and the reclamation board is hereby empowered to prosecute any suit or suits in the name of the people of the state of California for the prevention or abatement of such nuisance. This provision shall not apply to the enlargement of existing levees. No levee, embankment or other structure within any bypass or overflow channel adopted by said board shall be raised or altered without the permission of the recla- mation board, and any person who shall raise or alter any such levee, embankment or other structure without such permission, shall be guilty of a misdemeanor. [New section approved May 26, 1913; Stats. 1913, p. 268.] Powers of board. Security for bonds. § 12. The reclamation boanl shall have power to acquire either within or without the boundaries of the district by purchase, condemnation or by other lawful means in the name of the district, from private persons, corporations, reclamation, swamp land, levee, protection or drainage dis- tricts, or other organizations or associations, all lands, rights of way, easements, property or material necessary or requisite for the purpose of by-passes, weirs, cuts, canals, levees, overflow channels and other necessary purposes; to construct, clear and maintain by-passes, levees, canals and overflow channels; to make contracts to indemnify or com- pensate any owner of land or other property for any injury or damage necessarily caused by the exercise of the powers by this act conferred, or arising out of the use, taking or damage of any property for any of such purposes; to maintain actions to restrain the doing of any act or thing that may be injurious to any of the works necessary to said plan of flood control or that may interfere with the successful execution •of said plan or for damages for injury thereto; to establish a standard of levee construction; to do any and all things necessary or incident to the powers hereby granted or to carry out the objects specified herein; to conijiel by injunction, the owner or owners of any bridge, trestle, wire line, viaduct, or embankment or other structure which shall be inter- sected, traversed or crossed by any hy-pass, drainage canal, or overflow channel, so to construct or alter the same as to off"er a minimum of ob- struction to the free flow of water tlnough any such by-pass, drainage canal, or overflow channel, and wherever necessary in the case of ex- 1885 SACRAMENTO ETC. DRAINAGE DISTRICT. Act 3035, § 13 isting works, to compel the removal or alteration of any such embank- ment or other structurej to maintain actions to restrain the diversion of the waters of any stream that will increase the flow of water in said Sacramento or San Joaquin rivers or their tributaries, and such diversion of the waters of any stream into said rivers or any of their tributaries is hereby declared to be a public nuisance which may be prevented or abated by the reclamation board. Upon application by any reclamation or drainage district or any owner of swamp land that has issued or that proposes to issue bonds of such district or upon such lands, the reclamation board shall examine said district or such lands and shall certify the facts relative to the value of such lands and the sufficiency of the security afforded for such bonds. No liability shall attach to the state of California bv reason of such certificate. [New section approved May 26, 1913; Stats. 1913, p. 268.] Assessments. Separate projects. Assessors. Report. Hearing. Lists. Compensation. Objections. Reapportionment. Appeal to court. § 13. Whenever, in the opinion of said board it shall be necessary to levy an assessment upon any lands within said drainage district for any of the purposes herein specified, said board shall cause an assessment to be levied upon the lands within said drainage district for such pur- poses. The plans to be carried out shall be divided by said board into separate portions or projects in such manner as will in its judgment best facilitate the levying of assessments for each particular portion or project in a just and equitable manner according to benefits upon the lands in said district. Said board shall enter in the minutes of the board, a resolution to the effect that the execution of each such separate portion or project which they may determine upon is a public neces- sity. Each such particular portion or project shall be designated by the board in such resolution by name and number. All assessments, plans and funds intended for or connected with the execution of each particular portion or project shall be designated by such name and num- ber and shall be kept separate and shall be used only for the purpose of carrying out such particular portion or project. For the purpose of making any such assessment the board shall appoint three assessors who shall be disinterested persons, and shall have no interest in any real estate within said drainage district, and each of whom, before en- tering upon his duties, shall make and subscribe an oath that he is not in any manner interested in any real estate within said district, directly or indirectly, and that he will perform the duties of an assessor to the best of his ability. Said assessors must assess upon the lands within said drainage district the said sums so estimated by the board, and shall apportion the same according to the benefits that will accrue to each tract of land in said district, respectively, by reason of the ex- penditure of said sums of money. After said assessors have examined the plan or plans of the works contemplated and the said estimates of the cost, they shall make a preliminary report to the reclamation board Act 3035, § 13 GENERAL LAWS. 1886 indicating the exterior boundaries of the lands that in their opinion will be benefited by the expenditures. The assessors shall then appoint a time and place in each county in which any of said lands are situated, when and where they will hear objections to the said report and also evidence concerning the manner in which said assessment should be apportioned. They shall give twenty days' notice of said hearings by publication in a newspaper published in each county. They shall ex- clude any land that will not be benefited by the expenditure of said sums and shall assess all lands that will be benefited thereby. Said assessors shall make a separate list of the lands so assessed in each county, which list shall contain a description of the tracts of land assessed, by swamp land surveys, legal subdivisions, or other boundaries or references sufficient to identify the same; the name of the owner, if known, or if unknown, that fact, and the amount of the charge assessed against each tract. No mistake in the name of the owner, or supposed owner, of any real estate shall invalidate the assessment. Said lists when completed shall be filed with the secretary of the board and said secretary shall forward to the county treasurer of each county in which any lands in said district are situated, the assessment list for such county, and the same shall be open for inspection by the public for at least thirty days. The compensation of said assessors shall be fixed and allowed by the board. The reclamation board shall appoint a time and place not less than thirty days after said list has been filed with the said treasurer when and where it will meet in each county for the purpose of hearing objections to said assessments, and notice of such hearing shall be filed with the county treasurer and published for two weeks in some newspaper published in each of said counties. At any time before the date of such hearing any person interested in any real estate upon which any charge has been assessed, may file in the office of the secretary of the board written objections to such assess- ment, stating the grounds of such objections, which said statement shall bo verified by the affidavit of such person or some other person who is familiar with the facts. At such hearing the board shall hear such evidence as may be offered touching the correctness of such assessment or the manner of its apportionment, and may modify or amend the same, and may reapportion all or any part of the entire assessment. If said assessment shall be reapportioned, the board shall give two weeks' notice as before and proceed to hear objections in each county affected, as before, and shall then reconsider said assessment and make an order apiiroviiig said assessment as finally fixed; and the decision of said board shall be final, and thereafter said assessment list shall be con- clusive evidence, except in the suit hereinafter provided, that the said assessment has been levied and apportioned according to law. Any person aggrieved by the decision of the board apjiroving said assess- ment may commence an action against the district in the superior court of the county in which said land or the greater part thereof is situated, to have said assessment modified or annulled. Such action must be 1887 SACRAMENTO ETC. DRAINAGE DISTRICT. Act 3035, § 14 lommenced within thirty days after the reclamation board has approved such assessment and shall have preference over all civil actions in fixing the time of trial. No objection to said assessment shall be considered by the court unless such objection shall have been made in writing to the reclamation board as hereinbefore prescribed, and, excepting in the action above mentioned, no action or defense shall ever be main- tained attacking the said assessment in any respect. [New section ap- proved May 26, 1913; Stats. 1913, p. 269.] Assessment lien on lands. Delinquent installment. Sale of property. Ihstrict may purchase. Certificate of sale. Redemption. Effect of deed. § 14. After such hearing has been had by the board in any county, said assessment list shall be certified by the secretary of the board to be correct, and said list shall be deposited in the office of the county treasurer of said county, and such assessment shall thereafter constitute a lien upon the lands so assessed and shall impart notice to all subsequent purchasers or encumbrancers or other person acquiring any interest in or lien upon said land, and all unpaid assessments shall bear interest at the rate of seven per cent per annum, and shall be paid to the county treasurer in separate installments of such amounts, and at such times, respectively, as the board, from time to time, in its discretion, may, by order entered in its minutes, direct; if any such installment shall remain unpaid at the expiration of thirty days from the date of the order, then said installment shall become delinquent, together with the accrued interest thereon, and ten per cent of the amount of said installment and interest shall be added thereto, and collected for the use of the district; provided, that if an action is pending in any court to have the assessment on any tract of land reviewed, modified or annulled, as provided herein, such assessment, if not annulled in said action, shall become delinquent thirty days after any judgment rendered therein shall become final. Immediately after the said installment has become delinquent, the board must publish a notice at least once a week for three weeks in some newspaper of general circulation published in the county where the land is situated, which notice shall contain a description of the property assessed, the name of the person to whom it is assessed or a statement that it is assessed to unknown owners, if such is the fact, the amount of the delinquent installment, the amount of the interest at the date of delinquency, the amount of the penalty that has been added as above provided, and notice that the property assessed will be sold on a date therein stated, in front of the courthouse of said county, to pay said installment with accrued interest and the penalty hereinbefore specified. At the time stated in said notice or such other time to which said sale may have been postponed, the board must cause said property to be sold to the highest bidder for gold coin of the United States. Out of the proceeds of said sale the board must pay the amount of said installment with accrued interest thereon and Act 3035, § 15 GENERAL LAWS. 18S8 the penalty herein provided for to the county treasurer of such county, and the board must pay to the owner of said property any surplus re- maining after such payment to the county treasurer. The board may postpone said sale from time to time by a written notice posted at the place of sale. If no bid is made for said property equal to the amount of said installment, accrued interest and penalty, the district shall be- come the purchaser, and the said property must be struck off to the district for the amount of said installment-, accrued interest and penalty. A certificate of such sale shall be executed by the president of the board to the purchaser, or to the district, if the property shall have been struck off to the district, and said certificate of sale shall be recorded iu the office of the county recorder of the county in which the land is situated. Any person interested in said property may redeem the same at any time within one year after the date of said sale, by paying to the county treasurer the amount for which said property was sold, and interest on the said sum at the rate of ten per cent per annum from the date of said sale. If no redemption shall be made within said one year, the purchaser, or the district, if said property shall have been sold to the district, shall be entitled to a deed executed by the president of said board, after notice to any encumbrancer of said land whose en- cumbrance is of record, and the right of such encumbrancer to redeem .said land shall continue for a period of thirty days after such notice. The effect of such deed shall be to convey said property free of all liens and encumbrances, excepting state, county and municipal taxes, assessments levied or assessed by statutory authority and the unpaid balance of assessments made by said drainage district, which said balance must be called in and collected in the same manner as other asse.'isments; provided, that where property shall have been deeded to the district and shall not have been sold, the same shall not be offered for sale for subsequent installments of assessments so long as the dis- trict shall remain the owner of said property, but the board may sell said property at any time at public auction after notice given for the same period and in the same manner as herein provided for sale for delinquent installments, but not for a sum less than all delinquent un- paid installments with accrued interest and penalties, and the deed executed in pursuance of such sale shall convey said property free of all encumbrances, except state, county and other municipal taxes, assess- ments levied or assessed by statutory authority and the unpaid balance of said assessments of said drainage district, which balance must be called in and collected in the same manner as other assessments. [New section approved May 26, 1913; Stats. 1913, p. 271.] Deposit of money. How paid out. Warrants not paid. Official paper. § 15. All money collected upon sales or otherwise shall be paid to the county treasurer of the county in which the laud is situated, and said money, together with all other money collected by the treasurer shall be deposited in the state treasury to the credit of said drainage 1889 SACRAMENTO ETC. DRAINAGE DISTRICT. Act 3035, § 16 district in a fund wiiich is hereby created and known as the Sacramento and San Joaquin drainage district fund specifying the number of the assessment from wiiich such money was derived, and shall be paid out upon warrants of the state controller, and the controller is hereby directed to issue warrants upon said funds whenever drafts of the recla- mation board shall he presented to him, and the state treasurer is hereby directed to pay such controller's warrants when there is sufficient money in the funds of said drainage district; provided, that all moneys col- lected from assessments, shall be paid out only on warrants issued for works or other expenses covered by the assessment from which such money was derived, which assessment must be numbered con- secutively, to the end that all moneys raised by assessment upon any of the lands embraced in said drainage district, shall be expended only for works of reclamation or other expenses beneficial to the lands so assessed, and for the payment of warrants issued for the construction of the works and other expenses for which such assessment was levied and each warrant must designate the number of the assessment froift which it is to be paid. In case there are not sufficient funds for such purpose, the state treasurer shall indorse on such warrants the date of presentation and register the same, and thereafter such warrants shall bear interest at the rate of seven per cent per annum, and must be paid in the order of their registration. Such warrants shall be considered as contracts in writing for the payment of money by said- district, and the period prescribed for the commencement of an action upon said warrants is four years from the date thereof. Said warrants shall be received in payment of any assessment for work or expenses for which such warrants were issued. The reclamation board may extend the period for payment of any warrant for an additional period of four years upon application of the owner of such warrant. Whenever there is sufficient money in the treasury applicable to the payment of any outstanding warrants of the district, the state treasurer shall give notice that there is money in the treasury to pay certain warrants, giving their numbers in the order of their registration; said notice shall be published for ten days in one newspajier published in the city of Stockton and one published in the city of Sacramento. After the last publication of said notice the warrants therein mentioned shall cease to bear interest. The board shall designate a paper in each of said cities which shall be the official papers of said district for the purpose of such publication. [New section approved May 26, 1913; Stats. 1913, p. 272.] Lands may be charged in subsequent assessment. § 16. In all cases in which an assessment shall be levied upon the lands embraced within said district, and if the assessment upon any tract or tracts of land shall have thereafter been adjudged invalid by any court of competent jurisdiction, or, if for any reason, such tract or tracts of land shall not have been legally charged with said assess- ment, then such tract or tracts of land shall be charged in., any subse- 119 Act 3035, §§ I6I/2, 17 GENERAL LAWS. 1890 quent assessment with such proportion of the former assessment as the benefits derived by said land from the purposes for which said former assessment was levied bears to the whole amount of said former assess- ment; or a subsequent reassessment of such tract or tracts of land may be made separately for the purpose of charging said land with its proper I)roportion of the said assessment. [New section approved May 26, 1913; Stats. 1913, p. 273.] First projects. Estimate of costs. § 16V2« One of the first iiroiects to be considered by said board shall be that portion of the plans of the r'alifornia debris commission relating to the Sacramento river and Cache slough below the .iunction of Yolo basin by-pass and Cache slough known as the project to enlarge the outlet of the Sacramento river. In the estimate of the sum necessary for the project last named, the board shall also ascertain the amount of any expenditures that have heretofore been made by the state of Cali- fornia, any municipal corporation, reclamation district, and by any owner of lands within said drainage district, or by any of them, for the purpose of purchasing rights of way for the enlargement of the outlet of the Sacramento river and actually a|^)lied to said purposes, which said sums so expended shall be legal claims against said district upon execution by the claimant of a quitclaim deed of rights of way to the district, and shall be paid from the moneys arising from the assess- ment for the project in this section first above mentioned. The gov- ernor is hereby authorized to execute such quitclaim deed on behalf of the state of California. [New section approved May 26, 1913; Stats. 1913, p. 274.] Maintenance of levees. Costs. Board may let contract. Emergency. § 17. It shall be the duty of the reclamation board to promote the construction, completion, maintenance and repair of levees along all streams and by-passes where, in the opinion of the board, such levees are insufficient or necessary. If the owner or owners of land adjoining any stream or the outer margin of any by-pass, shall fail to construct, repair Or maintain suitable levees along such stream or by-pass where such levee is in the opinion of said board necessary, the reclamation board iRliall notify such owner or owners that such levee is insufficient or necessary, and that unless the construction, repair or completion of such levee shall be commenced within three months and thereafter constructed, repaired or completed with reasonable diligence, the reclamation board will construct, repair or complete such levee, and will cause an assess- ment to be levied to pay the cost thereof to be assessed upon the lands within said drainage district directly or indirectly benefited by such levee. In said notice the board shall specify the dimensions and method of construction required for such levee. In case the construction, repair or completion of such levee shall not be commenced within three months and thereafter completed with reasonable diligence, the reclama- 1891 SACRAMENTO ETC. DRAINAGE DISTRICT, Act 3035, § 18 tion board is hereby empowered to let a contract or contracts for the construction or repair of said levee or the completion thereof, if con- struction has been previously commenced and the board shall cause an assessment to be levied to pay the cost of such levee, to be assessed upon the lands within said drainage district, and apportioned upon the lands directly and indirectly benefited by such levee according to such benefits; said assessment shall be levied, equalized and collected in the same manner as other assessments are levied, equalized and collected pur- suant to the provisions of this act. If in the opinion of the board a case of emergency exists, requiring immediate action to preserve life or property, the board may cause necessary work to be done immediately without giving the notice herein mentioned, and may cause an assess- ment to be levied as above prescribed to pay the cost thereof, and to pay for any damage that may have been done by the performance of such work. [New section approved May 26, 1913; Stats. 1913, p. 274.] Rights of existing districts, cities, etc. Claim against districts for cost of right of way, etc. § 18. Notwithstanding any provision in this act, ally reclamation dis- trict, levee district, drainage district or municipal corporation within the said drainage district, now or hereafter existing shall have the right with the permission of the reclamation board to acquire by grant or eminent domain or otherwise, any right of way or other easement included in the plans of the California debris commission, hereinbefore referred to or any amendment thereto or any modification thereof for controlling the floods of the Sacramento river or its tributaries or in- cluded in any plan for the flood water of said river adopted by the board, and required by the plans of any such reclamation, levee or drainage district or municipal corporation for the consummation of its purpose as authorized by law, together with the right to construct such levees, cuts, canals or gates as may be required to complete any by-pass, and the title to any such right of way or other easement or levees, cuts, canals or gates shall be conveyed to the said drainage district upon compensation being made at the actual reasonable cost thereof. If any reclamation district, levee district, drainage district, municipal cor- poration, private corporation, association, or person within said drainage district, with the consent of the reclamation board, has provided or left, or shall hereafter provide or leave, any land for a by-pass or waterway for the purpose of complying with the plans, as set out in the report of the California debris commission, referred to in section 1 of this act, any amendment thereto, or any modification thereof, or shall hereafter erect any levee or levees along said by-pass or waterway, the said by- pass and levees shall be considered as a part of the work to be done pursuant to the provisions of this act and proper compensation shall be made for the right of way or easement through such by-pass and for the actual reasonable cost of construction of said levees, cuts, canals or gates. When such compensation shall have been made, such reelama- Act 3039 GENERAL LAWS. 1892 tion district, levee district, drainage district, municipal corporation, association, private corporation or person shall convey to the said drain- age district a perpetual easement in said by-pass and levees for all purposes necessary to accomplish the objects of said report of Califor- nia debris commission. In the event that any such reclamation district, levee district, drainage district, municipal corporation, private corpora tion, association, or person, shall with the consent of the reclamation board expend any sum of money in the acquisition of such right of way or other easement, or in the construction of such levees, cuts, canals or gates and shall convey the same to the district, or in the event that it. he or they has or have allowed, or shall allow, any laud to be used for the purpose of a by-pass or waterway to comply with the plans of said California debris commission herein referred to, or shall construct levees along any line of any such by-pass, and shall convey a perpetual ease- ment therein to said drainage district, it, he or they shall have a claim against the said drainage district for the reasonable cost of such right of wa\' or other easement or of such levees, cuts, canals or gates and an assossnicnt shall be levied upon the lands in said drainage district bene- fited thereby so thitt the same may be i>aid. or such cost may be included as one of the items in any assessment that may be levied in the said drainage district. [New section approved May 26, 1913. Stats. 1913, p. 275.] Appropriation. Liability of state. § 19. The sum of one hundred thousand dollars, in addition to the sums heretofore approjjriated, is hereby appropriate r shall be conclusive evidence of the validity of all prior proceedinji^ leading to such annexation and recited in said order, and from and aft< : the same such territory shall become and be a part of such sanitary district. The property within such territory so annexed shall be taxoi. together with the remainder of said district, to pay its proportion of the 1911 SANITARY DISTRICTS. Act 3349, § 221/2 unpaid bonded or other indebtedness of such sanitary district existing at the time of such annexation incurred for the cost of construction, estimated as hereafter provided, of main sewers already constructed in said district, and also to pay the running expenses of said district. The engineer of such district shall, when required by the sanitary board thereof, estimate the unpaid cost of construction of all main sewers, already constructed in said district at the time of such annexation, and such estimate when approved by the sanitary board shall be final and conclusive and shall be the basis upon which said sanitary baard shall tax said annexed territory. At any time after the annexation of such contiguous territory the sanitary'board may, by an order entered in the minutes, call an election within "such annexed territory for the purpose of determining whether bonds shall be issued for the construction of sewers therein. Such order shall fix the day of the election and shall specify the amount of money to be raised, and shall state in general terms the purposes for which it is to be raised. A copy of such order shall be posted for four successive weeks prior to the election in at least three public places within such annexed territory in said district, and shall be published for four suc- cessive weeks prior to the election in some newspaper published within the district, if there be one, and if not, in some newspaper published in the county. It shall be sufficient if the order be published once a week. At any time prior to the day fixed for the election the board shall select one polling place within' said annexed territory, appoint officers of election therein, and make all necessary and proper arrangements for holding the election. The tickets shall contain the words, "For the issu- ance of bonds as proposed by the sanitary board," or "Against the issu- ance of bonds as proposed by the sanitary board." The election shall be conducted in accordance with the general election laws of the state so far as the same shall be practicable, except as herein otherwise provided. Every qualified elector, resident within such annexed territory for the length of time necessary to enable him to vote at a general election, shall be entitled to vote at the election above provided for. After the votes shall have been announced the ballots shall be sealed up and delivered to the secretary or president of the sanitary board, which shall, as soon as practicable, proceed to canvass the same, and shall enter the result on its minutes. Such entry shall be conclusive evi- dence of the fact and regularity of all the prior proceedings of every kind and nature provided by this act or by law, and of the facts stated in such entry, and if at such election two-thirds of the votes cast be in favor of the issuance of bonds as proposed by the sanitary board, the said board shall thenceforth have full power and authority to issue and dispose "of bonds as proposed in the order calling the election. All bonds so issued shall be of such denomination as the sanitary board may determine, except that no bonds shall be of a less denomina- tion than one hundred dollars, nor of a greater denomination than one Act 3349, § 221/2 GENERAL LAWS. 1912 thousand dollars. Such bonds shall be payable in gold coin of the Fnited States at the office of the county treasurer of the county wherein said district is situated and shall bear interest at a rate not exceeding five per centum per annum, which interest shall be payable semi-annually in like gold coin. Not less than one-twentieth part of the total issue of bonds shall Ue payable each year on a day to be specified by the sanitary board, but no bond shall be payal)le in installiiicutji, but each bond issued hereunder shall be payable in full on the date specified therefor by said board. Each bond shall be signed bj" the president and countersigned by the secretary of the sanitary board, and said bonds shall be uuni Vjered consecutively beginning with number one, and shall have coupons attached referring to the number of the bond to which they are attached, which coupons shall be signed by the president and countersigned by the secretary of said board. The bonds must be disposed of by the sanitary board in such nnan nor and in such quantities as may be determined by such board in its- discretion, but no bond must bo disjioseH of for less than its face value. The proceeds of such sale shall be do|)osited with the county treasurer and shall be by him placed in the fund to be called "the sewer construc- tion fund of annexed territory of , sanitary district" (naming it). The money in such fund shall be used for the purposes indicated in tlu order calling the election upon the question of the issuance of the bonds, and for no other purpose; provided, that if after such purposes are entireh' fulfilled aiiy balance remains in such funds, such balance may by the order of the sanitary board be transferred to the "bond, interest and redemption fund" for the rcilemption of bonds and the payment of interest thereon, issued under the provisions of this section. ff the result of the election be against the issuance of bonds no other election upon the question shall be called or held for a period of one year. It is hereby made the duty of the sanitary board to levy each year ii])iin the ]iro|)erty within the said annexed territory a sufficient tax to ])ay off the interest accruing upon said bonds for the respective year as each falls due, and also to i>ay at least one-twentieth of the principal of said bonds so that the entire amount of the principal and interest of said bunds shall be paid within twenty years from the date of the issu ance of said bonds; and it is hereby made the duty of the tax collector, or such other person as may be charged with the duty of collecting the sanitary district taxes, to collect the tax so to be levied, and the dut\ of the sanitary board to order the same i)aid in manner and form as provided by this act, and the duty of the county treasurer to pay the same. If, for any reason, any portion of the tax for any year remains unpaid, and in consequence thereof any portion of the interest or prin cipal due for any year remains unpaid, the same shall be added to and levied for the next year, and be collected and paid accordingly. The payment of the whole amount of the principal and interest of all of said bonds, within twenty years from their issuance, is hereby made 1913 SAN JOAQUIN RIVER. Act 3372, § 1 the imperative duty of tlie aunexed territory; and, if necessary for that purpose, a special tax shall be levied by the sanitary board on the prop- erty situate in said annexed territory; and it is hereby made the duty of every officer and board to do his respective part toward the levy, collection and payment of such tax; and mandamus shall issue from the sui)erior court of the county in which the district is situated, or from any other competent court upon the application of any party interested for the purpose of compelling the performance of the duty imposed by this act upon any and all boards and officers. If the result of any election upon the question of the issuance of bonds for such annexed territory be in favor of such issuance, the sani- tary board may, in their discretion, before such issuance, commence in the superior court of the county a special proceeding to determine their right to issue such bonds and the validity thereof, similar to the pro- ceedings in relation to irrigation bonds provided for by an act entitled, "An act supplemental to 'An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes,' approved March 7, 18S7, and to provide for the ex- amination, approval, and confirmation of proceedings for the issue and sale of bonds issued under the provisions of said act," and all the provisions of said act shall apply to and govern the proceedings so to be commenced by the sanitary board, so far as the same are applicable; and said proceedings shall be in accordance with the provisions of said act so far as the same are applicable, and the judgment in such proceedings shall have the same eifect as a judgment in relation to irrigation bonds under the provisions of said act. [Amendment approved May 29, 1913; Stats. 1913, p. 344.] Citations. Cal. 158/453, 454, 455, 459, 460. TITLE 436. SAN JOAQUIN RIVER. ACT 3372. An act providing for the acquisition by the state of California for the United States of America of the right of way for cut offs in rectifica- tion and improvement of the San Joaquin river, and appropriating fifteen thousand dollars for said purpose. [Approved April 25, 1911. Stats. 1911, p. 1109.] Appropriation: Right of way for cut-offs of San Joaquin river. § 1. From any funds in the state treasury not otherwise appropriated, the sum of fifteen thousand dollars or so much thereof as may be neces- sary, there is hereby appropriated for the purpose of effectuating the conveyance by the present owners directly to the United States of America of the right of way for cut-offs or channels in rectification and improvement of the channel and navigation of the San Joaquin river. Acts 3375-3446 GENERAL LAWS. 1914 such cut-offs or channels being shown in and on house document No. 1124, sixtieth Congress, second session. Governor to purchase. § 2. The governor of the state of California is hereby authorized to take and make such purchases, sales and conveyances of land as shall be necessary or convenicnL to the end of effectuating the aforesaid direct conveyance of such right of way to the United States of America, and the immediate return to the treasury of the state of California of the proceeds of the sale of any lands by him necessarily bought and there- after sold on behalf of the state of California in the effectuation of the aforesaid purpose of acquiring said right of way for the United States of America; jjrovided, that all and singular the said purchases and sales and all expenditures on account thereof be approved or audited by the state board of examiners. Controller authorized to draw warrants. § 3. The controller of state is hereby authorized and directed to draw his warrant in favor of the governor of the state of California for the amount herein made payable as provided herein and for the purposes hereof and the state treasurer is hereby directed to pay the same. TITLE 437. SAN JOSE. ACT 3375. Citations. Ctl. 157/319. App. 8/235, 236; 13/431. TITLE 441. SAN LUIS OBISPO CITY. ACT 3417. Charter of. [Stats. 1911, p. 1699.] Amended 1913 (Stats. 1913, p. 1167). ACT 3425. Citations. App. 13/443. TITLE 443. SAN K A FA EL. A.CT 3446, Charter of. [Adopted by voters November 30, 1912; ratified by the legislature, 1913. Stats. 1913, p. 1549.J 1915 SCHOOLS. Acts 3449-3537a TITLE 444. SANTA BARBARA CITY. ACT 3449. Charter of. [Stats. 1899, p. 449.] Amended 1905, p. 929; 1909, p. 1149; 1911, p. 1478. Citations. Cal. 156/209. TITLE 448. SANTA CRUZ CITY. ACT 3504. Citations. Cal. 163/542. ACT 3505. Citations. (§ 2) Cal. 163/543, 544, 548, 549. ACT 3507. Charter of. [Stats. 1911, p. 1861.] TITLE 450. SANTA MONICA. ACT 3526. Charter of. [Stats. 1907, p. 1007.] This reference is incorporated here as it was omitted by mistake from the General Laws of 1909. Citations. Cal. 162/425. App. 13/277. TITLE 451. SANTA ROSA. ACT 3529. Citations. Csl. 157/319. App. 9/780. TITLE 452. SCHOOLS. ACT 3537a, An act to validate the consolidation of certain school districts into one school district, and validate and approve certain bonds authorized by such school districts. [Approved March 1, 1911. Stats. 1911, p. 260.] Consolidation of school districts. § 1. AVherever, in any i?ity in which there had theretofore existed two or more school districts, the business and affairs of such several districts have been conducted together as one district under a common name for' a period of one year or more prior to the adoption of this act, such at- Acts 3537b, 3553a general laws. 1916 tempted consolidation of the said several school districts into one school district is hereby approved, ratified and validated; and it is further hereby declared that the consolidation of said several school districts into one school district was effected by such action, and that such school dis trict has existed as a legal school district from the date on which the business and affairs of said several school flistriets have been conducted as one district under such common name. And it is further provided that wherever the board of supervisors of the county in which any such city is situated has directed, or shall hereafter direct, that bonds of any such school district Vjc issued pursuant to any election theretofore held in such district in accordance with the law pnividiug for the holding of elections in school districts, such action of such board of supervisors is hereby validated and approved, and all bonds issued pursuant to such order are hereby declared valid and binding obligations of such school district from the date of their issuance, whether the same were issued prior to the passage of this act, or shall be issued hereafter.- § 2. This act shall take effect from and after its adoption, ACT 3537b. An act confirming and validating the organization of school districts. [Approved .Tune 1, 1913. Stats. IoMt State Normal School," and making an appropriation for the maintenance of said school. [Ai.proved .June Ifi. 1913. Stats. 1913, p. 1133.] Humboldt normal school established. § 1. There shall be established in Humboldt county, state of Cali- fornia, a state normal school to be called the '"Humboldt State Normal School," for the training and education of teachers and others in the art 1917 SCHOOLS. [Act 3554a of instructing and governing the public schools of this state, the course of study prescribed for use in said school to include agriculture and manual training; said school to be located at such place in said county as the board of trustees hereinafter provided for shall select. Board of trustees. § 2. The governor shall within thirty days after this act becomes effective, appoint five persons, one for one 3'ear, one for two years, one for three years and two for four years, the successors of each to be ap- pointed for four years tiieroafter, and the persons so appointed, with the governor and state superintendent of public instruction, shall constitute the board of trustees of said normal school. Duties. § 3. The said trustees shall after their appointment and within sixty days after a building therefor shall have been provided as hereinafter required, establish and cause to be opened and carried on said normal school at said place so selected by said board of trustees, and shall pro- vide suitable furniture and equipment for the same, and may accept from the county of Humboldt, or from the board of education thereof, or from any incorporated city, town or municipality in said county, or any board of education of any such city, town or municipality, or from any person or persons a lease of suitable building or buildings and grounds free of charge, for the use of said school. Appropriation. § 4. The sum of ten thousand dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated for establish- ing and maintaining said state normal school, and providing suitable accommodations therefor. When available. § 5. The money hereby appropriated shall be made available and pay- aVtle according to law out of the state treasury as follows: No portion thereof shall be available until a two-year lease, free of charge, and acceptable to said board of trustees, of a suitable building or buildings and grounds for the use of said school, shall have been executed and de- livered by some of those from whom, under section 3, said board of trus- tees is authorized to accept such lease, to said board of trustees. After the execution and delivery of such lease, not more than five thousand dollars of said amount shall be available in the sixty-fifth fiscal year and the remainder thereof shall be available the following fiscal year. ACT 3554a. An act to authorize and empower the board of trustees of the state normal school at Los Angeles to sell and convey the lands and build- ings of said school, and from the proceeds of said sale to purchase and improve a new and suitable site for said school; to erect and Act 3554b, § 1 GENERAL LAWS. 1918 construct upon the site so purchased buildings and other structures and improvements necessary and proper for said school; to purchase furniture, fixtures, apparatus, and other things necessary for said school, and to rent such temporary buildings and grounds as may be necessary for the use of said school until the completion of the new school buildings. [Approved March 4, 1907. Stats. 1907, p. 101.] Amended 1-911, Statutes of 1911, page 840, as follows: Los Angeles State Normal School building and improvement fund. § 3, The moneys received from the sale of said lands and buildings shall be paid into the state treasury and kept in a fund to be called: "Los Angeles State Normal School building and improvement fund." to the credit of the state normal school at Los Angeles and said moneys shall not be drawn therefrom except to pay the costs and expenses of carry ing out the provisions of this act and those incidental thereto, for rent of grounds and buildings as in this act provided and for the construc- tion of new buildings and other improvements as hereinafter provided. [Amendment approved April 10, 1911; Stats. 1911, p. 841.] Trustees to purchase new site. Appropriation. § 4. The board of trustees of the state normal school at Los Angeles is authorized, directed and empowered to examine sites and to selc.ct a new and suitable site for said school in the county of Los Angeles and to purchase for and on behalf of the state of California the necessary lands therefor, and the lands so selected and purchased shall be and re- main the site of the state normal school at Los .\ngeles until otherwise provided by law. The sum of one hundred thousand dollars is hereby appropriated out of any money in the state treasury not otherwise appro- priated to be expended by said board of trustees in the purchase of a new site for said normal school. The controller is hereby authorized and directed to draw his warrant for said sum of one hundred thousand dol- lars and the treasurer is hereby directed to pay the same and place said money in the state treasury to the credit of the aforesaid "Los .\ngeles State Normal School building and impro\ement fund." Provideersons so appointed, with the gov- ernor and state superintendent of public instruction, shall constitute the board of trustees of said Fresno State Normal School, with full power and authority to select a site for the permanent location of said state normal school in said county of Fresno. Said trustees shall examine the different sites offered to be donated by the people of the said county of Fresno for the location of state normal school buildings, and select there- from a suitable location for said state normal school buildings, and the site selected by them, upon its conveyance to the state of California, shall be and remain the permanent site for the said Fresno State Normal School of Fresno. Appropriation. § 3. The sum of twenty-five thoiisand dollars is hereby appropriated out of any moneys of the state not otherwise ajijiropriated. for the main- tenance of the said Fresno State Normal School, during the sixty third and sixty-fourth fiscal years; provided* that no money shall be exjiende^l for said school until the site selected has been conveyed by a deed in fee simple to the state of California. Opening of school. . § i. The said board of trustees shall provide for the opening of said state normal school at Fresno on or before October 1, 1911, in buildings or rooms to be furnished by the board of education of the city of Fresno free of cost to the state of California, and the said hoard shall have full power and authority to employ suitable teachers for conducting attd maintaining said Fresno State Normal School, and supplying the same with necessnry books, stationery and apparatus. 1921 SCHOOLS. Acts 3558b-3564a Controller authorized to draw warrants for amounts appropriated. § 5. The state controller is hereby authorized and directed to draw his warrants for the amount herein appropriated, in favor of the ofiBcers authorized by law to receive the same, in such amounts and at such times as may be approved by the state board of examiners, and the treasurer is directed to pay the same. § 6. This act shall take eifect and be in force from and after its passage. ACT 3558b. An act appropriating money for the construction and equipment of build- ings on the property of the Fresno State Normal School. [Approved June 14, 1913. Stats. 1913, p. 909.] Appropriation: Buildings, Fresno normal. When available. § 1. The sum of three hundred seventy thousand dollars ($370,000), or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated, to be used in accordance with law for the construction and equipment of buildings on the property of the Fresno State Normal School. Of the total amount hereby appropriated, the sum of one hundred eighty-five thousand dollars ($185,000) shall be available for expenditure during the sixty-fifth and sixty-sixth fiscal years, or during either of such years, and the remaining one hundred eighty-five thousand dollars ($185, 000) shall be available for expenditures during the sixty seventh and sixty-eighth fiscal years or during either of such years. ACT 35e4a. An act to provide for the purchase of certain California state text-books now in the hands of the dealers and providing for the proper dis- tribution of such books. [Approved June 16, 1913. Stats. 1913, p. 951.] Superintendent of public instruction authorized to purchase text-books in hands of dealers. § 1. The superintendent of public instruction is hereby authorized and empowered to purchase unsold state text-books now in the hands of the dealers on the passage of this act at prices not exceeding those hereto- fore fixed by the state board of education according to law. Only books now under contract and those on the list of state text-books by the state may be so purchased, and they may be so purchased when delivered free at such point and to such agent as may be designated by the superin- tendent of public instruction. The claim for such text-books shall be presented on blanks furnished by the superintendent of public instruc- tion by the dealer in itemized form. Such claim must be signed by the 121 Acts 3564b, 357Q general laws. 1922 dealer and by the agent of the superintendent of public instruction to whom such dealer delivered the books. On being properly made out and signed it shall be forwarded to the superintendent of public instruction who if he approve it shall forward it with his approval to the state board of control. On the approval of the state board of control the claim shall be transmitted to the controller, who shall draw his warrant against the state school book fund in the name of such dealer. The state treasurer is hereby directed to pay such claim. ACT 3564b. An act appropriating tha money in the state school book fund for the purpose of paying expenses of publishing and distributing state text- books free to the school children of the state in accordance with the constitution. [Approved February 4, 1913. Stats. 1913, p. 11. In effect immediately.] School book fund, for distributing free text-books. § 1. The money in the state school book fund is hereby appropriated for the purpose of paying expenses of publishing state textbooks and distributing the same free to the school children of the state in accord- ance with section 7 of article 9 of the constitution. The expense of publisliing shall include the payment of royalties under existing con- tracts upon the basis of books shipjicd and all material, labor and other expenses necessary to the mechanical work of printing and binding said books. All books shall be printed upon the order of the superintendent of public instruction and claims shall be drawn after being certified to by the superintendent of state printing as provided by law. The expense of distributing shall consist of postage, expressage, freight or other de- livery, clerical or other help and all other necessary expense connected with such distribution, the claims for the same to be presented and cer- tified to by either of the above state officers incurring the same, and allowed and audited as provided by law. § 2. This act, inasmuch as it provides for an appropriation for the current expenses of the state, under the j^rovisions of section 1 of article 4 of the constitution of the state of California, shall take efTect im- mediately. ACT 3570. An act to create and administer a public school teachers' annuity and retirement fund in the several counties, and cities and counties of the state. [Approved March 26, 1S95. Stats. 1895, p. 170.] Amended 1897, p. 225; 1901, p. 676; 1903, p. 271; 1909, p. 286; 1911, p. 130.3. Repealed June 16, 1913 (Stats. 1913, p. 1423). See Act 2643, ant«. 1923 SCHOOLS. Act 3574, § 1 ACT 3574. An act to enforce the educational rights of children and providing penal- ties for violation of the act. [Approved March 24, 1903. Stats. 1903, p. 388.] Amended 1905, p. 388; 1907, p. 95; 1911, p. 949, The amendment of 1911 is as follows: Age of school children. § 1. Unless excused, as hereinafter provided, each parent, guardian, or other person, in the state of California, having control or charge of any child between the ages of eight and fifteen years, shall be required to send such child to a public school, during the time in which a public school shall be in session, in the city or city and county or school district in which said child resides; provided, that should it be shown to the satisfaction of the board of education of the city or city and county, or of the board of trustees of the school district, in which such child re- sides, that the child's bodily or mental condition is such as to prevent or render inadvisable attendance at school or application to study, a certificate from any reputable physician that the child is not able to attend school, or that its attendance is inadvisable, must be taken as satisfactory evidence by any such board, or that such child is being taught in a private school, or by a private tutor, or at home by any person capable of teaching, in such branches as are usually taught in the primary and grammar schools of this state; or that any such child between the age of twelve and fifteen has been given a permit to work by the proper judicial officers in accordance with section 2 of "An act regulating the employment and hours of labor of children, prohibiting the employment of minors under certain ages, prohibiting the employment of certain illiterate minors, providing for the enforcement hereof by the commissioner of the bureau of labor statistics and providing penal- ties for the violation hereof," approved February 20, 1905; or that no public school is located within two miles, by the nearest traveled road, of the residence of the child: or that the child has completed the pre- scribed grammar school course; then it shall be the duty of such board of education or board of trustees, upon application of the parent, or guardian, or other person having control or charge of such child, to excuse such child from attendance at school, during the continuance of such defect or condition upon which such excuse is granted; and pro- vided, further, that circumstances rendering attendance impracticable or dangerous to health, owing to unusual storm or other sufficient cause, shall work an exemption from the penalties of this act. If any parent or guardiaH or other person having control or charge of any such child presents proof to such board of education or board of trustees, by affi- davit, that he is unable to compel such child to attend school, said parent, guardian or other person shall be exempt from the penalties of this act, as regards the subsequent nonattendance at school of such child, and Acts 3574b-3584a general laws. 1924 said child may, in the discretion of such board, be deemed a truant and subject to assignment to the parental school [Amendment approved April 21, 1911; Stats. 1911, p. 950.] Citations. App. 13/517. ACT 3574b. An act to provide for the instruction of blind students in certain state institutions. [Approved June 13, 1913. Stats. 1913, p. 806.] Instruction of blind students in university and normal schools. § 1. Whonovpr one or more blind persons with the proper educational and moral qualifications shall rejsiilarly matriculate, enter and work for a degree in the University of California or for a diploma of graduation in any one of the state normal schools the trustees or governing authori- ties of said institutions shall out of the funds appropriated for the main- tenance of such institution, provide a reader to instruct such student from the text-books and other printed matter provided or required for the course taken by such student; provided, however, that no more than three hundred dollars per annum shall be expended by any such institu- tion for the instruction of any one student and not more than a total of nine hundred dollars shall be expencled in any one school year by any such institution, except the University of California, for the purpose of so instructing blind students. ACT 3582. Citations. App. 19/106; (§1) 19/107. ACT 3584a. An act to validate bonds of school districts and high school districts, and to provide for the levy and collection of taxes to pay the principal and interest on such bonds. [Approved June 1, 1913. Stats. 1913, p. 361.] School bonds validated. § 1. Where in any school district, or high school district of any kind or class, including union high school districts and joint union high school districts, proceedings have been taken for the purpose of issuing and sell- ing bonds of such district, for any purpose or purposes, all the acts and proceedings of the board of trustees, board of education or other govern- ing body of such district, and all the acts and proceedings of the board of supervisors of the county within which such district is situated, leading up to and including the issuance of such bonds if they have heretofore been sold, and all such acts and proceedings heretofore had although the bonds are not yet sold, are hereby legalized, ratified, con- firmed and validated to all intents and purposes, and the power of such 1925 SCHOOLS. Act 3586a, §§ 1, 2 district and of the board of supervisors of the county in which such dis- trict is situated, to issue such bonds, is hereby ratified, confirmed and de- clared, and the bonds heretofore sold are declared to be, and the bonds hereafter sold shall be, the legal and binding obligations of and against the district having heretofore issued, or hereafter issuing such bonds, and the faith and credit of such district is hereby pledged for the prompt payment and redemption of the principal and interest of said bonds. Power to levy tax for pajmient. § 2. For the pur[)ose of paying the interest on such bonds as it be- comes due and the principal thereof at maturity, the assessors, treas- urers, boards of supervisors, and other officers of the respective counties, shall have the same powers and shall perform the same duties as are provided by law relative to the assessment, levy, and collection of taxes, and custody of funds, for the payment of the principal and interest of bonds of school districts and high school districts of every kind or class, respectively. Must be sold at par. § 3. This act shall not operate to legalize any bonds which have been sold for less than par, nor to legalize any bonds the issuance of which has not received the assent of two-thirds of the qualified electors of such district, voting at an election held for the purpose of determining whether such indebtedness should be incurred, nor to legalize any bonds which mature at a date more than forty years from the time of their issuance. ACT 3586a. An act to provide for the organization, control and equipment of high school cadet companies, and for the promotion of rifle practice therein, and appropriating the sum of five thousand dollars therefor. [Approved April 5, 1911. Stats. 1911, p. 635.] High school cadet company. § 1. The male students of any high school in this state, having forty or more such students, fourteen years of age or over, may be organized into a high school cadet company, or companies, of not less than forty members each, under such rules and regulations as the governing body of said school may prescribe. Said cadet company or companies, shall at all times be under the guidance and control of the principal of the said school, whose duty it shall be to make regulations regarding the moral, educational, and physical welfare of said cadets. Oflicera. § 2. Said companies shall each have one captain, one first lieutenant, one second lieutenant, elected by the members thereof, and such non- lommissioned officers and privates as correspond to the noncommissioned I'ilicers and privates of the infantry companies of the national guard of California, the noncommissioned officers to be appointed by the captain. Act 3586a, §§ 3-10 general laws. 1926 Officers. § 3. In case any high school has more than one company, it shall have one cadet major, who shall be elected by the commissioned officers of the companies; one cadet adjutant, and one sergeant-major, who shall be appointed by the major. Commissions. § 4. The principal of such high school may issue commissions to such oflicers so elected, and warrants to the noncommissioned officers. DriU. § 5, Said cadets shall drill in accordance with the drill regulations prescribed by the United States army. Uniform. § 6. Said high school cadets may wear a uniform similar to that pre- scribed for the national guard of California, except that instead of shoulder straps, cadet chevrons indicating rank, and distinctive collar ornaments shall be worn. Cancellation of commission. § 7. Any comiaissioncd officer, or noncommissioned officer, may have his commission or warrant canceled, and be reduced to the ranks, by the principal of the high school for falling back in his studies, or for mis- behavior, either in school, or in the cadet company, or for other good cause appearing in the judgment of said principal. Rifles. § 8. A sufficient number of obsolete rifles for drill purposes may be purchased by the board of high school trustees, board of education, county superintendent of schools, or the state superintendent of public instruction, out of any funds available and not otherwise appropriated. Target practice. § 9. Target practice shall constitute a part of the instruction to be given to said cadets, and the adjutant general of the state shall pur- chase and supply to each of said high schools a sufficient number of Krng-Jorgensen, or other efficient, rifles for field target work and for gallery practice, and ammunition and equipment therefor, as in his judg- ment shall be necessary for efficient rifle practice. All target practice shall be under the supervision of competent members of the national guard of California, detailed for that purpose by the adjutant general of the state. The expenditures therefor sharl be paid out of the moneys hereinafter appropriated. Drill and rifle practice instructor. § 10. The adjutant general of the state shall detail from the organ- isations of the national guard, when practicable, some competent member thereof who shall act as drill and rifle practice instructor for said higli 1927 SCHOOLS. Act 3586b school cadets. The adjutant general may provide for compensating the person or persons detailed by him to instruct said cadets in drill and target practice. Use of national guard rifle ranges. § 11. Whenever practicable said high school cadets shall be permitted to shoot at target practice upon national guard rifle ranges, when not needed by the national guard, under the supervision of national guard instructors. Yearly inspection. § 12. The inspectors of the national guard shall inspect and report on said high school cadet companies at least once each year. Drill regulations, reports, etc, § 13. The adjutant general shall provide suitable drill regulations, books of instruction, and the necessary blanl^ forms for reports for each of said high schools having a cadet company, relating to the drill, target practice, attendance, discipline, and condition of property of said high school cadet organizations. Such reports shall be made and forwarded, in duplicate, one copy to the state superintendent of public instruction, and one copy to the adjutant general's office, semi-annually, and shall bear the indorsement of the principal of said school, containing such re- marks as the principal may deem pertinent. Principal responsible for property. § 14. The principal of the school shall be responsible for all public property supplied, to said cadet companies, and shall supervise the proper care thereof. School trustees, etc., to co-operate. § 15. Each and every board of high school trustees, board of educa- tion, county superintendent of schools, and the state superintendent of public instruction, are, and each is hereby authorized, empowered, and directed to facilitate the purposes of this act, by co-operating with the adjutant general of the state. Appropriation. § 16. The sum of five thousand dollars is hereby appropriated from funds in the state treasury, and not otherwise appropriated, for the pur- pose of carrying out the provisions of this act. § 17. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. ACT 3586b. • An act appropriating the sum of ten thousand dollars to defray the ex- penses, during the sixty-fifth and sixty-sixth fiscal years, of organiz- ing, controlling, equipping, instructing and maintaining high school Act 3586e, §§ 1-3 general laws. 1928 cadet companies in the state of California, and for promoting rifle practice in said companies and to further carry out the purposes of an act entitled "An act to provide for the organization, control and equipment of high school cadet companies, and for the promotion of rifle practice therein, and appropriating the sum of five thousand dollars therefor," apx^roved April 5, 19n. [Approved June 14, 1913. Stats. 1913, p. 8S7.] Appropriation. High school cadet companies. § 1. The sura of ten thousand dollars is hereby appropriated from funds in the state treasury, not otherwise appropriated, to defray the expenses, during the sixty-fifth and sixty-sixth fiscal years, of organizing. controlling, instructing, equipping, and maintaining high school cadet companies in tlie state of California, and promoting rifle practice in said high school cadet companies, and to further carry out the purposes of an act of the legislature of the state of California entitled "An act to provide for the organization, control and equipment of high school cadet companies and for the promotion of rifle practice therein, and appropriat- ing the sum of five thousand dollars therefor," approved AprU 5, 1911. ACT 3586c. An art to allow union high school districts to establish, equip and main- tain public libraries; to provide for the formation, government and operation of such library districts; the acquisition of property thereby; the calling and holding of elections ia such districts; the assessment, collection, custody and disbursement of taxes therein. [Became a law under constitutional provision without governor's ap- proval March 24, 1911. Stats. 1911, p. 467.] Union high school district may establish public library. § 1. Any union high school district ot tliis state may establish, equip and maintain a public library for the dissemination of a knowledge of the arts, sciences and general literature, in accordance with the provi- sions of this act. Petition to supervisors. § 2. Upon the ajiiilicatinn, by petition, of fifty or more taxpaj-ers and residents of any union high school district to the board of supervisors in the county in which said union high school district is located, praying for the formation of a library district, and setting forth the boundaries of the said proposed district; the said board of supervisors must, within ton days after receiving said petition, by resolution, order that an elci' tion bo held in the said proposed district for the determination of the question and *liall appoint three qualified electors thereof to conduct sai'l election. Notice of election. Polls open. § 3. JSaid election shall be called by posting notice thereof in three of the most public places in said proposed library district, and by publi 1929 SCHOOLS. Act 3586c, §§4-9 cation in a daily or weekly paper therein, if there be one, at least once a week for not less than fifteen days. Said notices must specify the time, place and the purposes of said election, and the hours during which the polls will be kept open; provided, that in districts with a population of ten thousand or over, the polls must be opened at 8 o'clock A. M., and kept open until 7 o'clock P. M., and in districts where the popu- lation is less than ten thousand, the polls must not be opened before 1 o'clock P. M., and must be kept open not less than six hours. Election, how conducted. § i. Said election shall be conducted in accordance with the general election laws of this state, where applicable, without reference to form of ballot or manner of voting, except that the ballots shall contain the words, "For union high school library district," and the voter shall write or print after said words on his ballot the word "Yes," or the word "No." Who may vote. § 5. Every qualified elector, resident within the proposed district for the period recjuisite to enable him to vote at a general election, shall be entitled to vote at the election above provided for. Report of result. § 6. It shall be the duty of the election ofiBcers to report the result of said election to the board of supervisors within five days subsequent to the holding thereof. Two-thirds vote for. § 7. If two-thirds of the votes at said election shall be in favor of a union high school library district, the said board of supervisors must, by resolution, establish said library district, and place the said district in the control of the trustees of said union high school district. Said trustees shall severally hold office during the term for which they shall have been elected as trustees of such union high school district. One-third vote against. § 8. If one-third of the votes cast shall be against a library district, the board of supervisors shall, by order, so declare; no other proceedings shall be taken in relation thereto until the expiration of one year from the date of presentation of the petition. Record on minutes of supervisors. § 9. The fact of the presentation of the petition, and the order estab- lishing the library district shall be entered in the minutes of the board of supervisors and shall be conclusive evidence of the due presentation of a proper petition, and that each of the petitioners was, at the time of signature and presentation of the petition, a taxpayer and resident of the proposed district, and of the fact and regularity of all prior proceedings of every kind and nature provided for by this act, and of the existence and validity of the district. Act 3586c, §§ 10, 11 GENERAL LAWS. 1930 Library trustees, meetings, etc. § 10. Boards of library trustees shall meet at least once a month, at such time and place as they may fix by resolution. Special meetings may be called at any time by two trustees, by written notices served upon each member at least twelve hours before the time specified for the meeting. Three members shall constitute a quorum for the transaction of business. At its first meeting held after the first day of .July the board shall organize by electing one of its number president, and another one of its number secretary, they shall serve as such for one year or until their successors are elected and qualified. Such board shall cause a proper record of its proceedings to be kept, and at the first meeting of the board of trustees of any library formed under the provisions of this act, it must immediately cause to be made out and filed with the state librarian at Sacramento a certificate showing that such library has been established, with the date thereof, the names of the trustees, and the officers of the board chosen for the current fiscal year. Powers. § 11. The board of library trustees, as herein provided for, and their Buccossors, shall be authorized and they are hereby empowered, and it shall be their duty: First — To make and enforce all rules, regulations and by-laws neces- sary for the administration, government and protection of the libraries under their management, and all property belonging thereto. Second — To administer any trust declared or created for such libraries, and receive by gift, devise, or bequest, and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the same for the benefit of such libraries. Third — To prescribe the duties and powers of the librarian, secretary, and other officers and employees of any such libraries; to determine the number of and appoint all such officers and employees, and fix their compensation, which said officers and employees shall hold their offices and positions at the pleasure of said boards. Fourth — To purchase necessary books, journals, publications and other personal property. Fifth — To purchase such real property, and erect or rent and equip, such building or buildings, room or rooms, as in their judgment may be necessary to properly carry out the provisions of this act. Sixth — To require the secretary of state and other state oflScials to furnish such libraries with copies of any and all reports, laws, and other publications of the state not otherwise disposed of by law. Seventh — To borrow books from, lend books to and exchange the same with other libraries, and to allow nonresidents to borrow books upon such conditions as the board may prescribe. Eighth— To do and perform any and all other acts and things neces- sary or proper to carry out the provisions of this act. Ninth — To file, through their secretary, on or before the last day in the month of July of each year, a report with the state librarian at 1931 SCHOOLS. Act3586c,§§ 12-14 Sacramento giving the condition of their library and the number of volumes contained therein on the thirtieth day of June preceding. Tenth — To designate the hours during which the library shall be open for the use of the public; provided, however, that all public libraries established under the provisions of this act, shall be open for the use of the public at all reasonable times. Yearly estimate of expenses. Bond election. § 12. In an}' library district formed under the provisions of this act, which is now maintaininjj a public library, or which shall have petitioned for and has been granted permission to establish, and intends to main- tain, a public library in accordance with this act, it shall be the duty of the board of library trustees therein, to furnish to the board of super- visors of the county wherein said library district is situated, each and every year, on or before the first day of September, an estimate of the cost of leasing temporary quarters; purchasing a suitable lot; of procur- ing plans and specifications and erecting a suitable building; of fur- nishing and equipping the same, and of fencing and ornamenting the grounds, for the accommodation of the public library, and of conducting and maintaining the same for the ensuing fiscal year, or for any or all of said purposes; provided however, that the board of library trustees, may when in its judgment it is deemed advisable, and upon the petition of fifty or jnore taxpayers residing within said library district; must, call an election and submit to the electors of the said library district whether the bonds of said library district shall be issued and sold for any or all of the purposes of this act. Tax levy. § 13. When such estimate shall have been submitted to the board of supervisors of any county in which a public library district has been established, the said board of supervisors, must, at the time of levying county taxes, levy a special tax upon all the taxable property within the limits of the said library district, sufficient in amount to maintain the said union high school library, or to purchase the site, erect and equip the building, improve the grounds or building, or for any or all of the purposes of this act. The taxes so levied shall be computed, entered upon the tax-roll, and collected in the same manner as other taxes are computed, entered and collected. Library fund. § 14. The revenue derived from said tax, together with all money acquired by gift, devise, bequest, or otherwise, for the purposes of the library, shall be paid into the county treasury to the credit of the library fund of the district wherein said tax was collected, subject only to the order of the library trustees of said district. If such payment into the treasury should be inconsistent with the terms or conditions of any such gift, devise, or bequest, the board of library trustees shall provide for the safety and preservation of the same, and the application thereof Act 3586c, §§ 15-19 general laws. 1932 to the use of the library, in accordance with the terms and conditions of such gift, devise or bequest. Library free to inhabitants. § 15. Every union high school library established under the provi- sions of this act shall be forever free to the inhabitants and nonresi- dent taxpayers of the library district, subject always to such rules, regulations, and by-laws as may be made by the board of library trus- tees; also provided, that for violation of the same si person may be fined or excluded from the privileges of the library. Contracts with neighhoring districts. § 16. Boards of library trustees and the boards of trustees of neigh- boring library districts, or the legislative bodies of neighboring munici- palities, or boards of supervisors of the counties in which public libraries are situated, may contract to lend the books of such libraries to residents of such counties or neighboring municipalities, or library districts; upon a reasonable compensation to be paid by such counties, neighboring municipalities, or library districts. Title to property. Name of district. § 17. The title to all property acquired for the purposes of such libraries, when not inconsistent with the terms of its acquisition, or not otherwise designated, shall vest in the district in which such libraries are, or are to be situated. Every library district must be designated by the name and style of library district, (using the nn"-e of the district), of county, (using the name of the county in \ i'-h said district is situated); and in th.it name the trustees may sue and be sued, and may hold and convey projierty for the use and benefit of such district. A number must not be used as a part of the designation of any library district. Eond election. § 18. The board of trustees of any library district may, when in their judgment it is deemed advisable, and must, upon a petition of fifty or more taxpayers and residents of said library district, call an election and submit to the electors of the district, whether the bonds of surh district shall be issued and sold for the purpose of raising money for the purchase of suitable lots, of procuring plans and specifications and of erecting a suitable building, of furnishing and equipping the same, and of fencing and ornamenting the grounds, for the accommodation of the union high school library, or for any or all of the said purposes, or for any or all of the purposes of this act; for liquidating any indebt ednoss incurred for said purposes, and for refunding any outstanding valid indebtedness, evidenced by bonds or warrants of the district. Ballot and voting. § 19. Voting must be by ballot (without reference to the general election law in regard to form of ballot, or manner of voting), except 1933 SCHOOLS. Act 3586c, §§ 20-23 that the words to appear on the ballot shall be "Bonds — Yes," and "Bonds— No," and except further, that persons voting at such bond elec- tion shall put a cross (X) upon their ballots with pencil or ink, after the words, "Bonds — Yes," or "Bonds — No," (as the case may be) to indicate whether they have voted for or a^inst the issuance of the bonds; which said ballot shall be handed by the elector voting to the inspector, who shall then, in his presence, deposit the same in the ballot- box, and the judges shall enter the elector's name on the poll list. The polls must be open during said election from 8 A. M. to 5 P. M. Canvass of votes. Maximum bonds. § 20. On the seventh day after said election, at 8 o'clock P. M., the returns having been made to the board of trustees, the board must meet and canvass said returns, and if it appears that a two-thirds of the votes cast at said election was in favor of issuing such bonds, then the board shall cause an entry of such fact to be made upon its minutes and shall certify to the board of supervisors of the county, all the proceedings had in the premises, and thereupon said board of supervisors shall be and they are hereby authorized and directed to issue the bonds of said dis- trict, to the number and amount provided in such proceedings, payable out of the building fund of such district, naming the same, and that the money shall be raised by taxation upon the taxable property in said dis- trict, for the redemption of said bonds and the payment of the interest thereon; provided, that the total amount of bonds so issued shall not ex- ceed five per cent of the taxable property of said district, as shown by the last equalized assessment-book of the county. Bonds, form, interest, etc. § 21. The board of supervisors by an order entered upon its minutes shall prescribe the form of said bonds and of the interest coupons at- tached thereto, and must fix the time when the whole or any part of the principal of said bonds shall be payable, which shall not be more than forty years from the date thereof. Maximum interest. § 22. Said bonds must not bear a greater amount of interest than six per cent, 'said interest to be payable annually or semi-annually; and said bonds must be sold in the manner prescribed by the board of super- visors, for not less than par, and the proceeds of the sale thereof must be deposited in the county treasury to the credit of the building fund of said library district, and be drawn out for the purposes aforesaid as other library moneys are drawn out. Tax levy for interest, etc., on bonds. § 23. The board of supervisors, at the time of making the levy of taxes for county purposes, must levy a tax for that year upon the tax- able property in such district, at the equalized assessed value thereof for that year, for the interest and redemption of said bonds, and such tax Act 3586c, §§ 24, 25 general laws. 1934 must not be less than sufficient to pay the interest of said bonds for that year, and such portion of the principal as is to become due during such year, and in any event must be high enough to raise, annually, for the first half of the term said bonds have to run, a sufficient sum to pay the interest thereon; and during the balance of the term, high enough to pay such annual interest, and to pay, annually, a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, and all moneys so levied, when collected, shall be paid into the county treasury to the credit of the said library district, and be used for the payment of principal and interest on said bonds, and for no other purpose. The principal and interest on said bonds shall be paid by the county treasurer, upon the warrant of the county auditor, out of the fund provided therefor; and it shall be the duty of the county auditor to cancel and file with the county treasurer the bonds and conjious as rapidlj' as they are paid. Unsold bonds. § 24. Whenever any bonds issued under the provisions of this act shall remain unsold for the period of six months after having been offered for sale in the manner prescribed by the board of supervisors, the board of trustees of the library district for or on account of which said bonds were issued, or of any library district composed wholly or partly of terri- tory which, at the time of holding the election authorizing the issuance of such bonds, was embraced within the district for or on account of which such bonds were issued, may petition the board of supervisors to cause such unsold bonds to be withdrawn from market and caiueled. Upon receiving such petition, signed by a majority of the members of said board of trustees, the supervisors shall fix a time for hearing the same, which shall be not more than thirty days thereafter, and shall cause a notice, stating the time and place of hearing, and the oliject of the petition in general terms, to be published for ten days prior to the day of hearing, in some newsjiaper published in said library district, if there is one, and if there is no nowspajier i)ublished in said library dis- trict, then in a newspaper published at the county seat of the county in which said library district or part thereof is situated. At the time and place designated in the notice for hearing said petition, or at any subse- quent time to which said hearing may be postponed, the supervisors shall hear any reasons that may be submitted for or against the granting of the petition, and if they shall deem it for the best interests of the library district named in the petition that such unsold bonds be canceled, they shall make and enter an order in the minutes of their proceedings that said unsold bonds be canceled, and thereupon said bonds, and the vote by which they were authorized to be issued, shall cease to be of any validity whatever. Dissolution of district. § 25. The district may at any time be dissolved upon the vote of two- thirds of the qualified electors thereof, upon an election called by the 1935 SCHOOLS. Act 358Gd, § 1 library trustees of such district, upon the question of dissolution. Such election shall be called and conducted in the same manner as other elec- tions of the district. Upon such dissolution, the property of the district shall vest in any union high school district in which said library is situ- ated; provided, however, that if, at the time of such election to dissolve such district, there be any outstanding bonded indebtedness of such dis trict, the vote to dissolve such district shall dissolve the same for all purposes excepting only the levy and collection of taxes for the payment of such indebtedness; and from the time such district is thus dissolved until such bonded indebtedness, with the interest thereon, is fully paid, satisfied and discharged, and the board of supervisors is hereby consti- tuted ex officio the library board of such district. And it is hereby made obligatory upon such board to levy such taxes and perform such other acts as may be necessary in order to raise money for the payment of such indebtedness and the interest thereon, as herein provided. Repeal of prior conflicting acts. § 26. All acts or parts of acts conflicting with the provisions of this act are hereby repealed. Definitions. § 27. Where the words "trustees" or "library trustees" appear in this act the same shall be construed to mean the regularly elected union high school trustees, and where the words "library," "library district," or "library districts" appear in this act, the same shall be construed to mean "union high school library districts." § 28, This act shall take effect immediately. ACT 3586d, An act to establish the legality of certain school districts and to validate all bonds heretofore issued or ordered to be issued by or on behalf of such districts. [Approved April 7, 1911. Stats. 1911, p. 711.] Establishment of school district validated. Bonds. § 1. In all cases where the board of supervisors of any county of this state has established a school district consisting of a portion of the ter- ritory of an incorporated city or town, all of the proceedings of said board of supervisors had in the formation of such school district are hereby validated, ratified and confirmed and such district is hereby de- clared to be a legal school district, and in all cases where the board of supervisors of any county of the state purporting to aet und-er and by virtue of the provisions of the Political Code applicable thereto, has ordered the issuance of bonds of any such school district, after a special election in such district has been held to determine whether such in- debtedness shall be incurred, at which election not less than two-thirds of all the qualified voters voting at such election have voted in favor Act 3586e, § 1 general laws. 1936 of incurring such indebteclness, all the proceedings of the trustees of such district and of the board of supervisors, preceding and including the issuance and the proposed issuance of such bonds, are hereby validated, ratified and confirmed, and all such bonds sold or to be sold for not less than par and accrued interest are hereby declared to be legal and valid obligations of such district, in accordance with their ternns. § 2. This act shall take effect and be in force from and after its passage and approval. ACT 3586e. An act to validate the consolidation of certain school districts into one school district, and validate and apjirove certain bonds authorized by such school districts. [Approved March 1, 1911. Stats. 1911, p. 263.] Consolidation of school districts in cities. Bonds. § 1. Whenever, in any city which had theretofore been divided into two or more school districts, a majority of the qualified electors of said city voting at an election, cither at a general election or at a special election called pursuant to any provision of law, have voted in favor of consolidating such several school districts into one school district, either, By voting to ratify a proposed charter for said city which said charter contained a provision cither expressly or impliedly providing for such consolidation, or in which provision is made or attempted to be made for the creation or formation of one school district, to comprise and -in- clude the said several districts theretofore existing within such city, and such charter has thereafter been approved by the legislature pursuant to article 11 section 8 of the constitution of the state of California; or in any other way: And where the business and affairs of such several school districts existing prior to such election have been thereafter conducted as one school district such attempted consolidation is hereby ratified, apj)rovoil and validated, and it is hereby declared that the consolidation of sui h school districts into one school district was effected thereby; and it is further declared that such school district has existed as a legal school district from the date of such attempted consolidation; and it is further provided, that wherever the board of supervisors of the county in which any such city is situated has directed, or shall hereafter direct, bonds of any such district so formed or created to be issued pursuant to any elec- tion heretofore Ueld in such district in accordance with the law providintr for the holding of elections in school districts, and such action of such board of supervisors is hereby validated and approved, ami all bonds issued pursuant to such^rder are hereby declared to be valid and bind- ing obligations of such school district from the date of their issuance, 1937 SCHOOLS. Act3586f, §§ 1-3 whether the same were issued prior to the passage of this act, or shall be issued hereafter. § 2. This act shall take effect from and after its adoption. ACT 3586f. An act providing for the free use of all public schoolhouscs and prop- erty and to establish a civic center at each and every public school- house in the state of California, and to provide for the maintenance, conduct and management of the same. [Approved June 6, 1913. Stats. 1913, p. 853.] Public schoolhouse created civic center. § 1. There is hereby established a civic center at each and every public schoolhouse within the state of California, where the citizens of the respective public school districts within the said state of Cali- fornia may engage in supervised recreational activities, and where they may meet and discuss, from time to time, as they may desire, any and all subjects and questions which in their judgment, may appertain to the educational, political, economic, artistic and moral interests of the citizens of the respective communities in which they may reside; pro- vided, that such use of said public schoolhouse and grounds for said meetings shall in no wise interfere with such use and occupancy of said public schoolhouse and grounds as is now, or hereafter may be required for the purposes of said public schools of the state of California. Lighting, heating, janitor service, etc. § 2. Lighting, heating, janitor service and the services of a special supervising oiEcer when needed, in connection with such use of public school buildings and grounds as set forth in section 1 of this act, shall be provided for out of the county or special school funds of the respective school districts in the same manner and by the same author- ity as such similar services are now provided for. Such use of the said schoolhouses, property and grounds shall be granted free; provided, that in case of entertainments where an admission fee is charged, a charge may be made for the use of said schoolhouses, property and grounds. Control of civic center. § 3. The management, direction and control of said civic center shall be vested in the board of trustees or board of education of the school district. Said board of trustees or board of education shall make all needful rules and regulations for conducting said civic center meetings and for such recreational activities, as are provided for in section 1 of this act; and said board of trustees or board of education may appoint a special supervising officer who shall have charge of the grounds, pre- serve order, protect the school property and do all things necessary in 122 Act 3594, §§ 1, 2 GENERAL LAWS. 1938 the capacity of a peace officer to carry out the provisions and the in- tents and purposes of this act. TITLE 456. SEWERS. ACT 3594. An act to provide for the divLi^ion of inunicij'alities into sewer districts, and for the construction of, or ac(|uisition ancl maintenance of sewers therein, providing a system of district sewer bonds to pay the cost of such construction of, or acquisition and also for the payment of such bonds. [Approved April 14, 1911. Stats. 1911, p. 904.] Municipalities may create sewer districts. § 1. Tlie Icjrjslative body of .my city, town or municipal corporation, incorporaked under the laws of tiiis state may create from time to time, as hereinafter provided, within such city, town or munifipal corporation sei)aiate sewer districts whenever in the judgment of such legislative body it may be necessary or convenient for the i)roper sanitation and drainage of such districts to construct or acquire any sewer or sewers therein, and may designate such districts by distinctive names and num- bers and may as hereinafter provided, provide for the incurring of in- debtedness to pay for the cost of the construction or acquisition of sewers in such districts. District described in resolution. Special election. Cost. Interest. § 2. Wlioncvcr the legislative body of any such city, town or munici- pal corporation shall, by resolution passed by a vote of two-thirds of all its members and approved by the executive of such municipality, deter mine that the public interest or convenience requires the construction of. or acquisition by purciiase or otherwise of a sewer or any sewers in any l>art of the territory of such municipality, said legislative body shall describe in said resolution a distrirt. naming and numbering the same as hereinabove provided, and declare said district to be the district benefited by said work or im|irovement, or acquisition of such sewer, and may, at any subsequent meeting, by ordinance passed by a vote of two-thirds of all of its members, and also approved by the said execu- tive, adopt plans and specifications for the proposed sewer work (if to be constructed), and also describe the territorial district upon which the exiM>nse of such proposed sewor work or improvement, or acquisition, shall bo chargeable, as hereinafter provided, and shall provide therein for a special election to be held in such city, town or municipal cor- poration. .\t such election there shall be submitted to the qualified electors of such city, town or municipal corporation, the proposition of incurring indebtedness for the purposes set forth in said resolution, and no question other than the incurring of the indebtedness for such pur- poses shall be submitted at such special election. Tlie ordinance call- ing such special election shall also recite the objects and purposes for 1939 SEWERS. Act 3594, §§ 3, 4 which the proposed indebtedness is to be incurred, the estimated cost of the proposed sewer work, improvement, or sewer system to be ac- quired, the amount of the principal of the indebtedness to be incurred therefor, and the rate of interest to be paid on said indebtedness, and shall fix the date on which S'.ich special election shall be held, the man- ner of holding sucli elocfion. and the manner of voting for or against the incuiring of such indebtedness. In all particulars not recited in such ordinance, such election shall be held as is provided by law for holding general municipal elections in such city, town or municipal corporation. The maximum rate of interest to be paid on such indebted- ness shall be six (6%) per centum per annum, payable semi-annually. Ordinance published. Posted in municipalities having no newspaper. § 3. Said ordinance shall be published once a day for five days, prior to the date set for such election, in some newspaper of general circu- lation designated by the legislative body of said city, town or municipal corporation, which newspaper is published once a day for at least six days a week in such municipality, or such ordinance shall be published" once a week for two weeks prior to the date set for such election, in some newspaper of general circulation designated by said legislative body, and published less than six days a week in such municipality, and one insertion thereof in such last described newspaper each week for two succeeding weeks prior to the date set for such election by the legislative body of said city, town or municipal corporation, shall be a Bullicient publication in such newspaper published less than six days a week. In municipalities where no newspaper is published, such ordi- nance shall be posted in three public places in the said sewer district for two succeeding weeks prior to the date set for such election by the legislative body of said city, town or municipal corporation. No other notice of such election need be given. It shall require the affirma- tive votes of two-thirds of all the aforesaid qualified electors of said city, town or municipal corporation voting at such special election, to authorize the incurring of said indebtedness and the issuance of bonds therefor as provided herein; provided, however, if the proposition so submitted at such election fail to receive the requisite number of votes of the aforesaid qualified electors of such city, town or municipal cor- poration, voting at such election to incur the indebtedness for the pur- pose specified, tha legislative branch of such municipality shall have no power or authority within six months after such election, to pass any ordinance calling 'another election for incurring any indebtedness for sewer work within any sewer district which has within its boundaries any of the territory 'of the district in which at said election, the requisite number of votes for the issuance of said bonds has not been cast therefor. Bonds issued in name of city. How payable. Denominations. Coupons. Officers' signatures. § nt. All bonds issued under the provisions of this act shall be issued in the name of the city, town or municipal corporation in which such Act 3594, §§ 5, 6 gen'eral laws. 1940 sewer district has been formed, and shall be payable in the following manner: A part to be determined by the legislative body of the munici- pality, which part shall not be less than the one-fortieth part of the whole amount of such indebtedness, shall be payable each and every year on a day and date, and at a place within the United States, to be fixed by the legislative body of the city, town or nii'nicipal corj)ora- tion issuing the said bonds, and designated in such bonds, together with the interest on all sums unpaid at such date, until the whole of said indebtedness shall have been paid. The bonds shall be issued in such denominations as the legislative body of the municipality may determine, exccj't that no bonds shall be of a less denomination than one hundred dollars, nor of a greater denomination than one»thousand dollars, and shall be payable on the day, and at the place fixed in such bonds, and with interest at the rate specified in such bonds, which rate shall not be in excess of six per cent per annum, and shall be payable semi-annually, and said bonds shall be signed by any officer of said city, town or municipal corpora- tion designated for that purpose by the' city council, board of trustees or other legislative body of such city, town or municipal corporation, by resolution adopted b}' a two-thirds vote of all of its members, and shall also be signed bj' the treasurer thereof, and shall be counter- signed by the clerk of such city, town or municipal corporation. The coupons of said bonds shall be numbered consecutively and signed by the treasurer. In case any of such officers whose signatures appear on the bonds or coupons shall cease to be such officer before the deliveri- of such bonds to the purchaser, such signatures or counter-signatures shall neverthe- less be valid and sufficient for all purposes, the same as if such officers had remained in office until the delivery of the bonds. Sale of bonds. § 5. The legislative body of the city, town or municipal corporation within whose territory such sewer district has been created as herein jirovidrd, may issue and sell said bonds at not less than their par value, and tlie proceeds of the sale of such bonds shall be placed in the muni- cipal treasury to the credit of the prart for that purpose, sufticient to meet all Slims coming due for the principal and interest on such bonds, a tax sutlicient to pay the annual interest on such bonds, and also such part of tiie principal thereof as shall become due before the time for fixing the next general tax levy; provided, however, that if the maturity ot the indebtedness created by the issue of said bonds or any part thereof be made to begin more than one year after the date of the issuance of such bonds, such tax shall be levied and collected at the time and in the manner aforesaid annually, each year, sufficient to pay the intt-rest on such indebtedness as it falls due. and also to constitute a sinking fund for the payment of the principal thereof, on or before the payments herein provided for, shall become due. The taxes herein required to be levied and collected shall be in addition to all other taxes levied for the municipal purposes, and shall be collected at the time, and in the manner, afi other municipal taxes are collected, and 1943 SEWERS. Act 3597 shall be used for no other purpose than the payment of the sum or sums of money due on said bonds and the accruing interest thereon. Duty of city legislative bodies to make regxilations, etc. § 8. It shall 1)0 the duty of the legislative body of every city, town or municipal corporation, wherein sewer work or improvement is being made or acquired under the provisions of this act, to make all needful rules and regulations for carrying out and maintaining such sewer work or improvement, to appoint all needful agents, superintendents and engineers to properly look after the construction and operation of such sewers; provided, that in cities, towns and municipal corporations operating under a charter heretofore or hereafter framed under section 8, of article U of the constitution of the state of California, and hav- ing a board or department of public works, all the matters and things required in this section to be done and performed by the legislative body of the municipality shall be done and performed by the board or department of public works of such city, town or municipal corporation. This act provides alternate system. Sewer defined. § 9. This act shall in nowise affect any other act by the provisions of which sewer work or imjirovement may be done within or by any city, town or municipal corporation, but it is intended to and does provide an alternate system of proceedings for sewer work and improvements, and it shall be within the discretionary powers of the legislative body of any city, town or municipal corporation to proceed in making such im- provements either under the provisions of this act, or under the provi- sions of any other act. But when any proceedings are commenced under this act the provisions of this act and such amendments thereto as may hereafter be adopted, shall thereafter apply to all work done under such proceedings until the completion thereof. If, after certain sewer work or improvement has been done or sewers acquired under provisions of this act, the legislative body of any city, town or municipal corporation shall deem it necessary or convenient to construct or acquire any additional sewer or sewers, it shall be within the discretionary powers of the legis- lative body of any city, town or municipal corporation to proceed in making such improvement either under the provisions of this act or under the provisions of any other act relative thereto. But any provi- sions contained in any other acts in conflict with the provisions hereof shall be void as to, and of no effect upon, proceedings commenced under the provisions of this act, except as herein provided. The word "sewer," as used in this act, shall be deemed to, and is hereby declared to, include sewers for sanitary or drainage purposes, drains or conduits for surface or storm waters, and the outlets therefor. § 10. This act shall take effect immediately. ACT 3597. . Citations. Cal. 158/4G1. Act 3598, §§ 1, 2 GENERAL LAWS. 1944 ACT 3598. An art to authorijce the legislative body of a municipality to CTeate sewer districts within its boundaries, provide a system of sewer bonds for the construction of sewers therein, and to provide for the payment of said bonds. [Approved February 13, 1911. Stats. 1911, p. 40.] Unconstitutional: Brookes ▼. City of Oakland, 160 Cal. 423. Sewer districts. § 1. The legislative body of any city, tx)wn or municipal corporation, incorporated under the laws of this state may create from time to timf. as hereinafter provided, within such city, town or municipal corporation, separate sewer districts whenever in the judgment of such legislative body it may be necessary or convenient for the proper sanitation and drainage of such districts to construct any sewer or sewers therein, and may designate such districts by distinctive names and numbers and may as hereinafter provided, provide for the incurring of indebtedness to pay for the cost of tlie construction of sewers in such districts. Two-thirds vote of city board. Elections. § 2. Whenever tlie legislative body of any such city, town or munici- pal corporation, shall, by resolution passed (by a vote) of two thinls of ail its members and approved by the executive of such municipality, de- termine tiiat the i>ublic interest or convenience requires the construetion of a sewer or any sewers in any part of the territory of such municipality, said legislative body shall describe in said resolution a district, naming and numbering the same as hereinabove provier of general circulation designated by said legislative body, and published less than six days a week in such municipality, and one inser- tion thereof in such last described newspaper each week for two succeed- ing weeks prior to the date set for such election by the legislative body of said city, town or municipal corporation, shall be a sufficient publica- tion in such newspaper published less than six days a week. In municipalities where no such newspaper is published, such ordi- nance shall be posted in three public places in the said sewer district for two succeeding weeks prior to the date set for such election by the legislative body of said city, town or municipal corporation. No other notice of such election need be given. It shall require the affirmative votes of two-thirds of all the aforesaid qualified electors of said sewer district voting at such special election, to authorize the incurring of said indebtedness and the issuance of bonds therefor as provided herein; provided, however, if the proposition so submitted at such election fail to receive the requisite number of votes of the aforesaid qualified electors of such sewer district, voting at such election to incur the indebtedness for the purpose specified, the legislative branch of such municipality shall have no power or authority within six months after such election, to pass any ordinance calling another election for incurring any indebtedness for sewer work within any sewer district which has within its boundaries any of the territory of the district in which, at said election, the requisite number of votes for the issuance of said bonds has not been cast there- for. Bonds issued in name of city. How payable. Denominations. By whom signed. Coupons. OflBcer ceasing to be officer. § 4. All bonds issued under the provisions of this act shall be issued in the name of the city, town or municipal corporation in which such sewer district has been formed, and shall be payable in the following manner; a part to be determined by the legislative body of the munici- pality, which part shall not be less than the one-fortieth part of the whole kmoiint of such indebtedness, shall be payable each and every year on a day and date, and at a place within the United States, to be fixed by the legislative body of the city, town or municipal corporation issuing Act 3598, §§ 5, 6 general laws, 1946 the said bomls, and designated in such bonds, together with the interest on all sums unpaid at such date, until the whole of said indebtedness shall have been paid. The bonds shall be issued in such denominations as the legi!?lati%'e body of the municijiality may determine, except that no bonds shall be of a less denomination than one hundred dollars, nor of a greater denomina- tion than one thousand dollars, and shall be payable on the day, and at the place, fixed in such bonds, and with interest at the rate specified in such bonds, which rate shall not be in excess of six per cent per annum, and shall be payable semi-annually, and said bonds shall be signed by any officer of said city, town or municipal corporation designated for that jairpose by the city council, board of trustees or other legislative body of such city, town or municipal corporation, by resolution adopted by two-thirds vote of all its members, and shall also be signed by the treas- urer thereof, and shall be countersigned by the clerk of such city, town or municipal corporation. The coupons of said bonds shall be numbered consecutively and signed by the treasurer. In case any of such ofHcers whose signatures appear on the bonds or eoufjons shall cease to be such ofliccr before the delivery of such bonds to the purchaser, siu-h signatures or countersignatures shall nevertheless be valid and sufficient for all purposes, the same as if such olTuers had remaiaed in office until the delivery of the bonds. Sale of bonds. § 5. The legislative body of the city, town or municipal corporation within whose territory such sewer district has been created as herein provided, may issue and sell said bonds at not less than their par value. and the proceeds of the sales of such bomls shall be placed in the munici ji.'il treasury to the credit of the proper sewer district fund and shall be ajiplied exclusively to the juirposes and obi.' t< nuMif i.iiii.l in flu- said ordinance. Calling for bids. Beginning work. City may construct. Cities under charter. § 6. Before the legi.>;lative body of sui-h city, town or municipal cor- poration shall award the contract for doing any sewer work or improve- ment, the expense of which is to be paid out of tlie proceeds of sales of the bomls issued in accordance with the provisions of this act, said legis- lative body of said city, town or municipal corporation, shall cause notice witli specifications to be posted conspicuously for five days on or near the chamber door of said legislative body, inviting sealed proposals or bids for doing said sewer work or improvement, and shall also cause notice of said work inviting said proposals and referring to the specifica- tions jKisted or on file, to be jniblished for two consecutive insertions in a daily, semi-weekly, or weekly newspaper, published and circulated in said city, town or municipal corporation, designated by said legislative body for that purpose, and in case tlu>re is no newspaper published in 1947 SEWERS. Act 3598, § 6 said city, town or municipal corporation, then it shall only be posted as hereinbefore provided. All proposals or bids offered shall be accom- panied by a cheek, payable to the order of the executive officer of said city, town or nuinicipal corporation, certified by a responsible bank for an amount which shall bo not less than ten (10%) per cent of the aggre- gate of the proposal, or by a bond for the said amount, and so payable, signed by the bidder and by two sureties who shall justify before an officer competent to administer an oath, in double such amount, and over and above all statutory exemptions. Said proposals or bids shall be delivered to the clerk of said legislative body and said legislative body shall in open session examine and publicly declare the same. Said legis- lative body may reject any or all projtosals or bids should it deem this for the public good, and shall reject all {)roposals or bids other than the lowest proposal or bid of any responsible bidder, and may award the contract for said work or improvement to the lowest responsible bidder at the price named in his bid, which award shall be approved by the executive officer of said city, town or municipal corporation, or a three- fourths vote of the legislative body of said city, town or municipal cor- poration. If not approved by said executive officer or a three-fourths vote of said legislative body, without further proceedings the said legis- lative body may readvertise for proposals or bids for the performance of the work as in the first instance, and thereafter proceed in the manner in this section provided, and shall thereupon return to the proper parties the respective checks and bonds corresponding to the bid so rejected. But the checks accompanying such accepted proposals or bids shall be held by the clerk of said city, town or municipal corporation, until the contract for doing said work has been entered into by said lowest bidder. But if said bidder fails, neglects or refuses to enter into the contract to perform said work within ten days after said contract shall have been awarded, then the certified check accompanying his bid and the amount therein mentioned shall be declared to be forfeited to said city, town or municipal corporation. The said legislative body shall have the right to require such bonds as they may deem adequate from the bidder to whom the contract for said work or improvement is awarded, to insure the faithful performance of said contract. Such officer of said city, town or municipal corporation as the legislative body thereof shall designate, is authorized, in his official capacity, to make all written contracts and to receive all bonds authorized by this act, and is authorized to fix the time for the commencement, which shall not be more than fifteen days from the date of the contract, and for the completion of the work under all contracts entered into by him, which work shall be prosecuted with dili- gence from day to day" until completion, and he may extend the time so fixed from time to Hme under the direction of said legislative body of said city, town or municipal corporation; provided, however, that nothing herein contained shall be construed as prohibiting such city, town or municipal corporation itself from constructing or completing Act 3598, §§ 7, 8 general laws. 1948 such sewer or improvement, and buying the material, and employing the labor necessary therefor. And provided, further, that in cities, towns and municipal corpora- tions ojierating under a cliarter heretofore or hereafter framed under section 8, article 11 of the con.stitution of the state of California, and providinfj for a board or department of public works, all the things required in this 8 begin more than one year after the date of the issuance of such bonds, such tax shall be levied and collected at the time and in the manner aforesaid, annually, each year, sullicient to jiay the interest on such in- debtedness as it falls due, and also to constitute a sinking fund for the [layment of the principal thereof, on or before the payments herein pro- vided for, shall become due. The taxes herein required to be levied and collected, shall be in addi- tion to all other taxes levied for municipal purposes, and shall be col- lected at the time, and in the manner, as other municipal taxes are col- lected, and shall be used for no other purpose than the payment of the sum or sums of money duo on said bonds anil the accruing interest thereon, and it is hereby expressly provided that the city, town or munici- pal corporation issuing bonds for the purposes and in the manner pro- vided in this act shall not in any event whatsoever be liable for the payment of the said bonds so issued ui.der the provisions of this act, nor any part thereof. Rules. § 8. Tt shall be the duty of the legiplitive body of every city, town or municipal corp«iration, wherein sewer work or improvement is being 1949 BEWERS. Act 3598, §§9-12 made under the provisions of this act, to make all needful rules and regulations for carrying out and maintaining such sewer work or im- provement, to appoint all needful agents, superintendents and engineers to properly look after the construction and operation of such sewers; provided, tliat in cities, towns and municipal corporations operating under a charter iieretofore or hereafter framed under section 8 of article 11 of the constitution of tlie state of California, and having a board or department of public works, all the matters and things required in this section to be done and performed by the legislative body of the munici- pality shall bo done and performed by the board or department of public works of such city, town or municipal corporation. Treasurer to give bond. § 9. Whenever the legislative branch of any municipality shall, by resolution, deem it necessary, they may require the treasurer of such municipality to give additional bonds for the safe custody and care of the funds received by him pursuant to the provisions of this act. This act does not affect other acts. § 10. This act shall in nowise affect any other act by the provisions of which sewer work or improvement may be done within or by any city, town or municipal corporation, but is intended to and does provide an alternate system of proceedings for sewer work or improvements, and it shall be within the discretionary powers of the legislative body of any city, town or municipal corporation to proceed in making such im- provements either under the provisions of this act or under the provisions of any other act. But when any proceedings are commenced under this act, the provisions of this act and such amendments thereto as may here- after be adopted shall thereafter apply to all work done under such proceedings until the completion thereof. If, after certaia sewer work or improvement has been done under the provisions of this act, the legislative body of any city, town or municipal corporation shall deem it necessary or convenient to construct any additional sewer or sewers, it shall be within the discretionary powers of the legislative body of any such city, town or municipal corporation to proceed in making such im- provement either under the provisions of this act or under the provisions of any other act relative thereto. But any provision contained in any other acts in conflict with provisions hereof shall be void as to, and of no effect upon, proceedings commenced under the provisions of this act, except as herein provided. Definition: "Sewer." § 11. The word "sewer" as used in this act shall be deemed to, and is hereby declared to, include sewers for sanitary or drainage purposes, drains or conduits for surface or storm waters, and the outlets therefor. § 12. This act shall take effect immediately. Acts 3620-3670 general laws. 1950 TITLE 459. SHEEP. ACT 3620. An act to create the offire of sheep inspector for the state of Cilifornia, to provide for tho appointment, and to define the powers and duties of said officer and his deputies, and their compensation, and provid- ing for the prosecution of ofifenses under the same, and to suppress and prevent dissemination of scab among sheep. [Approved March 24, 1!)():{. Stats. 1903, p. 372.] Repealed March 7, 1911 (Statt. 1911, p. 294), ACT 3622. An act |)roviding for the inspection of sheep, the appointment of a boarcl of sheep commissioners and for the appointment of in- spectors, prescribing their powers and duties, fixing their compensa- tion, and providing for the raising of funds to pay the same, and providing penalties for the violation hereof. [Approved March 23, 1907. Stats. 1907, p. 905.] Repealed March 7, 1911 (Stats. 1911, p. 294). TITLE 466a. SMELTEBS. ACT 3670. An act providing for the investigation bv the state veterinarian, the secretary of tlic state board of health and the state commissioner of horticulture of injury to animal life and vegetation in r'aljfor- nia, caused by smelter wastes, and making an appropriation there- for. [Approved .Tune 16, 1913. Stats. 1913, p. 1147.] Investigation of damage caused by smelters. § 1. The state veterinarian, the sci-rctary of the state board of health and the state commissioner of horticulture, said oflRcers now existing under the laws of this state, are hereby directed and empowered to cause to be prosecuted with all possible diligence an investigation of the injury, as well as the extent thereof, to animal life and vegeta- tion in the stale of California caused by smelter wastes that emanate from establishments or smelting plants where metal is extracted from ores. Report. § 2. The said state veterinarian, the secretary of the state board of he.ilth and the state commissioner of hortiiulture shall, upon contple- tion of such investigation, make a rejiort in writing to the governor of the state of California giving in full all the facts and circumst.inres ascertained in such investigation, and if as a result of such investiga- 1951 SOLDIERS AND SAILORS. Act 3693, §§ 1, 2 tion it shall be ascertained that the wastes from any such establish- ment or smelting plant are causing serious injury to animal life or vegetation, it shall be the duty of the governor to notify the attorney general of this state of the facts and circumstances therewith, and thereafter it shall be the duty of the said attorney general to bring an action in the name of the people of the state of California against the person or persons, company or corporation owning or in control of such establishment or smelting plant to discontinue the discharge of wastes that are harmful to animal life or vegetation. Appropriation. § 3. The sum of five thousand ($5,000) dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated to be px[)onded by the said state veterinarian, the secretary of the state board of health and state commissioner of horticulture in carrying out the purposes of this act and the state controller is hereby authorized and directed to draw his warrants from time to time to the full amount of this appropriation, in favor of the person or persons authorized by law to receive the same, and the state treasurer is hereby directed to pay the same. TITLE 469. SOLDIERS AND SAILORS. ACT 3693. To provide for the burial of ex-Union soldiers, sailors, and marines dying without leaving sufficient means to defray burial expenses. [Stats. 1889, p. 198.] Amended 1901, p. 596; 1911, p. 479; 1913, p. 330. The amendments of 1911 and 1913 are as follows: Soldiers, sailors and marines may be buried at county expense. § 1. It shall be the duty of the board of supervisors of each county in this state to designate a proper person in the county, whose duty it shall be to cause to be decently interred the body of any honorably dis- charged soldier, sailor or marine, who shall have served in the army or navy of the United States, or the widow of any such honorably dis- charged soldier, sailor or marine who maj' hereafter die without having sufficient means to defray funeral expenses. Such burial shall not be made in any cemetery or burial ground, or any portion of such cemetery or burial ground, used exclusively for the burial of the pauper dead. The expenses of each burial shall not exceed the sum of seventy-five dollars ($75). [Amendment approved March 24, 1911; Stats. 1911, p. 479.] A county chaxge. § 2. The expenses of such burial shall be paid by the county m which said soldier, sailor or marine, or the widow of any such honorably Act 3693, §§ 3, 4 general laws. 19. "32 discharged soldier, sailor or marine, dies; but if snch deceased person has a residence in any other county in this state than the one paying the expenses, the county wherein said soldier, sailor or marine, or the widow of such soldier, sailor or marine shall have resided, shall refund the money advanced by the county where such person died. Expenses of such burial shall be audited and paid as other accounts are audited and paid by the county; provided, that this act shall noit apply to siuli soldiers, sailors or marines whe may hereafter die in the national or state soldiers' home in this state. [Amendment approved March 24. 1011; Rtats. 1011, p. 470.] Duty of person appointed. § 3. It shall be the duty of the person appointed, as provided i'l section 1 of this act, before he assumes the charge and expenses of any such burial, to first satisfy himself, by a careful inquiry into and exam ination of all the circumstances in the case, that the family of such deceased soldier, sailor or marine, if said person had any at the time of his decease residing in such county, is unable for want of means to defray the expenses of such burial or funeral; and if he finds such inability to exist he shall cause such deceased soldier, sailor or marine, ar the widow^of such soldier, sailor or marine, to be buried as provided in this act, and he shall immediately report his action to the clerk of the board of supervisors of the county, stating forthwith, all the facts, and that he found tlie family of sucli deceased person, if he had any. in indigent circumstances, and unable to pay the expenses of 8U( ). funeral or burial, together with the name, rank, and command to which ho belonged as such soldier, sailor, or marine, the date of his death, place whore buried, and his occupation while living, and also an itemized statement of the expenses incurred bv reason of snch burial. [Amend mont aj. proved March 24, 1911; Stats'. 1911, p. 480.] Record of deceased soldiers. Headstones. § 4. It shall be the duty of the cUrk of the board of supervisors, upon receiving the report and statement of expenses provided for in this act, to transcribe in a book kept for that purpose, all the facts contained in such report respecting such deceased soldier, sailor, or marine, or the widow of such soldier, sailor or marine. It shall also he the duty of said clerk, upon the death and burial of any such soldier, sailor or marine, to make application to the proper authorities under the government of the United States, for a suitable headstone, as pro- vided by act of Congress, and to cause the same to be placed at the head of such soldier, sailor, or marine's grave, the expenses of which shall not exceed the sum of five dollars for cartage and properly setting each stone, and it shall be the duty of the board of supervisors to per- petually thereafter suitably and properly maintain each of said graves. The expenses thus incurred shall be audited and paid as provided in section 2 of this act for burial expenses. [Amendment approved M.sv 28, 1913; Stats. 1913, p. 330.] Also amended March ■J4. 1911 (Stats. 1911. p. 480). 1053 SONOMA CITY. Acts 3705, 3706 To receive no compensation. § 5. Tlie person appointed as provided in section 1 of this act shall not receive any coniponsation for any duties he may perform in compli- ance with this act, [Amendment approved March 24, 1911; Stats. 1911, p. 480.] TITLE 470. SONOMA CITY. ACT 3705. An act appropriating two thousand dollars for the completing of the restoration and rebuilding of tlie Mission San Francisco de Solano of the city of Sonoma, (Jalifornia. [Approved June 6, 1913. Stats. 191.3, p. 896.] Appropriation: Completing restoration, Mission San Francisco de Solano. § 1. There is hereby appropriated out of any funds of the state available therefor, the sum of two thousand dollars for the completing of the restoration and rebuilding of the Mission San Francisco de Solano at the city of Sonoma, California, the said money to be expended under the direction of the state engineering department in accordance with the provisions of an act entitled "An act to regulate contracts on be- half of the state in relation to the erection, construction, alteration, repair or improvement of any state structure, building, road or other state improvement of any kind, approved March 22, 1909." ACT 3706. An act appropriating the sura of five thousand dollars for the erection of a monument to commemorate the raising of the bear flag in the city of Sonoma. [Approved June 16, 1913. Stats. 1913, p. 116.5.] Appropriation: Bear flag monument. § 1. The sum of five thousand dollars is hereby appropriated out of any funds in the state treasury not otherwise appropriated for the pur- pose of erecting a monument to commemorate the raising the bear flag on the spot where the flag was raised in the city of Sonoma, said sum to be expended by the bear flag monument committee of Sonoma Parlor No. Ill, Native Sons of the Golden West, under the supervision of the landmarks committee of the grand parlor. Native Sons of the Golden West, the state engineering department and state board of control. 123 Acts 3730, 3741 GENERAL LAWS. 1954 TITLE 472a. SOXOMA STATE HOME. [Formerly California Home for the Care of Feeble-minded Children at Eldridge.] ACT 3730. An act apy>ropriating nineteen thousand dollars therefor, and authorizing and direrting the construction and furnishing of a nursery for males, at the Sc/noma State Home, at Eldridge, Sonoma county, California. [Approved June 7, 1913. Stats. 1913, p. 875.] Appropriation: Nursery for males, Sonoma State Home. § 1. Tli(>rc is horel)y appropriiittii out of anv fiiii'ls of the state avail- able therefor the sum of nineteen thousand dollars to be used, paid out and expended in accordance with law, for the purpose of constructing and furnishing a nursery building for males, at the Sonoma State Home, at Eldridge, Sonoma county, Talifornia, and the construction and furnish- ing of said building are hereby authorized and directed. Not more than seventeen thousand five hundred dollars, thereof, shall be expended for the construction of said nursery, and not more than one thousand five hundred dollars thereof shall be expended for the furnishing thereof. TITLE 474a. SOUTH SAX FRANCISCO. ACT 3741. An act granting to the city of South San Francisco the salt marsh, tide and submerged lands of the state of California, including the right to wharf out therefrom to the city of South San Francisco and regulating the management, use and control thereof. [Approved .Tune 11. 191.1. Stats. 1913, p. 701.] Tide lands granted to. Conditions of grant. Franchises for wharves, etc. Persons in possession. Bight of state to use wharves. Right to fish. § 1. There is hereby granted to the city of South San l-Yancisco, a municipal corporation of the state of California, and to its successors, all the right, title and interest of the state of California, held by said state by virtue of its sovereignty, in and to all the salt marsh, tide and submerged lands, whether filled or unfilled, within the present boundaries of said city, and situated below the line of mean high tide of the Pacific ocean, or of any harbor, estuary, bay or inlet within said bound- aries, to be forever held by said city, and by its successors, in trust for the uses and purposes, and upon the express conditions following, to wit; That said lands shall be used by said city and its successors, solely for the establishment, improvement and conduct of a harbor, and for tlie construction, maintenance and operation thereon of wharves, docks, 1955 SOUTH SAN FRANCISCO. Act 3741, § 1 piers, slii>s, quays, and other utilities, structures and appliances neces- sary or convenient for the promotion and accommodation of commerce and navigation and said city or its successors, shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any in- dividual, firm or corporation for any purpose whatever; provided, that said city, or its successors, may grant franchises thereon, for limited periods, for wharves and other public uses and purposes, and may lease said lands, or any part thereof, for limited periods for purposes con- sistent with the trusts upon which said lands are held by the state of California and with the requirements of commerce or navigation at said harbor, for a term not exceeding twenty-five years, and on such other terms and conditions as said city may determine, including a right to renew such lease or leases for a further term not exceeding twenty-five years or to terminate the same on such terms, reservations and conditions as may be stipulated in such lease or leases, and said lease or leases may bo for any and all purposes which shall not interfere with navigation or commerce, with reversion to the said city, on the termination of such lease or leases of any and all improvements thereon, and on such other terms and conditions as the said city may determine, but for no purpose which will interfere with navigation or commerce; subject also to a reservation in all such leases or such wharfing out privileges of a street, or of such other reservation as the said city may determine for sewer outlets, and for gas and oil mains, and for hydrants, and for electric cables and wires, and for such other conduits for muni- cipal purpcses, and for such public and muni(*ipal purposes and uses as may be deemed necessary by the said city; provided, however, that each person, firm or corporation or their heirs, successors or assigns now in possession of land or lands abutting on said lands, within the boundaries of the city O'f South San Francisco, shall have the right to obtain a lease for a term of twenty-five years from said city of said land and wharfing out privileges therefrom with a right of renewal for a further term of twenty-five years pursuant to the provisions of this act and on such terms and conditions as said city may determine and specify, subject to the right of said city to terminate said lease at the end of the first twenty-five years or refuse to renew the same, or to terminate the lease so renewed during the term of such renewed lease on such just and reasonable terms for compensation for improve- ments at the then value of said improvements as said city may deter- mine and specify. Upon obtaining such lease and wharfing out privileges such person, firm or corporation, their heirs or assigns, shall quitclaim to said city any right they or any of them may claim or have to the said lands" hereby granted'. This "grant shall carry the right to such city of the rents, issues and profits in any manner hereafter arising from the lands or wharfing out privileges hereby granted. The state of California shall have, at all times, the right to use, without charge, all wharves, docks, piers, slips, quays and other improvements con- structed on said lands or any part thereof, for any vessel or other water Act 3750, § 1 GENERAL LAWS. 1956 craft, or railroad, owned or operated by the state of California. No discrimination in rates, tolls or charges or in facilities for any use or service in connection therewith shall ever be made, authorized or per- mitted by said city or its successors in the management, conduct or ofieration of any of the utilities, structures or appliances mentioned in this section. There is hereby reserved in the people of the state of California the right to fish in the waters on which said lands may front with the right of convenient access to said waters over said lands for said purpose. Must expend two hundred and fifty thousand dollars within five years. Lands may revert to state. § 2. The foregoing conveyance is made upon the condition that the city of Suuth Sitn Francisco shall, within five years from the ai)proval of this act, exclusive of such time as said city may be restrained from so doing by injunction issued out of any court of this state or of the United States, and exclusive of such further delay as may be caused b}' unavoidable misfortune or great public or municipal calamity, issue its bonds for harbor improvement purposes in an amount of money of not less than two hundred and fifty thousand dollars, and shall, within five years after the approval of this act, exclusive of the time in this section hereinbefore mentioned, commence the work of such harbor im- provement, and the said work and improvement shall be prosecuted with such diligence that not less than two hundred and fifty thousand dollars shall be exjiende^l thereon within five years from the approval of this act exclusive of the time in this section hereinbefore mentioned. If said bonds be not issued or said work be not prosecuted and com- pleted as and in the manner herein provided, then the lands by this act conveyed to the city of South San Francisco shall revert to the state of California. TITLE 476. ST.\L LIONS. ACT 3750. Au act to regulate the public service of stallions and jacks in the state of California. [Approved May 1, 1911. Stats. 1911, p. 1306.] Jacks and stallions for public service to be registered. § 1. Kvi'iy association, person, firm or corporation standing; or ofTer- ing any stallion or jack for public service in this state shall cause the name, description, and pedigree of such stallion or jack to be enrolled Viy a stallion registration board hereinafter provided for, and secure a license from said board, as provided in section 3 of this act. All enroll- ment and verification of pedigree shall be done in the office of the secre- tary of the California state board of agriculture. .\11 license certificates for stallions or jacks issued under this act shall thereupon be presented 1957 STALLIONS, Act 3750, §§2-4 to and recorclpd by the county recorder of the county or counties in which said stallion or jack is used for public service. Stallion registration board. Meetings. Members. § 2. Tn order to carry out the piovisions of this act, there shall be constituted a stallion registration board, wiioso duty it shall be to verify and register pedigrees; to pass upon certificates of veterinary examina- tion; to provide, when necessary, for veterinary inspection; to issue stallion or jack license certificates; to make all necessary rules and regulations; and to perform such other duties as may be necessary to carry out and enforce the provisions of this act. Said board shall hold meetings at the office of the secretary of the California state board of agriculture the first Tuesday and subsequent days of February, May, August and November of each year, and sucTi other meetings as may be necessary. Said stallion registration board shall be composed of three members, consisting of the president and the secretary of the California state board of agriculture and the state veterinarian. Stallion must be free from disease, etc. § 3. In order to obtain the license certificate herein provided for, the owner of each stallion or jack shall forward an aflSdavit signed by a licensed veterinarian to the effect that he has personally examined such stallion or jack, and that, to the best of his knowledge and belief, said stallion or jack is free from hereditary, infectious, contagious, or trans- missible disease or unsoundness. The owner of said stallion or jack shall also furnish to the stallion registration board the studbook certificate of registry of the pedigree of the said stallion or jack when said stallion or jack is registered, and all other necessary papers relative to his breeding and ownership. Upon verification of pedigree and certificate of breeding (in case of pure-bred stallions and jacks), and receipt of veter- inarian's affidavit, as provided for in this act, a license certificate shall be issued to the owner. Diseases which disqualify. § i. The presence of any one of the following named diseases shall disqualify a stallion or jack for public service, and the examining or inspecting veterinarian is hereby duly authorized to refuse to give an affidavit of soundness to the owner of such stallions or jacks affected with any one or more of the diseases herein specified in a transmissible or hereditary form, and the examining or inspecting veterinarian shall so report the same to the secretary of the stallion registration board. Laryngeal hemiplegia, (roaring or whistling) ; pulmonary emphysema, (heaves, broken wind); chorea, (St. Vitus' dance, crampiness, shivering, stringhalt); bone spavin; ring-bone; sidebone; navicular disease; osteop- orosis; curb, when accompanied with faulty conformation of hock; glanders, farcy; maladie du coit; urethral gleet; mange; or any con- tagious or infectious disease, and the said board is hereby authorized to refuse its certificate of enrollment for any stallion or jack affected Act 3750, § § 5-7 general laws. 1958 with any one of the diseases hereinabove mentioned and to revoke the previoui-ly issued enrollment certificate of any stallion or jack found on subsequent examination and investigation to be so affected. Eecords. Temporary certificates. § 5. The stallion registration board shall make and keep records of all stallions and jacks enrolled in the state of California; saiires on , 19 — . (Signed) , Secretary California Stallion Registration Board. Dated this , 19 — , at Sacramento, Cal. The license certificate issued for a grade stallion or jack, whose sire or dam is not pure bred, shall be in the following form: California Stallion Registration Board. Certificate of grade stallion or jack. No. . The pedigree of the stallion or jack (name) . Owned by . Bred by . Described as follows: Color . Foaled in the year , has been duly examined, and it is hereby certified that the said stallion or jack is not of pure breeding, and is, therefore, not eligible for registration in any studbook recognized and certified to by the secretary of the department of agriculture, Wash- ington, D. C. The above-named stallion has been examined by , veterinarian, and is reported as free from infectious, contagious, or trans missible disease or unsoundness, and is licensed to stand for public Bervice in the state of California. This license expires on , 19 — . (Signed) , Secretary California Stallion Registration Board. Dated this , 19 — , at Sacramento, Cal. The license certificate issued for a stallion whose sire and dam are pure bred, but not of the same breed, shall be in the following form: California Stallion Registration Board. Certificate of crossbred stallion. No. . The pedigree of the stallion (name) . Owned by . Bred by . Described as follows: Color . Foaled in the year , has been duly examined, and it is found that his sire is registered in the studbook as number , volume , at page , and his dam in the studbook as number , volume and page . Such being the case, the said stallion is not eligible for registration in any studbook recognized and certified to by the secretary of the depart- Act 3750, §7 GENERAL LAWS. 19G0 ment of agriculture, Washington, D. C. The above-named stallion has heon examinc'l by , veterinarian, and is reported as free from infec- tious, contagious or transmissible disease or unsoundness, and is licensed to stand for [lubiic service in the state of California. This license expires on , 19 — . (Signed) , Secretary r'alifornia Stallion Registration Board. Dated this , 19 — , at Sricramento, Cal. The liccuse certificate issued for a nonstandard bred stallion, shall be in the following form: California Stallion Kc;_'istratipropriated out of any money in the state treasury not otherwise appropriated the sum of six hundred dollars for the purpose of employing for the extra session of the thirty-ninth legis- lature during the month of December, 1911, one extra engineer at a juouthly salary of one hundred and fifty dollars, one extra electrician at a monthly salary of one hundred and fifty dollars, two extra elevator attendantJi at a nionthly salary of ninety dollars each, two extra tele- phone operators at a nionthly salary of sixty dollars each, the money hereby a|)propriated and the help hereby authorized to be employed being necessary for aud incidental to the said extra session of said legislature. 1969 STATE ENGINEERING. Act 3812 § 2. The Buperintendeut of eapitol building and grounds is hereby authorized to cni])loy said extra employees for December, 1911, and the controller is hereby directed to draw his warrant for the money herein appropriated and tlie treasurer is hereby directed to pay the same. § 3. This act shall take efl'ect immediately. TITLE 483. STATE EiXGINEERING. ACT 3812. An act to create for the state of California a department of engineer- ing, to proviile for the appointment of the officers and employees thereof, defining its powers and j)rescribing the duties of said de- partment, its officers and employees, to provide the compensation of such officers and employees, to make an appropriation for the sal- aries and other expenses for the remainder of the fifty-eighth fiscal year and making certain acts a felony and repealing an act entitled, "An act creating a commissioner of public works, defining his duties and powers and fixing his compensation," approved February 9, 1900, and all acts or parts of acts amendatory thereof; also repealing an act entitled, "An act to create a department of highways for the state of California, to define its duties and powers, to provide for tlie appointment of officers and employees thereof, and to provide for the compensation of said officers and employees, and for the additional expenses of said department, and to make an appropria- tion therefor for the remainder of the forty-eighth fiscal year," ap- proved April 1. 1897; also repealing an act entitled "An act providing for the appointment of an auditing board to the commissioner of pub- lic works, authorizing and directing him and them to perform certain duties relating to drainage, to purchase machinery, tools, dredges, and appliances therefor, to improve and rectify water channels, to erect works necessary and incident to said drainage, to condemn land and property for the purposes aforesaid, making certain acts a felony, and making an appropriation of money for the purposes of this act," approved March 17, 1897, and all acts or parts of acts amendatory thereof; also repealing an act entitled "An act to pro- vide for the appointment, duties and compensation of a debris com- missioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," ap- proved March 24, 1893, and all acts or parts of acts amendatory thereof; also repealing an act entitled "An act to create the office of Lake Tahoe wagon road commissioner, providing the term of office and compensation of such commissioner, defining his duties, and mak- ing an appropriation for the salary and expenditures provided for 124 Act 3812, §§1-3 GENTERAL LAWS. 1970 and authorized by this act." approved April 1, 1897, and all acts or parts of acts amendatory thereof. [Approved March 11, 1907. Stats. 1907, p. 215.] Amended 1909, p. 558; 1911, p. 823. The amendments of 1911 are as follows: Department of engineering. Advisory board. § 1. A department of aii-1 for the state of California to be known as the department of engineering is hereby created, to consist of an ad- visory board composed of the governor as ex-oflRcio member and chair- man of said board, and a state engineer who shall be the chief executive officer of the department, the general superintendent of state hospitals, the chairman of the state board of harbor commissioners of San Fran- cisco, and three other members to be appointed by the governor, which said three appointive members shall hereafter in this act be designated as the ajijiointed members of said advisory board. The said department, its officers and employees, shall have and exerrise the, powers and duties hereinafter set forth and specifieort to the advisory board on all matters relating to irrigation, dniinage and river improvement together with their conclusions thereon, and may ren- der a report to the advisorv board ujkju all plans for river improvenienta. lAniendnient approved Ap'ril S, 1011; Stats. 1911. p. S'Jl).] Head of department. § 2. Upon this net becoming effective the governor shall appoint a competent civil engineer as the head of the department of engineering. and such person shall be known as the state engineer. The state engi- neer sliall devote his entire time to the services of the state and shall not actively engage in any other pursuit while serving as such state official. He shall have charge of all the engineering and structural work of the department and may receive by and through the approval of the ad- visory board such special assistance of a technical character beyond the emjiloyees hereinafter specified as they shall allow for the proper con- duct of the business of the department, [.\mcndnient approved .\pril 8, 1911; Stats. 1911, p. S26.] Hold office at pleasure of governor. § 3. Tlie state engineer ami tlie appoirted members of said advisory board shall hold office at the will and pleasure of the governor. Imnie- 1971 STATE ENGINEERING. Act 3812, §§ Cn\, 7 diatoly after qualifying, the advisory board shall meet and organize and shall adopt a seal for the authentication of its acts and records. [Amendment approved April 8, 1911; Stats. 1911, p. 826.] HighvT-ay engineer. § 6a. The department of engineering by and through the chairman of said ailvisory board shall have the power to appoint one engineer who shall be particularly skilled and qualified by experience in highway con- Btruction and who shall be de.signatcd highway engineer, and such assistant engineers, designers, draftsmen, clerks, stenographers, and such other technical assistants and help as the advisory board may, in its judgment, deem necessary and said advisory board shall fix their salaries and compensation and prescribe their duties. [New section approved April 8, 1911; Stats. 1911, p. 826.] Meetings, powers, etc., of advisory board. § 7. The advisory board shall meet at such times as the work of the department may require and shall meet at least once in two months. Said board shall advise with the state engineer, highway engineer or state architect as necessity requires and may advise with the boards of managers or trustees of the various state institutions requiring engi- neering or structural work, and with any state commission regarding all •works wherein such commission may be interested. The advisory board shall api>rove all plans and specifications for all public work and shall determine the kind, quality and extent of all public work of the state. All boards of managers, trustees and state commissions of state institu- tions shall apply to the department of engineering for plans and speci- fications for all public work coming under their charge, and before accepting any such work done under contract shall have a certificate from the state engineer who shall examine and certify to its completion. All public work coming under the full control of the department of engineering may ui>on the discretion of the advisory board be eithen contracted for or done by day's labor. The advisory board shall have the power, on the approval of plans and specifications by the state engi- neer, to direct whether any building or structure at any state institution shall be let by contract in part or in whole, or whether said building or structure shall be built by day's labor in part or in whole, but after approval of the plans, specifications and estimates by the advisory board of the department of engineering, if, in the opinion of such department of engineering, the acceptance of any bid or bids shall not be for the best interests of the state, or if in the opinion of such department of engineering the acceptance of any further bids after the rejection of all bids submitted shall not be for the best interests of the state, it may be legal for them to direct that the work or improvement of any state building, road or any other improvement be done upon a day's labor basis. Whenever any public work to be done by the state except work on property of the state on the waterfront of the city and county of San Francisco, \inder the jurisdiction of the board of state harbor comniis- Act 3812, § 9 GENERAL LAWS. 1972 sioners is placed upon a day's labor basis, it is especially exempted from any law on or relating to contracts of the state. The full control of siif li day's labor work is placed under the department of engineering and KJiid dejiartmpnt shall do all things necessary to properly carry out the work. Whon such work is so placed upon a day's labor basis, any appro- juiation which is now available or which is now or may be appropriated to become available, is by this act taken out of the control of any board of tnistees, directors, commissioners, officers or other body to whom it lias been appropriated, and placed exclusively under the control of the department of engineering, and the claims for said work shall be ap- pr(/vpd by the department of engineering, and audited by the board of exjiminors, u})on whose audit the controller shall draw his warrant and the trea.surer shall pay the same. The department of engineering shall ha\o jMJwer to receive informal bids upon any subdivision of the day's labor work and the state engineer m:iy upon the approval of the advisory board enter into an agreement for any such subdivisional work of the dav's labor work. [Amendment approved April 8, 1911; Stats. 1911, p. 820.) Control of state highways. Expeuditiires. Power to condemn rights of way. Superintendents of highways. § 9. The n»'ve power. Thev shall be specially artm<>nt, shall be paid into the revolving fund hereby created. [Amendment approved April 8, 1911; Stats. 1911, p. 829.] ACT 3815a. An act appropriating money to be expended by and under the direction of the department of engineering for the purpose of rectifying the channels of the Sacramento, San .Toaquin and Feather rivers, and other river channels of the state, and improving the navigability of such streams and for acquiriijg land for necessary rights of way. [Ai>proved June 7, 191.3. Stats. 1913, p. 889.] Appropriation: Rectifying channels Sacramento, San Joaquin and Feather rivers. Work to be approved by United States government. § 1. Tiie sum of one hundred and fifty thousand dollars is hereby ap[)ropriatcd out of any moneys in the state treasury not otherwise appropriated, to be expenaynient to the tax collector of the amount for which the property was sold, with an adiiitional penalty of twenty-five per cent of said amount. Said redemption money shall be paid by the tax collector to the person holding the original certificate of sale upon his delivering up the same and receipting for the amount received from the tax collector therefor. Upon redemption of any parcel of land the tax collector shall enter the fact and date uf such redemption upon the duplicate certificate of sale thereof. Deed after one year. § 14. If the property is sold, and is not redeemed within said period of one year from the date of the sale, the tax collector shall execute to the person named in the original certificate, or to his assignee, a deed of the property described in said certificate, which said deed shall refer in general terms to the proceedings under which the same is issued, and shall contain a description of the property. Such deed shall convey title in fee to said property, and the grantee is immediately, upon the re^-eipt thereof, entitled to possession of the property described therein. Special fund. Loan to special fund. § 15. The funds collected by the tax collector under the proceedings herein provided for, either upon voluntary payment, or as the result of sales, shall be paid by said tax collector as fast as collected to the treasurer of said municipalities, who shall place the same in a special fund designated by the city council, and payments shall be made out of said special fund enly for the purposes provided for in this act. 1987 STREETS. Act 3924, §§ 16-19 To expedite the maldng of any such improvement, the city council may at any time transfer into said special fund, out of any money in the general fund, such sums as it may deem necessary, and the sums so transferred shall be deemed a loan to such special fund and shall be repaid out of the proceeds of the assessments provided for in this act. City to execute plans. § 16. At any time after the funds for the work, or any part of the work, shall be in the hands of said treasurer, the municipality shall itself execute and perform the work embraced in the plans and specifica- tions contained in the report provided for in sections 3 and 4 of this act, in accordance with said plans and specifications, and employ the labor, and provide the nursery stock, material and supplies necessary therefor. Tlie cost and expenses of such work shall be paid out of said special fund; and in case of a deficiency in the fund for such improve- ment, the city council, in its discretion, may provide for such deficiency by an appropriation out of the general fund of the treasury, or by ordering a supplementary assessment to be made upon the same prop- erty, in the same manner and form, and subject to the same procedure as tlie original assessment; and in the last-named case, in order to avoid delay, the city council may advance such deficiency out of any money in the general fund of the trcasurj', and reimburse the treasury from the collections under such supplementary assessment. The work must be done under the supervision, direction and control of the board, com- mission or officer by whom tlie report provided for in section 3 of this act was made, and no work shall be paid for except upon the order and approval of said board, commission or officer. Pro rata refund of surplus. § 17. If at any time an assessment for any such improvement shall realize a larger sum than is necessary therefor, the excess shall be refunded pro rata to the parties by whom it was paid. Assessment lien on land. § 18. Every special assessment levied under this act shall, from the date of the levy thereof, be a lien upon the land upon which it is levied paramount to all other liens, except prior assessments and taxa- tion, and such lien shall continue until such special assessment is paid, or until the property is sold and a deed is made therefor to the pur- chaser as hereinbefore provided, and all parties shall have constructive notice of such lien from the date of the passage of the resolution re- ferred to in section 7 hereof. Definitions. § 19. The following words and phrases shall, where used in this act, have the following meanings: (1) The terms "municipality" and "city" include all corporations here- tofore organized and now existing, and those hereafter organized, for municipal purposes. Act 3924, §§ 20, 21 general laws. 1988 (2) The terms "council" and "city council" include any body or board in which by law is vested the legislative power of any city. (3) The terms "treasurer" and "city treasurer" include any person or officer, who has charge and makes payments of the city funds. (4) The term "city engineer" includes any person or officer, who has charge of the surveying and engineering work of said city. (5) The terms "clerk" and "city clerk" include any person or officer who shall be clerk of the said council. (6) The term "improvement" includes all work and improvements mentioned in section 2 of this act. (7) The term "incidental expenses" shall include the cost and expense of making the report mentioned in sections 3 and 4 hereof, including fees for surveying and engineering work; also the cost of printing and publisliing as provided herein; also the expenses of making the assess- ment for any work authorized by this act. (8) The terms "owner" and "any person interested" include the per- son owning the fee, or the person in whom, on the day any protest or petition is filed, the legal title to real property appears, by deeds duly recorded in the county recorder's office of the county in which said city is situated, or any person in possession of real property, as the executor, administrator, trustee under an express trust, guardian or other legal representative of the owner, or any person in possession of real property under a written contract of purchase thereof duly recorded, or any person in possession of real property, as lessee thereof under a lease duly recorded, which shall require such lessee to pay or dis- charge all assessments for street or other public improvements, that may be levied or assessed against such real property. Proof of publication. § 20. Proof of publication of any notice required by this act shall be made by affidavit, as provided in the f'ode of Civil Procedure, and proof of the posting of any such notice shall be made by the affidavit of the person posting the same, setting forth the facts regarding such posting. It shall be the duty of any officer who is required by this act to have any notice published or posted, to obtain and file in his office the affidavit or affidavits in proof thereof; provided, that his failure so to do shall not affect the validity of any proceedings under this act. Any such affidavit so filed shall be prima facie evidence of the facts therein stated regarding such publication or posting. Act of 1893 not affected. § 21. This act sliall in no wise affect an act entitled "An act to provide for the planting, maintenance, and care of shade trees upon streets lanes, alleys, courts and places within municipalities, and of hedges' upon the lines thereof; also, for the eradication of certain weeds within city limits," approved March 11, 1S93, or any act amendatory thereof or supplementary thereto, or any other acts on the «r,.„e sub- 1989 STREETS. Act 3927, § 20 ject, or apply to proceedings had thereunder, but it is intended to and does provide an alternate system of proceedings for making the im- provements provided for by this act; and it shall be within the dis- cretion of the city council of any municipality to proceed in making such improvements, eitlier under the provisions of this act, or under the provisions of such otlier acts; but when any proceedings are com- menced under this act, the provisions of this act, and of such amend- ments thereof as may be hereafter adopted, and no other, shall apply to all such proceedings, and any provisions contained in said acts or any acts in conflict with the provisions hereof shall be void and of no effect as to the proceedings commenced under the provisions of this act. The election of the city council to proceed under the provisions of this act shall be expressed in its resolution of intention to order the work done. How constructed. Title of act. § 22. The provisions of this act shall be liberally construed to pro- mote the objects thereof, and no publication or notice other than that provided for in this act shall be necessary to give validity to any pro- ceedings had thereunder. This act may be designated and referred to as the "tree planting act of 1913." ACT 3927. An act to provide for laying out, opening, extending, widening, straight- ening, or closing up in whole or in part any street, square, lane, alley, court, or place within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that purpose. [Approved March 6, 1889. Stats. 1889, p. 70.] Amended 1913, p. 376. The amendment of 1913 follows: Supplementary assessment to meet delinquency. Pro rata dividend. § 20. If after the sale of the property for delinquent assessments there should be a deficiency, and there should be unreasonable delay in collecting the same, or if for the purpose of equalizing the assess- ments supplying a deficiency, or for any cause it appear desirable, the commissioners may so report to the city council, who may order them to make a supplementary assessment and report the same in manner and form as the original, and subject to the same procedure. If by reason of such supplementary assessment, or for any cause, a surplus should remain after all claims against the improvement fund have been paid, the city council may appropriate said surplus and declare a divi- dend pro rata to the parties paying the same, and they, upon demand, shall have the right to have the amount of such pro rata dividends refunded to them, or credited upon any subsequent assessment for taxes Act 3928, §§ 2, 3 genthlvl laws. 1990 made against said parties in favor of said city; provided, tbe city council may appropriate and transfer the said surplus to the general fund of the fiscal year in which the surplus exists, if said surplus does not exceed five per cent of the total amount expended out of the improve- ment fund; and provided, further, that said surplus so transferred shall in no case exceed one thousand dollars. [Ameadment approved June 3, 1913; Stats. 1913, p. 377.] Citations. Cal. 157/74. 76, 82; 159/244. 245; 162/103; (55 3-5) 159/244; a 6) 159/246; (j«> 159/245; (5 10) 150/245, 249; (5 13; 159/245; (85 1-*, 15; 159/246. ACT 3928. An act to provide for the laying ent, epeninf;, extendinff. widening, or straightening, in whole or in part, of public streets, squares, lanes, alleys, courts, and places, within municipalities, for the condemna- tion of property necessary or convenient for snch purposes, and for the establishment of assessment districts and the assessment of prop- erty therein to pay the expense of such improvement. [Approved March 24, 1903. Stats. 1903, p. 37G.] Amended 1909, p. 1035; 1911. pp. 855, 894; IDIJ, p. 429. The amendments of 1911 and 1913 follow: Declaration of intention. City may pay percentage. § 2. Before ordering any improvement to be made which is author- ized by section 1 of this act, the city council sIkiH pass an ordinance declaring its intention to do so, describing the improvement and the land necessary or convenient to be taken therefor, and specifying the l)oundaries of the district to be benefited by said improvement and to be assessed to pay the ex{H>nse thereof and to be known as the assess- ment district. Said city council may also in its discretion declare in said ordinance of intention that the city shall pay a percentage of the expense of said improvement where the same is for the opening or widening of a public street or boulevard as follows: Where said street or boulevard after being opened or widened as proposed will be not loi^s than one hundred feet wide, the city may contribute not more than ten per cent of the total expense of such improvement, and where said street or boulevard after being opened or widened as proposed will be not less than one hundred twenty feet wide, the city may con- tribute not more than twenty-five per cent of the total cost of such improvement. [Amendment approved .Tune 10, 1913; Stats. 1913, p. 429.] Notice to b© posted. Publication. Notice mailed owners. Affidavit of clerk. § 3. The street superiiitenilent shall thereuptin cause to be conspicu- ously jtosted along all streets and parts of streets or other public places or rights of way where any property is to be taken for the widening 1991 STREETS. Act 3928, § 3 or straightening thereof, and along or upon any private unimproved property which is to to be taken for the opening or extending of any street or other public place, at not more than three hundred feet apart, notices (not less than three in all) of the passage of said ordinance. Said notices sliall be headed, "Notice of public work," in letters not less than one inch in length, shall be in legible characters, and shall state the fact and date of the passage of said ordinance and briefly describe the improvement proposed, and refer to said ordinance of in- tention for a description of the assessment district and for further jiartieulars. He should also cause a notice similar in substance to be published by two insertions in a daily, weokl}' or semi-weekly newspaper publisliod and circulated in said city and designated by the city council for that purpose. The city clerk shall, immediately upon the publication of the notice required by this section, mail, postage prepaid, to each property owner in the assessment district, at his last known address as the same appears on the tax-rolls of said city, or when no address so appears, to the general delivery, a postal card containing a notice which shall be in the following or substantially the following form (filling blanks), to wit: "You are hereby notified that on the day of 19 — , the legis- lative body of the city of , California, by virtue of the street open- ing act of 1903, passed an ordinance of intention numbered , for the opening and widening of street between street and street. Written protests may be filed with the city clerk within • days after the day of 19 — . Your property is in the district to be assessed for this improvement. City Clerk." If any lots or parcels of land in the assessment district be assessed to "unknown owners" on the tax-rolls of said city, no postal cards shall be mailed to the owners thereof, but the notice of public work by the publication as herein provided shall be deemed legal notice to such owners of such contemplated improvement. The city clerk shall im- mediately upon the completion of the mailing of said postal cards file, or cause to be filed in the office of the superintendent of streets an affi- davit stating the time and manner of compliance within this require- ment, but the names of the persons to whom said postal cards were addressed need not be set forth in said affidavit. The failure of the city clerk to address said postal cards or any thereof to the proper owners of said property or to mail said cards, or the failure of said property owners to receive the same shall not affect the validity of the proceedings or prevent the legislative body from acquiring jurisdic- tion to order the work; provided, that the legislative body shall not pass any ordinance ordering the improvement until such affidavit is made and filed as herein prescribed. [Amendment approved June 10, 1913; Stats. 1913, p. 430.] Act 3928, § 4 GENERAL LAWS. 1092 Written protest. When majority protests. City deemed owner of per- centage. Protest not signed by majority. Hearing protests. Deci- sion. § 4. .Any person interpstod, objecting to said improvement, or to the extent of the asscssmont district, deFcrihed in said ordinance of inten- tion, may file a written prot-est with the clerk of the city council, within thirty days after the first publication of the notice required by section 3 of this act. Every such protest must contain a description of the prof^erty in which each signer thereof is interested, sufficient to identify the same, and must set forth tlie nature of his interest therein, and must be ac- companied by the affidavit of one of the signers thereof that each signa- ture thereof is the genuine signature of the person whose name is thereto subscribed; and in case any signature is made, by an agent, there must be attaclicd to the protest the aHidavit of the agent that he is duly authorized to sign such protest. Any protest not complying ..with the foregoing requirements, shall not be considered by the city council. In the case of property held by tenancy in common, if any cotenant sign such protest, only the proportionate share of the frentagc thereof repre sented by his interest therein, shall be counted in determining the amount of frontage represented by such protest. The clerk shall inroportion to the whole frontage therein as the proportion of the expense which it is to pay, and the actual frontage of property within such district shall be increased by the addition of such amount as is necessarv to produce said result, and the amount of frontage as so increased shall be the tot-al frontage to be used in determining whetlier a protest is signed by the owners of a majority of the frontage of the property fronting on streets or parts of streets within the said assesj;ment district. If such protests are again.<;t the improvement, and the council finds that they are not signed by the owners of a majority of the f' • • ago of the property fronting ou streets or parts of streets wiihin said a^- - J-^93 STREETS. 'Act 3928, §14 iiipnt distrirt, or if surh protests are only against the extent of .said assessment district, or if the proposed improvement is for the op,^ning or extending of a street for a distance of not more than two blocks in- tervening between the terminations of two different streets, or two portions of the same street, existing at the time of the jmssage of the ordinance of intention for the proposed improvement, each of said dif- ferent streets or said portions of the same street being at least five blocks in length, and the opening or extending of the street described in the ordinance of intention through such intervening block or blocks will, together with such different streets or portions of the same street so existing, make one connecting or continuous street, as nearly as may be practicable, or if the proposed improvement is for the opening or extending of a street into a different street, for a distance of not more than one block intervening between the termination of such street so proposed to be opened or extended and such different street, when the street so proposed to be opened or e3?tended through such intervening block exists, at the time of the passage of the ordinance of intention, for a distance of at least five blocks, or if the proposed improvement is for the opening or extending of a public street, lane, alley, court or place through the remainder of a block when such public street, lane, alley, court or place exists, at the time of the passage of the ordinance of intention for the proposed improvement, for at least one-half of the distance through such block, the city council shall thereupon fix a time for hearing said protests, not less than ten days after the meeting of the council at which such time is so fixed, and shall cause notice of the time of such hearing to be published for at least five days in a daily newspaper published and circulated in said city, or if there be no such daily newspaper, by at least two insertions in a weekly newspaper so published and circulated, the city council shall hear said protests at the time appointed, or at any time to which the hearing thereof may be adjourned, and pass upon the same, and its decision thereon shall be final and conclusive. If any such protests are sustained, no further proceedings shall be had under said ordinance of intention, but a new ordinance of intention for the same improvement may be passed at any time. If the protests are denied, the proceedings shall continue as if such protests had not been made. At the expiration of the time within which protests may be filed, if none are filed, or if protests are filed, and after hearing are denied, as above provided, then upon such denial, the city council shall acquire jurisdiction to order the improvement described in the ordinance of intention. [Amendment approved June 10, 1913; Stats. 1913, p. 431.] Abandonment of proceedings, § 14. The city council jnay, at any time prior to the payment of the compensation aw'arded the defendants, abandon the proceedings, by ordi- nance, and cause the said action to be dismissed, without prejudice; and if any of the assessments levied to pay the expense of the improve- Act 3928, §§ 16,26a general laws. 1994 ments, as hereinafter proviJed, shall have been actually paid in money at the time of such abandonment, the same shall be refunded to the persons by whom they were paid. If the proceedings be abandoned or the action dismissed no attorneys' fees shall be awarded the defendants or either or any of them. [Amendment approved April 12, 1911; Stats. 1911, p. 894.] Delivery of diagram. Completed a-ssessment. § 16. The city engineer shall deliver said diagram to the street su- perintendent and shall indorse thereon the date of such delivery. The street superintendent upon receiving the said diagram shall proceed to assess the total expenses of the projiosed improvement (first deducting from such total expenses such percentage thereof, if any, as the city council may have declared by the ordinance of intention that the city shall pay) upon and against the lands, including the property of any railroad or street railroad, within said assessment district, except the land to be taken for such improvement, in proportion to the benefits to be derived from said improvement. The street superintendent shall complete said as.sessment within sixty days after the receipt by him of said diagram; provided, however, that the city council may by order extend the time for completing said assessment for a period not exceed- ing ninety days additional. The total expense of the improvements bo to be assessed shall include the amounts awarded to the defendants by the interlocutory judgment in the action for condemnation, together with their costs, the comju-nsation and expenses of the referees, as allowed by the court, and all other costs of the plaintiff in such action, the expenses of making the assessment, and all expenses necessarily incurred bj' said city, in connection with the |>roposed improvement, for the pub- lication of ordinances, posting and publication of notices, for maps, diagrams, plans, surveys, searches and certificates of title to the prop- erty to be taken, and all other matters incident thereto, [.\mendment approved .Tune 10, 1913; Stats. UiL-^, p. 433.) New assessment when first Invalid. Court to point out defects. Ee- assessment based on benefits. Charge on property. Reassessment, how made. § 26a. Whenever any assessment made and issued under the pro- visions of this act, or whenever any bond or bonds issued to represent the amount of any such assessment in accordance with the provisions of "An act providing for the issuance of improvement bonds to represent certain special assessments for public improvements, and providing for the elTi'ct and enfon«Miient of such bonds," ap[>roved .\pril 27, 1911. and all acts supplcniontary thereto or amendatory thereof, have been set aside bv any court of comj)etent jurisdiction, or such court has refused to enforce any assessment, or has decreed any such bond or bonds is- sued under the above-mentioned statute. api>roved February 27, 1911, not to constitute valid and suKsisting lions against the lots, pieces or parcels of land upon which the assessments represented by them hav« 1995 STREETS. Act 392S, § 26a been levied, tlion the suporintendent of streets shall cause a new assess- ment to be made for tlie same purpose for which the former assessment was made, whether any of the assessments have been paid or not, and new bonds shall in regular course thereafter issue in the event that bonds were issued under or provided for in the original assessment. It is hereby made the duty of any court of competent jurisdiction in ren- dering its judgment holding invalid any assessment or assessments here- after made or issued, or of any bond or bonds hereafter made or issued to represent the amount or amounts of any such assessment, to make a finding as to whether or not the issuing of such assessment was entirely without the power of the said city to issue, and if not, then what omis- sion, irregularity, illegality, informality or noncompliance with the re- quirements of the statutes of which this is amendatory has occurred in the proceedings upon which said assessment or assessments and bonds rest, and what effect shall be given to them in making the reassessment. In the event that the court shall find that the improvement, the expenses of which are represented by said assessment or bonds, was commenced in good faith and carried on pursuant to an ordinance or resolution of the city council providing for such improvement to be paid for by a special assessment, it shall be the duty of the said court to order the making of a new assessment. The city council may, at the request of any interested party, or on its own motion, by resolution duly passed, set aside any assessment or assessments and bonds, as the case may be, and order a new assessment or assessments and bonds, to be made and issued without any decree having been obtained of or from any court regarding said matter, if in its opinion the assessment be invalid, and it may take all necessary steps and make and pass all necessary orders, resolutions or ordinances to reassess and relevy such assessment, and may reassess and relevy the same with the same force and effect as an original levy. Such reassessment, whether made after decree of court has been rendered, or pursuant to a resolution of the council, shall be based upon the special and peculiar benefit of the proposed improvement to the respective lots, pieces or parcels of land assessed'. The total amount of the reassessment shall not exceed the total amount of the original assessment. Such reassessment so made shall become a charge upon the property upon which the same is levied, notwithstanding any omission, failure or neglect of any officer, body or person to comply with the provisions of this statute, and notwithstanding the fact that the proceedings of the city council, board of public works or any officer of the city or other person connected with such proceedings, may have been irregular, illegal, informal, or defective, or not in full conformity with the "requirements of this statute. It is hereby declared to be the true intent and meaning of this section to make the cost and expense of all local improvements actually made or proposed to be made in the at- tempted exercise of the powers conferred upon municipalities under this statute, payable by the real estate benefited or to be benefited by such improvements by making a reassessment therefor which shall b« equi- Act 3928, § 26a general laws. 1996 tably proportioned to each lot, each piece or parcel of land thereby bene- fited the amount of the actual benefits derived or to be derived from said improvement, notwithstanding that the proceedings of the city council or other officers or agents of the city, or other persons connected there- with may have been irregular, illegal or defective, or not in full con- formity with the requirements of this statute. Such reassessment shall be made without a repetition of the proceedings had prior to the issu- ance of the assessment and shall be made and issued in the following manner: The superintendent of streets shall, upon the entering of a decree of court directing the reassessment, or upon the passage of a resolution of the city council directing a reassessment, proceed at once to make a reassessment in accordance with the said decree of court, or said resolution of the city council. Such reassessment shall be made upon the district described in the ordinance of intention for said im- provement, and in the event that there shall have been informalities, uncertainties or ambiguities in the description of the limits of said dis- trict, then u[ion the district which the court or council shall find to be that actually ben*fitcil by said improvement, but in so fiu'Iing said court or council shall follow the lines described in the ordinance of intention so far as the same can be ascertained, and in all cases of uncertainty or ambiguity they shall give regard to the lines described and make such a determination as to the lines where there is any uncertainty or ambiguity in the ordinance of intention as may be just and equitable. In tiie event that a portion of the improvement has been found to be entirely without the power of said city to order, then said assessment shall be for the remainder of the imi>rovement only, and the benefits arising from the improvement entirely without the jurisdiction of the city to order shall not be considered in making the reassessment. Upon the completion of the reassessment it shall be presented to the city coun- cil and a day of hearing shall be fixed by it which shall be at least twenty (20) days after the filing of the reassessment. The city clerk shall then advertise the fact of filing by publishing a notice in the offi- cial newspaper, or in such other paper as the council may direct, by five (5) insertions if the paper be a daily, or by two (2) insertions if it be a weekly or semi-weekly newspaper, stating the fact that the reassess- ment has been filed with him and that objections to said reassessment will be hoard at the time specified by the city council. .At the time fixed for such hearing, or at such time or times to which the same may be thereafter adjourned, the city council shall consider the objections to said reassessment and in its discretion revise, correct and modify such reassessment in such manner as is most equitable, and it shall thereupon pass a resolution approving and confirming such reassessment and such decision shall be a final determination of all matters relating to the actual benefits derived or to be derived from the improvement by the respective lots, pieces and parcels of land enumerated in the reasjess- mont. Said reassessment sliall tlicreupon be recorded by the street su- perintendent and it shall in all respects have the same effect and weight 1997 STREETS. Act 3928, §§30, 33 as the original assessment, and shall be enforced in the same manner. All payments made upon the original assessment shall be credited upon the reassessment and in the event that the reassessment in anj^ instance is less than the amount of the original assessment, the excess shall be payable to the persons who paid the original assessments. [New sec- tion approved June 10, 1913; Stats. 1913, p. 433.] Receipts paid into special fund. § 30. The street superintendent shall from time to time pay over to the city treasurer all moneys collected by him on account of any as- sessment made under the provisions of this act. The city treasurer shall on receipt thereof place the same in a special fund, designating such fund by the name of the improvement for which the assessment was made. The city council shall on or before the time when said assess- ments become delinquent, cause to be transferred from the general or other appropriate fund of the city to said special fund the percentage of the total expense of such improvement to be paid by the city as provided in the ordinance of intention. [Amendment approved June 10, 1913; Stats. 1913, p. 436.] Definitions. § 33. The following words and phrases shall, where used in this act, have the following meanings: (1) The term "improvement" includes all of the improvements men- tioned in section 1 of this act. (2) The terms "municipality" and "city" include all incorporated cities, cities and counties, and other corporations organized for municipal purposes. (3) The terms "city council" and "council" include any body or board in which by law is vested the legislative power of any municipality. (4) The terms "clerk" and "city clerk" include any person or officer who acts as clerk of said city council. (5) The terms "treasurer" and "city treasurer" include any person or officer who has charge and makes payment of the city funds. (6) The term "street superintendent" includes any officer or board whose duty it is by law to have the care or charge of streets, or the improvement thereof, in any city. In any city where there is no street superintendent, or no such board, the city council thereof is hereby authorized to appoint a suitable person to perform the duties imposed bv this act on the street superintendent, and all the provisions hereof ajpplicable to the street superintendent shall apply to the person so appointed. (7) The terms "owner" and "any person interested" include the person owning the fee, or the person in whom, on the day any protest or petition is filed, the legal title to real property appears, by deeds duly recorded in the county recorder's office of the county in which said city is situ- ated, or any person in possession of real property, as the executor, ad- Act 3929 GEXERAL LAWS. 1998 ministrator. trustee unfler an express trust, ^lardian or other legal representative of the owner, or any person in possession of real property unrler a written contract of purchase thereof duly recorded, or any person in possession of real property, as lessee thereof under a lease duly recorded, which shall require such lessee to pay or discharge all assess- ments for street or other public improvements, that may be levied or assessed against such real property. (8) The term "property of any railroad or street railroad" shall be deemed to include and shall include property owned or controlleil by any person, firm or corporation, as a railroad, street railroad or interurban railroad right of way whether such right of way be owned or controlled in fee or as an easement or by virtue of a franchise or otherwise, also tlie roadbed, ties and rails located on such right of way; and such ]iropcrty sliall be assessed and the assessment thereof enforced in the same manner and to the same efTect as other lands and property in the assessment district. [Amendment approved April 10, 1911; Stats. 1911, p. 855.] The amendatory act of April 12, 1911, contained the folk'wincr pro- vision: § 2. The provisions of this act shall not apply to or aflfcct any pro- ceedings taken under the att to whiih this act is amendatory, and pend- ing at the time this act takes eflfect, ane work to be done, or iinjirovemeut to be made, which is authorized by this 2U03 STREETS. Act 3930, § 5 lit; which orrler, -when made, shall be published for two days, the :iine as provided for the publication of the resolution of intention, Before passing any resolution for the construction of said improvements, plans and specifications and careful estimates of the costs and expenses I hereof shall be furnished to said city council, if required by it, by the ity engineer of said city; and for the work of constructing sewers, specifications shall always be furnished by him. Whenever the contem- plated work or improvement in the opinion of the city council, is of more than local or ordinary public benefit, or whenever, according to esti- mates to be furnished by the city engineer, the total estimated costs and expenses thereof would exceed one-half the total assessed value of the lots and lands assessed, if assessed upon the lots or land fronting upon said proposed work or improvement, according to the valuation fixed by the last assessment-roll whereon it was assessed for taxes for municipal purposes, and allowing a reasonable depth from such frontage for lots or lands assessed in bulk, the city council may make the ex- pense of such work or improvement chargeable upon a district, which said city council shall, in its resolution of intention, declare to be as- sessed to pay the costs and expenses thereof. Said resolution of inten- tion shall in general terms describe the said district and refer to a plat or map approved by the city council, which shall indicate by a boundary line the extent of the territory to be included in said assessment dis- trict, which plat or map shall be on file in the office of the city engineer before said" superintendent of streets shall proceed with the publication and posting of the notices of street work, and shall govern for all de- tails as to the extent of the said assessment district. Objections to the extent of the district of lands to be affected or benefited by said w*rk or improvement, and to be assessed to pay the cost and expenses thereof, may be made by interested parties, in writing, within ten days after the expiration of the time of the publication of the uotice of the passage of the resolution of intention. The city clerk shall lay such objections before the city council, which shall, at' its next meeting, fix a time for hearing said objections not less than one week thereafter. The city clerk shall thereupon notify the persons making such objections by de- positing a notice thereof in the postoffice of said city, postage prepaid, addressed to each objector. At the time specified the city council shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive. If the objections are sustained, all proceedings shall be stopped; but proceedings may be immediately again commenced by giving the notice of intention to do the said work or make said improvements. If the objections are overruled by the city council, the proceedings shall continue the same as if such objections had not been made. [Amendment approved June 6, 1913; Stats. 1913, p. 403.] Procedure preliminary to letting contracts. Award of contract, etc. § 5. Before the awarding of any contract by the city council for do- ing anv work authorized by this act, the city council shall cause notice, Act 3930, § 5 GENERAL LAWS. 2004 with spocifioations, to be posted conspicuously for five days on or near the eounfil chamber door of said council, inviting sealed proposals or V>iilfi for doing the work ordered, and shall also cause notice of said work invitinfj said profiosal, and referring to the specifications posted or on file, to be published for two days in a daily, semi-weekly, or weekly newHf)aper, published and circulated in said city, designated by the council for the purpose, and in case there is no newspaper published in said city, then it shall only be posted as hereinbefore provided. All proposals or bids offered shall be accompanied by a check piayable to the order of the mayor of the city, certified by a responsible bank, for an amount which shall not be less than ten per cent of the aggregate of the profiosaj, or by a bond for the said amount and so payable, signed by the bidder and by two sureties, who shall justify, before any officer coiiij)etent to administer an oath, in double the said amount, and over and above all statutory exemjitions. Said proposals or bids shall be delivered to the clerk of the said city council, and said council shall, in open session, examine and publicly declare the same; provided, however, that no proposal or bid shall be considered unless accompanied by said check or bond satisfactory to the council. The city council may reject any and all proposals or bids should it deem this for the public good, and also the bid of any party who has been delinquent and nn- fnilliful in any former contract with tlie municipality, and shall reject ail proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award the contract for said work or im- provement to the lowest resjionsible bidder at the prices named in his bid, which award shall be aiii)roveil by the mayor or a three-fourths vote ot the city council. If not ajiprovod by him, or a three-fourths vote of the city council, without further proceedings, the city council may rendvertise for proposals or bids for the jierformance of the work as in the first instance, and thereafter proceed in the manner in this section provided, .ind shall thereupon return to the pro[.er parties the respective checks and bonds corresjionding to tiie bids so rejected. But the checks accompanying such accepted proposals or bids shall be held by the clerk of said city until the contract for doing said work, as hereinafter pro- vided, has been entered into, either by said lowest bidder or by the owners of three-fourths part of the frontage, whereupon said certified check shall be returned to said bidder. But if said bidder fails, neglects or refuse.s to enter into the contract to perform said work or improve- ment, as hereinafter provided, then the certified check accompanjing his bid and the amount tlierein mentioned, shall be declared to be forfeited to said city, and shall be collected by it and paid into its fund for repairs of streets; any bond forfeited may be prosecuted, and the amount due thereon collected and jujid into said fund. Notice of such awards of contracts shall be ]»osted for five days, in the same manner as herein- before i)rovided for the ])Osting of proposals for said work. It shall be puliiishrd for two days in a daily newspaper published and circulated in said city and designated by said city council, or in cities where there is 2005 STREETS. Act 3930, |. 5 no daily newspnper, hy one insertion in a semi-weekly or weekly news- jiaper so published, circulated and designated; provided, however, that in case there is no newspaper printed or published in any such city, then Buch notice of award shall only be kept posted as hereinbefore provided. The owners of three-fourths of the frontage of lots and lands upon the stleet whereon said work is to be done, or their agents, and who shall make oath that they are such owners or agents, shall not be required to present sealed proposals or bids, but may^ within ten days after the first posting and publication of said notice of said award, elect to take said work and enter into a written contract to do the whole work at the price at which the same has been awarded. Should the said owners fail to elect to take said work, and to enter into a written contract therefor within ten days, or to commence the work within fifteen days after the first posting and publication of said award, and to prosecute the same with diligence to completion, it shall be the duty of the super- intendent of streets to enter into a contract with the original bidder to whom the contract was awarded, and at the prices specified in his bid. But if such original bidder neglects, fails or refuses, for fifteen days after the first posting and publication of notice of award, to enter into the contract, then the city council, without further proceedings, shall again advertise for proposals or bills as in the first instance, and award the contract of said work to the then lowest regular bidder. The bids of all persons and the election of all owners, as aforesaid, who have failed to enter into the contract as herein provided, shall be rejected in any bidding or election subsequent to the first for the same work. If, however, the owner or contractor, who may have taken any contract, do not complete the same within the time limited in the contract, or within such further time as the city council may give them, the superin- tendent of streets shall report such delinquency to the city council, which may relet the unfinished portion of said work, after pursuing the formalities prescribed hereinbefore for the letting of the whole in the first instance. All contractors, contracting owners included, shall, at the time of executing any contract for street work, execute a bond to the satisfaction and approval of the superintendent of streets of said city, with two or more sureties and payable to such city, in such sums as the mayor shall deem adequate, conditioned for the faithful performance of the contract; and the sureties shall justify before any person competent to administer an oath, in double the amount mentioned in said bond, over and above all statutory exemptions. Before being entitled to a contract, the bidder to whom the award was made, or the owners who have elected to take the contract, must advance to the superintendent ot streets, for payment by him, the cost of publication of notices, reso- lutions, orders, or other incidental expenses and matters required under the proceedings prescribed in this act, and such other notices as may be deemed requisite by the city council; provided, however, that all contracts entered into between tLe owners of any property and the Mi 3930, § 7 GENERAL LAWS. 2006 contractor or his agents to perform the work of improvement on any street, alley, lane, avenue, place, or court, shall be in triplicate and shall contain all items of expense and the total contract price therefor, and no other payment shall be allowed to or recovered by such contractor, other than as itemized and set forth in said contract. The original of Buch contract shall be held by the city, one copy thereof shall be held by the contractor or his agent, and one copy thereof duplicate shall be held by the owners. And in case the work is abandoned by the city before the letting of the contract, the incidental expenses incurred pre- vious to such abandonment shall be paid out of the city treasury. [Amendment approved April 10, 1911; Stat'*. 1911, p. S49.] £zi>enses of work. § 7. Subdivision One. — The expenses incurred for any work author- ized by this act (which expense shall not include the cost of any work done in such portion of any street as is required by law to be kept in order or repair by any person or comjiany having railroad tracks thereon, nor include work which shall have been declared in the resolution of intention to be as.sessed on a di.strict benefited) shall be assessed upon the lots and lands fronting thereon, except as her»in specificaiiy pro- vided; each lot or portion of a lot being separately assessed, in pro- portion to the frontage, at a rate per front foot siitTui.>nt to cover the total expense of the work. Street crossings. Sulidiv ision Two. — The expense of the work done on main street cross- ings shall be assessed at a uniform rate per front foot of the quarter blocks and irregular blocks adjoining and cornering upon the crossings, and sei^arately upon tlie whole of each lot or portion of a lot having any frontage in the said blocks fronting on said main streets, halfway to the next main street crossing, and all the way on said blocks to a bound- ary line of the city where no such crossing intervenes, but only accord- ing to its frontage in said quarter blocks and irregular blocks. One street terminating in another. Subdivision Three. — Where a main street terminates in another main street, the expenses of the work done on one half of the width of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, accord- ing to the frontage of such lots on said main streets, and the expense of the other half of the width of said street upon the lot or lota fronting on the latter half of the street at such termination. Alley crossings. Subdivision Four. — Where any alley or subdivision street crosses a main street the expense of all work done on said crossing shall be iissosscd on all lots or portions of lots halfway on said alley or subdi- 2007 STREETS. Act 3930, § 7 vision street to the next crossing or intersection, or to the end of each aJley or sulxlivision street, if it does not meet another. Alley crossings. Subdivision Five. — The expense of work done on alleys or subdivision street crossings shall be assessed upon the lots fronting upon such alley or subdivision streets on eacli side thereof, in all directions, halfway to the next street, place or court, on either side, respectively, or to the end of such alley or subdivision street, if it does not meet another. One alley, etc., terminating in another. Subdivision Six. — Where a subdivision street, avenue, lane, alley, place or court terminates in another street, avenue, lane, alley, place or court, the exjiense of the work done on one-half of the width of the subdivision street, avenue, lane, alley, place or court opposite the termination, shall be assessed ui>o'u the lot or lots fronting on such subdivision street, avenue, lane, alley, place or court so terminating, according to its front- age thereon, halfway, on each side, respectively, to the next street, avenue, lane, alley, place or court or to the end of such street, avenue, lane, alley, place or court, if it does not meet another, and the other one-half of the width upon the lots fronting such termination. Work on one side of street. Subdivision Seven. — Where any work mentioned in this act (manholes, sewers, cesspools, culverts, crosswalks, piling and capping excepted) is done on one side of the center line of any street, or sewering or re- sewering is ordered to be done under the sidewalk on only one side of any street for any length thereof, the assessment for the expenses thereof shall be made only upon the lots and lands, fronting nearest upon that side of the street and for intervening intersections only upon the two quarter blocks adjoining and cornering upon that side. When lots belonging to state, United States or city front on work. Subdivision Eight. — Whenever any lot, piece or parcel of land belong- ing to the United States or to the state of California, or any lot, piece or parcel of land belonging to any county, city, public agent, mandatory of the government, school board, educational, penal or reform institution or institution for the feeble-minded or the insane, and being in use in the performance of any public function, fronts upon the proposed work or improvement or is included within the district declared by the city council in the resolution of intention to be the district to be assessed to pay the costs and expenses thereof, the city council may, in its dis- cretion, in the resolution of intention, declare that said lots, pieces or parcels of land so owned and in use, or any of them, shall be omitted from the assessment to be made to cover the costs and expenses of said work or improvement. In the event that said lots, pieces or parcels of land, or any of them, shall, by said resolution be omitted from the assessment, then the total expense of all work done shall be assessed Act 3930, § 7 GENERAL LAWS. 2008 on the remaining lots fronting on the work or improvement or lying within the limits of the assessment district without regard to such omitted lots, pieces or parcels of lanfIT In the event the city council shall, in its resolution of intention, declare that the said lots, pieces or parcels of land so owned and in use. or any of them, shall be included in the assessment, or in the event that no dci'lnration is made respecting such lots, pieces or parcels of land, then such sum or sums as thereafter may he assessed against such lots, pieces or parcels of land, so owned and used, shall be payable by the city out of the general fund, unless the council shall in its resolution of intention designate another fund and the contract for said work or improvement thereafter made shall coo- tain a provision to that effect. Owners may do grading. Siilidi vision Nine. — It shall be lawful for the owner or owners of lots or lands fronting upon any street, tho wiilth and grade of which have been estjiblished by the city council, to i)orform, at his or their own ex- pense (after obtaining permission from tlie council so to do, but before said council has passed its resolution of intention to order grading inclusive of this), any grading upon said street, to its full width, or to the center line thereof, and to its grade as then established, and there- upon to procure, at his or their own expense, a certificate from the city engineer, setting forth the number of cubic yards of cutting and filling maile bj him or them in said gr.iding, and the proportions performed bt each owner, and tliat the same is done to the established width and grade of said f'reet, or to the center line thereof, and thereafter to file said certificate with the superintendent of streets, which certificate fhe super- intendent shall record in a book kept for that purpose in his office, [iroperly indexed. Whenever thereafter the city council orders the grading of said street, or any portion thereof, on which any grading certified as aforesaid has been done, the bids and contracts must express the i>rice by the cubic yard for cutting and filling in grading; and the said owner or owners and his or their successors in interest, shall he entitled to credit on fhe assessment upon his or their lots and lands fronting on said streets for the grading thereof, to the amount of tho cubic yards of cutting and filling set forth in his or their certificate, .nt the prices named in the contract for said cutting and filling: or, if the grade meanwhile has been duly altered, only for so much of said certified work as would be required for grading to the altered grade; provided, however, that such owner or owners shall not be entitled to such credit as may be in excess of the assessments for grading upon the lots and lands owned by him or them, and proportionatoly assessed for the whole of said grading; and the superintendent of streets shall include in the assessnuMit for the whole of said grading ujion the same grade the number of cubic yards of cutting and filling set forth in any and all certificates so recorded in his ofTiee, or for the whole of said grading to the ortions useerintendence, and to the like satisfaction as those ordereil to be performed by said order ordering the work, and the resolution of intention ancl notice of proposed improvement shall be construed and are hereby declared to be notice to said person or company of the intention to order the same. Thereupon it shall be the duty of said person or com- pany having such track or tracks on such street or streets to notify in writing the superintendent of streets if such person or company electa to ]ierf<>rm such work at its own diarge and expense and under its own direction; said notice must be delivered to the superintendent of streets within ten days after the first publication of notice or award of contract. The omission or neglect to make such election shall be construed as con- stituting tiie sui>erinten(in have a cause of action against said person or company owning said track or tracks for the amount of said contract, together with a reason- able attorney's fee, and shall also have as security for the recovery of such amount, a first lien upon the track and franchises of said person or company, between whose rails or tracks the said work has been performed, contained within the corporate limits of the said city. In such suit, the certificate of the superintendent of streets, hereinbefore mentioned, shall lie and constitute prima facie evidence of the regularity of all proceed- ings, and of the right of the contractor to recover judgment against said person or company. Execution may be taken out upon the entry of judg- iiioiit, and levied upon any property of said person or company subject to execution. In the event that said person or company shall file the written election to perform such work at its own cost and expense and uuder its own direction, no further proceedings shall be taken in the matter unless such person or company neglects or fails for thirty days, or for such further time as the city council may grant, to make said im- provement. In the event that the improvement of the portions of the street or streets above described, between the rails and for two feet on each side thereof, and between the tracks if there be more than one, shall not be made with diligence, or in all respects similar to the improvement of the rest of the street, or with the same materials or under the same specifications, and to the satisfaction of the superintendent of streets, the city council of said city may, by resolution entered in its minutes, pre- scribe such terms and conditions' as to it may seem fit and proper before permitting the said person or company to continue with the said improve- ment. If the said person or company shall, after three days' notice of the adoption of said resolution, fail to comply with the terms and con- ditions so prescribed, the said city council may declare said person or company to have forfeited its privilege of performing such work under its own direction. Whereupon the street superintendent shall advertise Act 3930, § 10 GENERAL LAWS. 2012 for bids for the performanre of such work, or snch portions thereof as may remain uncompleted, and the contract therefor shall be awarded and entered into in the same manner hereinbefore provided for the awarding and execution of contracts w^here said person or company has not elected to make the improvement under its own direction; and upon the comple- tion of the iniiirovement, the contractor to whpm snch contract may be awarded, or his assij^ns, shall be entitled to a certificate from the street superintendent similar to that hereinbefore provided for. and shall have the right to collect from said person or company by suit the amount speci- fied in Kuch certificate in all respects the same as is hereinbefore pro- vided where tlie contract is let for such improvement in the first instance. Council may include different kinds of work in its order. Subdivision Thirteen. — The said loiuicil may include in one resolution of intention and onler any of the different kinds of work mentioned in this act, and may include any number of streets and rights of way or jiortion thereof in one proceeding and one contract, and it may except therefrom any of said work already done upon the street to the oflScial grade. The lots and portions of lots fronting upon said accepted work already done shall not be included in the frontage assessment for the class of work from which the exception is made; provided, that this shall not be construed so as to affect the special provisions as to grading contained in this act. [Amendment approved April 5, 1911; Stats. 1911, p. 627.] Demand for payment of a-ssessment. Return of warrant to superintend- ent. Failure to return warrant. Extension of time. Interest 'on assessments § 10. The contractor, or his assigns, or some person in bis or their behalf, shall call upon the persons assessed, or their agents, if they can conveniently bo found, and deujiind payment of the amount assessed to each. If any payment be made, tlie contractor, his assigns, or some per- son in his or their behalf, shall reai(l. in whole or in part, and the amount thereof. ThereniKni the .xuiieiintendent of streets shall reiord the return so made, in the margin of the record of the warrant and assessment, and also the original contract referred to therein, if it has not already been recorded 2013 STREETS. Act 3930, § 12 at full length in a hook to be kept for that purpose in his office, and shall sign the record. The said superintendent of streets is authorized at any time to receive the amount due upon any assessment list and war- laiit issued by him, and give a good and sufficient discharge therefor; provided, that no such payment so made after suit has been commenced, without the consent of the plaintiflf in the action, shall operate as a com- l'li>te discharge of the lien until the costs in the action shall be refunded to the plaintiff; and he may release any assessment upon the books of his office, on the payment to him of the amount of the assessment against :iiiy lot with interest, or on the production to him of the receipt 111' the party or his assigns to whom the assessment and warrant were i^^ueii; and if any contractor shall fail to return his warrant within the time and in the form provided in this sex>tion, he shall thenceforth have no lien upon the property assessed; provided, however, that in case any warrant is lost upon proof of such loss a duplicate can be issued, upon which a return may be made, with the same effect as if the orig- inal had been so returned; provided, further, that the street superintend- ent may for cause shown on written petition from the contractor or his assigns filed in his office prior to the expiration of said thirty days fr,om the date of the warrant, extend the time for the making of said return for a period not to exceed thirty days additional, which extension shall, with its date, be noted on the warrant. After the return of the assess- ment and warrant as aforesaid, all amounts remaining due thereon shall draw interest at the rate of ten per cent per annum until paid. [Amend- ment approved June 6, 1913; Stats. 1913, p. 407.] Contractor may sue on overdue assessment. Attorneys' fees. Demand in writing prerequisite. Proof of service. Consolidation of actions. Evidence of regularity. Redemption. § 12. At any time after the period of thirty-five days from the day of the date of the warrant as herein provided or if an appeal is taken to the city council as provided in section 11 of this act, or an extension of time is granted to the contractor in which to make his return as provided in section 10 of this act, at any time after five days from either the decision of said council or the expiration of said extension or after the return of the warrant or assessment, after the same may have been corrected, altered or modified as provided in said section 11 (but not less than thirty-five days from the date of the warrant), the contractor or his assignee may sue, in his own name, the owner of the land, lots, or portions of lots, assessed on the day of the date of the recording of the warrant, assessment, and diagram, or any day thereafter during the con- tinuance of the lien of said assessment, and recover the amount of any assessment remaining unpaid, with interest thereon at the rate of ten per cent per annum until paid. And in all cases of recovery under the provisions of this act, where suit has been brought after one year from the date of the assessment or after personal demand has been made on the owner as hereinafter provided, the plaintiff shall recover the sum Act 3930, § 12 GENER.VL LAWS. 2014 of fifteen dollars, in addition to the taxable costs as attorney's fees, but not any percentage upon said recovery; but no suit shall be brought for the recovery of any such assessment and no attorneys' fees or costs shall be recovered until a demand in writing has been served personally on the ovrner of the lot or parcel of land assessed and such owner has failed to pay such assessment before the expiration of ten days after the service of such demand, or unless one year has elapsed from the date of the assessment. Proof of service of such demand shall be made by affidavit in like manner as proof of service of summons in a civil action. If the contractor or his agent or any pcr.«on acting in behalf of the con- tractor shall, prior to the filing of a complaint for the recovery of any assessment as herein provided, make any written demand upon or present any hill or notice in writing to such owner, demanding, requesting or notifying such owner to pay or that there is due, attorneys' fees or court costs in connection with the collection of such asses.Mment, then the contractor shall forfeit to such owner the amount of such assessment and the superintendent of streets is authorized, upon written demand of such owner, accomjvanied by the affidavit of such owner, that such written demand, bill or notice for the [layment of attorneys' fees and costs, or either thereof, prior to the commencement of suit, to mark said assessment "paid," and such assessment shall thereby be deemed to be paid and the lien thereof released. When the ownership of two or more lots or par- cels of land on which assessments in the same proceeiling have not been paid is identical, one action may be brought to collect the assessments on all of said lots or parcels of land, and in case more than one action is brought against the owner of more than one lot or parcel of land where the ownership is identical, as aforesaid, the court shall, upon the motion of such owner or owners, consolidate such actions, and in the event of such consolidation of actions and recovery therein, only fifteen dollars as attorneys' fee shall, unless otherwise ordered by the court, be recov- ereerty upon whicli the same is levied, notwith.'^tanding any omission, failure or neglect of any ollicer, body or person to comply with the provisions of this statute. relating to or connected with the improvement and tlie issuing of the assessment or the bonds, and notwithstanding the fact that the proceed- ings of the city council, board of j ublic works or any oflicer of the city or agent of the contractor or other person connected with such work, may have been irregular, illegal, informal, or defective, or not in full con- formity with the requirements of this statute. It is hereby declared to be the true intent and meaning of this section to make the cost and expense of all local improvements actualh- made in the attempted exercise of the powers conferred upon niunici]«alitics under this statute, jiayatile by the real estate benefited by such improvement by making a reassessment therefor which shall equitably apportion to each lot. piece or j^arcel of land thereby benefited the amount of the actual benefits derived from said improvement, notwithstanding that the proceedings of the city coun- cil and other oflicera or agents of the city, or of the contractor, may have been irregular, illegal or defective, or not in full conformity with the requirements of this statute. Such reassessment shall be made without a repetition of the |>rticiedings had prior to the issuance of the assessment and shall bo made and issued in the following manner: The superintend- ent of streets shall, upon the entering of a decree of court directing the reassessment, or upon the passage of a resolution of the city council directing a re^assessment, jiroceed a-t once to make a reassessment in ac- cordance with the said decree of court, or said lesolution of tiie city coun- cil. Such reasses.^sment shall be made upon the property fronting on the improvement or uj^on the district described in the resolution of intention for said work or improvement, as the case may be, and in the event that there shall have been informalities, uncertainties or ambiguities in the doHCiq)tion of the limits of said district, then upon the district which 2017 STREETS. Act 3930, § 13 the court or council shall finj to be that actually benefited by said im- provement, but in so finding said court or council shall follow the lines described in the resolution of intention so far as the same can be ascer- tained, and in all cases of uncertainty or ambiguity they shall give re- gard to the lines described and make such determination as to the lines where there is any uncertainty or ambiguity in the resolution of intention as may be just and equitable. In the event that a portion of the work or improvement has been found to have been entirely without the power of said city to order done, then said assessment shall be for the remainder of the work or imjirovement only, and the benefits arising from the work entirely without the jurisdiction of the city to order shall not be con- sidered in making the reassessment. Upon the completion of the reassess- ment it shall be presented to the city council and a day of hearing shall be fixed by it which shall be at least twenty (20) days after the filing of the reassessment. The city clerk shall then advertise the fact of said filing by publishing a notice in the newspaper in which the notice of award of contract was published, or in such other paper as the council may direct, by five (5) insertions if the paper be a daily, or by two (2) in- sertions if it be a weekly or semi-weekly newspaper, stating the fact that the reassessment has been filed with him and that objections to said re- assessment will be heard at the time specified .by the city council. At the time fixed for said hearing, or at such time or times to which the »anie may be thereafter adjourned, the city council shall consider the objections to said reassessment and in its discretion revise, correct and modify such reassessment in such manner as is most equitable, and it shall thereupon pass a resolution approving and confirming such reassessment and such decision shall be a final determination of all matters relating to the actual benefits derived from the improvement by the respective lots, pieces and parcels of land enumerated in the reassessment. Said re- assessment shall thereupon be recorded by the street superintendent and it shall in all respects have the same effect and weight as the original assessment, and shall be enforced in the same manner. All payments made upon the original assessment shall be credited upon the reassessment and in the event that the reassessment in any instance is less than the amount of the original assessment, the excess shall be payable to the owner by the contractor. [New section approved June 6, 1913; Stats. 1913, p. 409.] Eepairs. Contract for repairs may be let. Contractor may sue owners. Penalties for neglecting repairs. § 13. When any portion of any street, alley or public place in said citv shall be out of repair or needing reconstruction, or in a condition to interfere with the public convenience in the use thereof, it shall be the duty of the superintendent of streets to notify the owner of any lot or portion of a lot, fronting on the portion of such street, alley, or public place, so out of repair or needing reconstruction, to repair or reconstruct such portion of said street, alley, or public place, to the center line of said street, alley, or public place, in front of the property of which he 127 'Act 3930, §§ 20, 35 general laws. 2018 is the owner, or to repair the sidewalk in front of nwrh proprrty in case BiK'h sidewalk shall need repair or reconstruction, and he shall state in Buch notice what work is required to be done, and what materials shall be usrd in said work and how the same shall be done. If said repairs or reconstruction be not commenced within ten days after notice given, as aforesaid, and prosecuted to completion diligently, the said superintend- ent of streets may under authority from said city council let a contract for the performance of such work. He shall post notice at his office for two days inviting bids for the doing of said work of repair or recon- struction, and the contract shall be awarded by him to the lowest bidder, and a contra.t in writing shall be entered into with the successful bidder. Upon the completion of said repairs or reconstruction to the satisfaction of said superintendent of streets, he shall make and deliver to said con- tractor a certificate to the effect that said repairs or reconstruction, or both, have been properly made, and state what amount is payable by each owner for the same, which certificate shall be recorded in the office of said superintendent of streets in a book kept for that purpose, and all owners of property in front of which such improvement shall have been performed, shall be deemed to have notice of the contents of the record thereof. The contractor may make demand for the amount due by serv- ing written notice upon the owners referring to the certificate so re- corded, and if the contractor be not paid on demand, he shall have the right to sue each owner for the amount due and j>:iyable from each re- spectively, and the said certificate of the superintcmlent of streets shall be prima fncie evidence of the amount claimed for the work and mate- rials and of the right of the contractor to recover for the same in such action, and the amount so due and payable shall be a first lien upon the respective lots, pieces or parcels of land against which it may be charged an expense of any such repairs not otherwise provided for. [Ainend- mout approved April o, 1911; Stats. 1911, p. 633.] City to keep streets in repair. § 20. f Repealed April fi, 1911; Ptats. 1911, p. (i3.5.] Superintendent of construction. Compensation. § 35. The superintendent of streets shall, when in his iudgmont it is necessary, appoint a suitable person to take charge of and superintend the construction and im]>rovement of each and every sewer constructed or iin|iroved under the ]in)viensation as shall be just, but not to exceed five dollars per day. The sum to which the party so employed shall be entitled shall be deemed to be incidental expenses witliin the meaning of those words as defined by this act. [Amend- ment approved April 5, 1911; Stats. 1911, p. 634.] Act liberally construed. § 53, This act shall be liberally construed to the end that its purposes may be efl'e.ted. No error, irrej^ularity, informality, and no neglect or omission of any ofiiccr of the city, in any proceeding taken hereunder which docs not directly affect the jurisdiction of the city council to order the work or improvement, shall avoid or invalidate such proceeding or any assessment for the cost of work done thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the city council as herein provided. [Amendment approved April 5, 1911; Stats. 1911, p. G34.] Council fixes time and place of hearings, § 54. Whenever in proceedings hereunder the time and place for hear- ing by the city council is fixed and from any cause the hearing is not then aud there held or regularly adjourned to a time and place fixed, the power of the city council in the premises shall not thereby be devested or lost. The city council may fix a time and place for the hearing and cause notice thereof to be given by publication by at least one insertion in a daily,, semi-weekly or weekly newspaper published and circulated in said city and designated by the council for that purpose, such publica- tion to be at least five days before the date of the hearing, and thereupon the city council shall have power to act as in the first instance. [New section approved A^til 5, 1911; Stats. 1911, p. 634.] Description by reference sufficient, § 55. In all resolutions, notices, orders and determinations subsequent to the resolution of intention a description of the assessment district by reference to the resolution of intention shall be sufficient, and in all resolutions, notices, orders, and determinations subsequent to the "notice of street work" a description of the work by reference to the resolution of intention shall be sufficient. [Amendment approved June 6, 1913; Stats. 1913, p. 412.] This section was added April 5, 1911 (Stats. 1911, p. 635). Public work in unincorporated territory. Terms interchangeable. § 57. The public work provided to be done under this act may be performed under the provisions of this act in unincorporated territory Act 3930, § 58 general laws. 2020 in counties, and all of the provisions of this act shall apply with equal force to such work subject to the flefinitions and modifications herein- after contained. Wherever the words "municipality," "municipalities" or "city" shall apjiear in this act, they shall be and are hereby defined as including cities, cities and counties and counties, and are hereby ex pressly declared to be interchangeable with any or either of these terms. Wherever the terms "city council" or "council" shall appear in this act, they shall be and are hereby defined as including the board of supervisors of a county, and are hereby expressly declared to be interchangeable with these terms; and all of the provisions of this act extending au- thority to or imposing duties or f)l)]igations upon the city council or council shall apply with equal force to the board of supervisors. Wher- ever the term "city engineer" shall apj'oar in this ai^t, it shall be and is hereby defined as including the county surveyor of a county, and is hereby expressly' declared to be interfhangeable therewith; and all of the provisions isf this act extending authority to or imjiosing duties or obligations upon the city engineer shall apply with equal force to the county surveyor. Wherever the terms "city clerk," "clerk of the city council," "clerk of the council" or "clerk" shall appear in this act, they 8h;ill be and are hereby defined as including the county clerk of a county, and are hereby expressly declared to be interchangeable therewith; and all of the prns of this act extending authority to or imjiosing duties or obligations upon the city clerk, clerk of the city council, clerk of the council or clerk shall ajiply with equal force to the county clerk. Wherever the terms "city treasury" or "municipal treasury" shall ap pear in this act, they shall be and are hereby defined as inchi 160/8«. 291; (J8 3». 40, 44, 46, 48, 49, 5J) 100 '288. 'Jiia. 29.i. .Xpp. 10 411. 412, 4ia. 414, 613; ll/.Tf^4. 806, 307; 12/303, 367. 369: 13/157, 249. 250, 608: 16/681: 17/651; 18/633; 19/489; (§6Vs) 19/318; (§23) 10/630; ({34. «ubd. 8> 19/493. 2023 STREETS. Act 3932, §§ 2, 3 ACT 3932. An act to provide a system of street improvement bonds to represent certain assessments for the cost of street worlc and improvement within municipalities, and also for the payment of Such bonds. [Approved February 7, 1893. Stats. 1893, p. 33.] Amended 1899, p. 40; 1911, p. 1201; 1913, pp. 351, 845. The amendments of 1911 and 1913 are as follows: Bonds for street work. Interest. Treasurer's register. § 2. The city council of any municipality in this state shall have the power, in its discretion, to determine that serial bonds shall be issued in the manner and form hereinafter provided to represent assessments of twenty-five dollars or more for the cost of any work or improvement authorized by the said street work act. Said serial bonds shall extend over a period not to exceed fifteen years from the second day of January next succeeding the issuance of said bonds, and an even annual propor- tion of the principal sum thereof shall be payable by coupon on the second day of .January every year after their date until the whole is paid; provided, that if the period over which said bonds are to extend exceeds ten years, one tenth part of the principal sum thereof shall be payable by coupon on the second day of January of each of the last ten years of said period. The interest on said bonds shall be payable semi annually by coupon on the second days of January and .July respec- tively, of each year, at the rate of not to exceed ten per cent per annum on ail sums unpaid, until the whole of said principal and interest is paid. Said bonds and interest thereon shall be paid at the office of the city treasurer of said municipality, who shall keep a fund designated by the name of said bonds, into which he shall receive all sums paid him for the principal of said bonds and the interest thereon, and from which he shall disburse such sums upon the presentation of said coupons; and under no circumstances shall said bonds or the interest thereon be paid out of anv other fund. Said city treasurer shall keep a register in his office which shall show the series, number, date, amount, rate of interest, payee and indorsees of each bond, and the number and amount of each coupon of principal or interest paid bv him, and shall cancel and file each coupon so paid. [Amendment approved June' 14, 1913; Stats. 1913, p. 846.] Also amended April 27, 1911 (Stats. 1911, p. 1201). Resolution of intention and description of bonds. § 3. When said citv council shall determine that serial bonds shall be issued to represent the expenses of any proposed work or improvement under said street work act, it shall so declare in the resolution of inten- tion to do said work, and shall specify the rate of interest which they shall bear and the period of time o^er which they are to extend. A like description of said bonds shall be inserted in the notice of award, and a notice that a bond will issue to represent each assessment of twenty- Act 3932, § 4 GENERAL LAWS. 2024 five dollars or more remaining unpaid for thirty days after the date of the warrant, or such further time as may be thereafter granted by way of an extension, or five days after the decision of the city council upon an appeal, or thirty days after the recording of a reassessment in the event that one be made, and describing the bonds, shall be included in the warrant provided for in section 9 of said street work act. [Amend- ment approved June 14, 1913; Stats. 1913, p. 84G.] Certificate of assessments unpaid. Street improvement bonds. When assessment less than twenty-five dollars. Lien of assessment. § 4. After the full exjiiration of thirty days fruin the date of the warrant, or if an appeal be taken to the city council, or an extension of time be granted the contractor in which to make his return as pro- vided in section 10 of said street work act, then five days after the final decision of said city council, or the expiration of the extension, or after the full expiration of thirty days from the recording of a reassessment in the event that such be made, and after the street superintendent shall have recorded the return, and in the event that a reassessment is ordered, after all previous payments have been credited on the reassessment, the street superintendent .shall make aiiil certify to the city treasurer a com- plete list of all assessments unjiaid, which amount to twenty five dollars or over upon any asscssnunt or diagram number; and saiil treasurer hhall thereupon make out, sign and issue to the contractor, or his assigns, payee of the warrant and as.sessment, a separate bond, representing upon each lot or parcel of land upon said list the total amount of the assess- ments, or reassessments as the case may be. against the same as thereon shown. And if said lot or parcel of land is described upon said assess- ment and diagram by its number or block, or both, upon the official map of said municipality, or upon any map on file in the office of the county recorder of the county in which said municipality is situated, then it shall be in said bond a suflicient description of said lot or parcel of bunl to designate it by said number or block, or both, as it appears on said otficial or recorded map. Said bond shall be sulistanf i:illv in the following form: Street Improvement Bond. Series (designating it) in the city (or other form of municipality) of (naming it). $ No. ITmler and by virtue of an act of the legislature of the state of Tali- fornia (title of said act), I, out of the fund for the above designated street improvement bonds, series will pay to . or order, the sum of dollars, ($ ), with interest at the rate of per cent per annum, all as hereinafter specified, and at the office of the treasurer of the of , state of California. This bond is issued to represent the cost of certain street work upon in tiie of , as the same is more fully des*'ribed in assessment 2025 ' STREETS. Act 3932, § 4 No. , issued by the street superintendent of said , after ac- ceptance of said work, and recorded in his office (or if there has been a rcasscssnient then the reference shall be to such reassessment). Its amount is the anunint assessed in said assessment (or reassessment if such be made) against the lot or parcel of land numbered therein, and in the diagram attached thereto, as No. — ' — , and which now remains unpaid, but until paid, -with accrued interest, is a first lien ujion the prop- erty affected thereby, as the same is described herein, and in said re- corded assessment with its diagram, to wit: That certain lot or parcel of land in said of county of and state of California, described as follows: This bond is payable exclusively from said fund and neither the municijiality nor any officer thereof is to be holden for payment other- wise for its princijial or interest. The term of this bond is years from the second day of January next succeeding its date, and at the expiration of said time the whole sum then unpaid shall be due and pay- able; but on the secoml day of January of each year after its date an even annual proportion of its whole amount is due and payable upon pre- sentation of the coupon therefor until the whole is paid (or if said bonds are to extend over a period exceeding ten years from their date, insert in place of the last statement the following: But on the second day of January of each of the last ten years of the term of this bond an even one-tenth part of the whole amount of the principal of said bond shall be due and payable upon presentation of the coupon therefor), with all accrued interest at the rate of per centum per annum. The interest is payable semi-annually, to wit: on the second days of January and July in each year hereafter", upon presentation of the coupons therefor, the first of which is for the interest from date to the next second day of , and thereafter the interest coupons are for semi-annual interest. Should default be made in the annual payment upon the principal, or in any payment of interest, by the owner of said lot or parcel of land, or anyone in his behalf, the holder of this bond is entitled to declare the whole unpaid amount to be due and payable and to have said lot or parcel of land advertised and sold forthwith, in the manner provided by law At said of , this day of in the year one thousand nine hundred and . > City treasurer of the of . In case the amount of the unpaid assessment or reassessment upon any lot or parcel of land shall be less than twenty-five dollars, then the same shall be collected as is provided in said street work act. If any person, or his authorized agent, shall at any time before the issuance of the bond for said assessment or reassessment upon his lot or parcel of land present to the citv treasurer his affidavit made before a competent officer that he is the owner of a lot or parcel of land in said list, accompanied by the certificate of a searcher of records that he is such owner of record, Act 3932, § 5 GENERAL LAWS. 2026 anrl shall with such affidavit and certificate notify said treasurer in writing that he dfsires no bond to be issued for the assessment upon said lot or parcel of land, then no such bond shall be issued therefor and the payee of the warrant, or his assigns, shall retain his right for enforcing collection of said assessment or reassessment as if said lot or parcel of land had not been so listed by the street superintendent. The bonds so issued by said treasurer shall be payable to the party to whom they issue, or order, and shall be serial bonds, as is hereinbefore described, and ehall bear interest at the rate specified in the resolution of intention to do said work. They shall have annual coupons attached thereto, payable in annual order on the second day of January in each year after the ilate of the bonds until all are paid, or if the term of said bonds be more than ten years, then said coupons shall be payable on the second day of January of each of the last ten years of the term of the bonds; and each couimn shall be for an even annual proportion of the princi{)al of the bond. They shall have semi annual interest coupons thereto at- tached, the first of which shall be payable upon the secoml day of Jan- uary or July, as the case may be, next after its date, and shall be for the interest accrued at that time, and the rest of which shall be for the semi-annual interest accruing from the secouil day of January or July, as the case may be. The owner of, or any jterson interested in, any lot or parcel of land upon which a bond has been issued, under the terms of this act, niiiy at any time pay off such bond antl discharge his land from the lien of the assissmont, by paying to the city treasurer for the hoMer of such bond the amount then unpaiil on the principal sum thereof, and all intcrcj^t thereon which has acirued and is unpaid, together with the semi-annual installment of interest which will next become due there- after, and in addition thereto, interest for two years at the rate specified in the bond ujion the unjiaid amount of the princij>al. The treasurer shall theriMipon make an entry upon his boml register that such bond has been paid in full. When all the coujions of principal and interest are paid or the bond is surrendered or satisfied, the city treasurer shall re|>ort the fact to the street s^uperintcndent, who shall forthwith indorse the same on the margin of the record of the assessment to the credit of which the same is ]>aid. The assessment upon which a bond is issued shall be a first lion uiion the property afifccted thereby until the bond issued for the ]iayiuent thereof and the accrued interest thereon shall be fully paid. Said bonds by their issuance shall be conclusive evidence of the regularity of all proceedings leading up thereto under said street work act and under this act, and of the validity of said lien. [Aniendraent approved June 14, 1913; Stats. 1913, p. 847.] Also .imonded .'^pril 27. 1911 (Stata. 1911. p. 1202). Failure to pay interest and principal on bonds as due. § 5. Whonover, through the default of the owner of any lot or parcel of land to represent the afisessment upon which such bond has been, or may horo;\ftcr be, iss^uod, any pnyment, either upon the principal, or of 2027 STREETS. Act 3932, § 5 the interest, has not been, or shall not be, made when the same has be- come, or shall become due, and the holder of the bond thereupon de- mands, in writing, that the said city treasurer proceed to advertise and sell said lot or parcel of land as herein provided, then the whole bond or its unpaid remainder, with its accrued interest, as expressed in said bond, shall become due and payable immediately, and on the day follow- ing shall become delinquent. Publication of notice of delinquency. Subdivision a. Upon the ai>plication of the holder of any bond that is now or shall hereafter become delinquent as provided in this section, the said city treasurer shall publish for two weeks in a newspaper of general circulation, to be designated by him, published in the city where his office is situated, a notice which must contain the date, number, and series of the delinquent bond, a description of the property mentioned in said bond and the name of the owner of such property (if known), and if unknown, the fact shall be so stated, the amount due thereon, and a statement that unless the amount of said bond and the interest thereon, together with the cost of publication of such notice are paid, the real property described in said bond will be sold at public auction on a day to be therein fixed, which shall not be less than fifteen nor more than thirty days from the date of the first publication of said notice, and the place of such sale, which must be the office of the said city treasurer. Affidavit of publication. Sulidivision b. The city treasurer, before the day of sale herein- after provided for, must file with the city clerk a copy of the publication, with an affidavit of the publisher of such newspaper or someone in his behalf, attached thereto, that it is a true copy of the same; that the publication was made in a newspaper, stating its name and place of publi- cation and the date of each appearance in which the said publication was made, which affidavit is primary evidence of all the facts stated therein. Cost of publication. Subdivision c. The city treasurer must collect, in addition to the amount due on such bond", the cost of publication of such notice, and fifty cents for the certificate of sale, as hereinafter provided. Owner may pay before sale. Subdivision d. At any time prior to the sale, the owner or person in possession of any real estate offered for sale under the provisions of this act may pay the whole amount of said bond then due, with costs, and such bond shall thereupon be canceled; but in case such payment is not made by such owner, or person in possession, or by someone in behalf of such owner, or person in possession, the property subject thereto shall be sold as herein provided. Act 3932, § 5 GENERAL LAWS. 2028 Sale of property. Suljiiivision e. At the sale, the property (IPsrriT)^^ in the hond shall be sold to the purchaser who will take the Ipast amount thereof and pay the amount due on the bond together with jienalties and coats. Eecord kept by city treastirer. Subdivision f. The fity treasurer, before delivering: any certificate, must, in a book kept in his office for that purpose, enter the date, number, and series of the bond, a description of the land sold corresponding with the desfription of the certificate, the date of sale, purchasers' name, the amount paid, regularly number the descriptions on the margin of the book, and put a corresponding number on each certificate. Such book must be open to public inspection durine office hours when not in actual use, and ho shall enter on the re^'ord of the bond the words "Canceled bj sale of the pro|>erty," giving the date of such sale. Purchaser vested with lien. Siilidivision g. Imnieii>erty, so sold to him, to the extent of his bid, annient of street improvement bonds to represent certain assess- ments for the cost thereof and providing a method for the payment of such bonds. [Approved April 7, 1911. Stats. 1911, p. 730.] Amended 1913, pp. 57, 78, 356, 540. PART I, § 1. Public streets defined. § 2. What work may be done. § 3. Resolution of intention. § 4. When chargeable on district. § 5. Notice of improvement. § 6. Protest and hearing. § 7. Jurisdiction — When acquired. § 8. Plans and specifications. § 9. Descriptions by reference. § 10. Inviting sealed proposals. § 11. Notice of awarding contract. § 12. Owners may take contract. § 13. Readvertising for bids. § 14. Delinquent contractors. § 15. Bond for faithful performance. § 16. Protesting erroneous proceedings. § 17. Advancing incidental expenses. § 18. Conditions in contract. § 19. Bond for labor and material. § 20. Methods of assessment. Subd. 1. Frontage assessment. 2. Main street crossings. 3. Main street terminations. 4. Allev and main street crossings. 5. Alley and subdivision street crossings. 6. Alley terminations. 7. One 'side of street. 8. Public property. 9. When owners may grade. 10. Diagram of assessment district. 11. Railroad property. § 21. Making the assessment. § 22. Warrant. 128 Act 3937 QENER.\L LAWS. 203:1 § 23. § 24. § 25. § 26. S 27. § 28. § 29. § 30. § 31. § 32. § 33. § 34. 5 35. § 36. § 37. § 38. § 39. § 40. § 41. § 42. § 43. § 44. § 45. § in. § 47. § 48. § 49. § 50. § 51. § 52. § 53. § 54. § 55. § 56. § 57. S 58. § 59. § 60. § 61. § 62. § 63. § 64. § 65. § (i6. Recording warrant, etc Demanding payment. Contractor's return. Final objections. Contractor's suit. New assessment permitted. vSelling promises on execution. Partial assessment. Repair.s. Suit for repairs. Additional penalty for neglect. Tenant may pass assessment. Service of notice. Accepted streets. Records of street stiperintendent. Duty of street superintendent. Damages — Defective streets. Partial expense from treasury. City engineer. Inspector. PART IL Change of grade. Claiming damages. Commissioners. Damages and benefits. Rejiort of commissioners. Notice of hearing report. Objections to report. Advertising for bids. Making assessment. Assessiiu'iitroll. Collecting assessments. Sale of projierty. Redeemable within one year. Separate funds. Notice of damages awarded. Condemnation proceedings. PART III. Serial bonds may be issued. When and where payable. Notice in resolution of intention. Notification to treasurer. Form of bond. Limitation, twenty-five dollars. Owner may stop issuance. Description of bonds. § 67. § 6S. § 69. § 70. § 71. § 72. § 73. § 74. s 75. § 76. § 77. § 77a § 78. -^035 STREETS. Act 3937, §§ 1,2 Penalty for default. Sale of property. Treasurer's affidavit. Costa and fees. Certifirate of treasurer. Lien on the property. RediMnption. Recording cerbifipate. Deed to purchaser. Absolute title. Railroad property. Ordering railroad companies to improve roadbed. No protests. PART IV. § 79. Definitions. § 79a. Places defined. § 80. Hearings. § 81. Publication and posting. § 82. Construction of act. § 83. Saving clause. § 84. Public work in unincorporated territory. § 85. County street superintendent. Compensation. § 86. Phraseology of bonds changed. § 87, Payment from general fund. § 88. Highway lighting district. Ordinance to describe district. Tax for maintenance. § 89. Names for roads. PART I. Public streets defined. § 1. All streets, lanes, alleys, places or courts, in the municipalities of this state now open or dedicated, or which may hereafter be open or dedicated to public use, shall be deemed and held to be open public streets, lanes, alleys, places or courts, for the purpose of this act, and the city council of each municipality is hereby empowered to establish and change the grades of said streets, lanes, alleys, places, or courts, and fix the width thereof, and is hereby invested with jurisdiction to order to be done thereon any of the work mentioned in this act under the pro- ceedings hereinafter described. -What work may be done. § 2. Whenever the public interest or convenience may require, the city council is hereby authorized and empowered to order the whole or any portion or portions, either in length or width of any one or more of the streets, avenues, lanes, alleys, courts, places or public ways of any such city graded or regraded to the official grade, planked or replanked, paved or repaved, macadamized or remaeadamized, graveled or Tegraveled, Act 3937, §§3,4 general laws. 2036 piled or replied, capped or recapped, oiled or reoiled, and to order the r-on struct ion or recoDstruction therein of sidewalks, crosswalks, culverts, hridj(es, gutters, curbs, steps, parkings and parkways, sewers, ditches, ools, man- holes, catch basins, flush tanks, septic tanks, connecting sewers, ditches, drain.s, conduits, channels and other appurtenances, pipes, hydrants anl appliances for fire protection and breakwaters, levees, bulkheads an 1 walls of rock or other material to protect the streets, avenues, lanes, alleys, courts, places, public ways and other jiroperty in any such city, from overflow by water, and to order any work to be done which shall be deetiicfl necessary to improve the whole or any portion of sach streets, avenues, sidewalks, lanes, alleys, courts, places, or public ways or prop- erty or rights of way of such city. Resolution of intention. § 3. Hcfore ordering any work done or improTcment made, which is authorized by this act, the city council shall pass a resolution of intention so to ilo referring to the street by its lawful or ofticial name, or the name by which it is commonly known, and briefly describing the work. Said rosolufion of intention shall be publislierovement, in the opinion of tho city council, is of more than local or ordinary public benefit, or 2037 STREETS. Act 3937, §§ 5, 6 whenever, according to estimate to be furnished by the city engineer, the tut;il ostiniatod t-osis and expenses thereof would exceed one-half the total assessed value of the lots and lands assessed, if assessed upon the lots or land fronting upon said proposed work or improvement, according to the valuation fixed by the last assessment-roll whereon it was assessed for taxes for municipal purposes, and allowing a reasonable depth from such frontage for lots or lands assessed in bulk, the city council may make the expense of such work or improvement chargeable upon a dis- trict, which the said city council shall, in its resolution of intention, de- clare to be the district benefited by said work or improvement, and to be assessed to pay the costs and expenses thereof. Notice of improvement. § 5. The street superintendent shall immediately after the adoption of the resolution of intention, cause to be conspicuously posted along the line of said contemplated work or improvement, at not more than three hundred feet in distance apart, but not less than three in all, or when the work to be done is only upon an entire crossing or intersection or any part thereof, in front of each quarter block or irregular block liable to be assessed, notices of the passage of said resolution. In case the work is chargeable upon a district as herein provided, copies of said notice shall also be posted along all the streets within such district at not more than three hundred feet in distance apart but not less than three in all on each street. Said notice shall be headed "Notice of improvement," in letters of not less than one inch in length; and shall, in legible characters, state the fact of the x>assage of the resolution of intention, its date, and briefly, the work or improvement proposed, and refer to the resolution of inten- tion for further particulars. Upon the completion of the posting of the notices of improvement the superintendent of streets shall forthwith cause to be filed in the office of the cit} clerk an affidavit stating the fact of the completion of the posting of such notices and the date of such com- pletion and thereafter all persons shall be deemed to have notice of the date of the completion of such posting. Protest and hearing. § 6. At any time within fifteen days after the date of the second publication of" the resolution of intention, or if the posting of the notice of improvement has been completed after the second publication of the resolution of intention, then w-ithin fifteen days after the date of the completion of the posting of the said notice of improvement, any owner of property liable to be assessed for said work may make written protest against the proposed work or against the extent of the district to be assessed, or both. Such protest must be in writing and be delivered to the said clerk of the city council, who shall indorse thereon the date of its receipt by him. At the next regular meeting of the city council after the expiration of the time within which said protest may be so made, the Act 3937, §§ 7-10 general laws. 2038 city council shall proceed to hear and pass upon all protests so made and its decision shall be final and conclusive; provided, however, that when the protest is against the proposed work, and the cost thereof is to be assessed upon the property fronting thereon, and the city council finds tliat such protest is made by the owners of a majority of the property fronting on the projtosed work, or wlirn the protest is against the pro- posoil work and the cost thereof is to be assessed upon the property witliin a district, and the city council finds that such protest is made by the owners of more than one-half of the area of the property to be assessed for said improvements, no further proceedings shall be taken for a period of six months from the date when said protest was received by tlio said clerk of said city council, unless the said protest be ovcrrul< d by an afTirmati-ve vote of four-fifths of the members of the city council. The city council may adjourn said hearing from time to time. Jurisdiction — When acquired. § 7. When no protests have been delivered to the clerk of the city council within fifteen days after the date of the second publication of the resolution of intention, or if the posting of the notice of improvemer.t has been completed after the second publication of the resolution of in tcMition, then within fifteen days after the date of the completion of th^^ l>ostirig of the said notice of imiirovement, or when a protest shall hav, been found by said city council to be insufTicient, or shall have been over ruled, or, when a protest against the extent of the proposed district, shall h.ivo been heard and denied, imnieiliatcly thereupon the city council shall be deemed to have acquired jurisdiction to order the proposed improve- uients. Plans and specifications. § 8. Before passing; any resolution for tlie cnn«tructif»n of improvr- iiionts, ])lans and specifications and careful estimates of the costs and expenses thereof shall bo furnished to said city council, if required by it. by tlie city engineer of said city; and for the work of constructing sewers, specifications shall always be furnished bv him. Descriptions by reference. § 9. In all n solutions. n(,iti('es. or«lers and det«rminations subsequent to resolution of intention and notice of improvement, it shall be sutfi cient to briefly describe the work or the assessment district or both and to refer to the resolution of intention for further particulars. Inviting sealed proposals. § 10. r.cfiiic tiu> awarding of any contract by the city rouncil for doing any work authorized by this act. the city council shall pass a resolution ordering the work. Notice, with specifications, shall be posted conspicuously for five days on or near the council chamber door of '■ ' council, inviting sealed proposals or bids for doing the work or Notice inviting such proposals, and referring to the specifications j 2039 STREETS. Act 3937, §§ 11 or on file, shall be published twice in a daily, semi-weekly, or weekly newspajier published and circulated in said city, designated by the coun- cil for that purpose, and in case there is no newspaper published in said city, then it shall only be posted as hereinbefore provided. The time fixed for the opening of bids shall be not less than ten days from the time of the first publication or posting of said notice. All "proposals or bids offered shall be accompanied by a check payable to the city certified by a responsible bank, for an amount which shall not be less than ten per cent of the aggregate of the proposal, or by a bond for the said amount and so pa^'ablo, signed by the bidder and two sureties, who shall justify, before any officer competent to administer an oath, in double the said amount, and over and above all statutory exemptions. Said pro- posals or bids shall be delivered to the clerk of the said city council, and said council shall, in open session publicly open, examine and de- clare the same; provided, however, that no proposal or bid shall be con- sidered unless accompanied by said check or bond satisfactory to the council. The city council may reject any and all proposals or bids should it deem this for the public good, and also the bid of any party who has been delinquent or unfaithful in any former contract with the munici- f»ality, and shall reject all proposals or bids other than the lowest regu- ar proposal or bid of any responsible bidder, and may award the contract for said work or improvement to the lowest responsible bidder at the prices named in his bid. If the bids are rejected or no bids received the city council may within six months thereafter readvertise for pro- posals or bids for the performance of the work as in the first instance, without further proceedings, and thereafter proceed in the manner in this section provided, and shall thereupon return to the proper parties the respective checks and bonds corresponding to the bid so rejected. But the cheeks accompanying such accepted proposals or bids shall be held by the city clerk of said city until the contract for doing said work, as hereinafter provided, has been entered into, either by said low-est bidder or by the owners of three-fourths part of the frontage, whereupon said certified check shall be returned to said bidder. But if said bidder fails, neglects or refuses to enter into the contract to perform said work or iuiprovement, as hereinafter provided, then the certified check accom- panying his bid and the amount therein mentioned, shall be declared to be forfeited to said city and shall be collected by it and paid into the general fund, and any bond forfeited may be prosecuted, and the amount due thereon collected and paid into said fund. Notice of awarding contract. § 11. Notice of such award of contracts shall be posted for five days, in the same manner as hereinbefc're provided for the posting of proposals for said work, and shall be published twice in a daily newspaper pub- lished and circulated in said city and designated by said city council, or in cities where there is no daily newspaper by one insertion in a semi- weekly or weekly newspaper so published, circulated and designated; pro- Act 3937, §§ 12-14 general l.\ws. 2040 vided, however, that in case there is no newspaper printed or published in any such city, then such notice of award shall only be kept posted as hereinbefore provided. Owners may take contract. § 12. The owners of three-fourths of the frontage of lots and lands liable to be assessed, or their agents, and who shall make oath that they are such owners or agents, shall not be required to present sealed pro- posals or bids, but may, within ten ay for any materials so furnished for the said work or improvement, or for any work or labor done thereon of any kind, that the sureties will pay the same, to an amount not exceed- ing the sum specified in said bond' Any materialman, person, company or corporation, furnishing materials to be used in the performance of said work specified in said contract, or who jwrformed work or labor upon the said iuii>rovement, whose claim has not been paid by the said contractor, companv or corporation, to whom the said contract was awarded, may, within thirty days from tlie time said i^nprovement is completed, file with the superintendent of streets a verified statement of his or its claim, together with a statement that the same, or some part thereof, has not been paid. At any time within ninety days after the filing of such claim, the person, company or corporation, filing the same, or their assigns, may commence an action on said bond for the recov- ery of the amount due on said claim, together with the costs incurred in" said action, and a reasonable attoruey fee, to be fixed by the court, for the prosecution thereof. 2043 STREETS. Act 3937, § 20 Assessment for street improvement. § 20. Subdivision 1. The expenses incurred for any work authorized liv this act (which expense shall not inolude the cost of any work done III such pt>rtion of any street as is required by law to be kept in order or repair by any person or company having railroad tracks thereon, nor include work which shall have been declared in the resolution of inten- tion to be assessed on a district benefited) shall be assessed upon the lots and lands fronting thereon, except as otherwise in this act specifically provided; each lot or portion of a lot being separately assessed, in pro- portion to the frontage, at a rate per front foot sufficient to cover the total expense of the work. Street crossings. Subdivision 2. The expense of the work done on main street cross- ings shall be assessed at a uniform rate per fronts foot of the quarter blocks and irregular blocks adjoining and cornering upon the crossings, and separately upon the whole of each lot or portion of a lot having any frontage in the said blocks fronting on said main streets, halfway to the next main street crossing, or to the end of such street if it does not meet another, and all the way on said blocks to a boundary line of the city where no such crossing intervenes, but only according to its frontage in said quarter blocks and irregular blocks. When street terminates in main street. Subdivision 3. Where a main street terminates in another main street, the expenses of the work done on one-half of the width of the street opposite the termination shall be assessed upon the lots in each ■of the two quarter blocks adjoining and cornering on that side, accord- ing to the frontage of such lots on said main streets, and the expense of the work on the other half of the width of said street when the work is sewering of the terminating street only, shall be assessed upon the lots fronting on the termination and the lots adjacent to said lots on each side halfway from the termination to the next terminat- ing or intersecting street, according to the frontage of such lots on that side, and in all other work done on the termination, the property fronting on the termination shall be considered frontage and be assessed as set forth in subdivision 1 of this section. Alley and main street crossings. Subdivision 4. Where any alley or subdivision street crosses a main street, the expense of all w"ork done on said crossing shall be assessed on all lots or portions of lots halfway on said alley or subdivision street to the next crossing or intersection, or to the end of such alley or subdivision street, if it does not meet another. Alley and subdivision crossings. Subdivision 5. The expense of vrork done on alley or subdivision street crossings shall be assessed upon the lots fronting upon such alley Act 3937, § 20 general laws. 2044 or subdivision streets on each side thereof, in all directions, halfway to the next street, place or court, on either side, respectivelv, or to the end of such alley or subdivision street, if it does not meet another. When alley terminates in street. .Subdivision <>. Where a subdivision street, avenue, lane, alley, place or i-ourt terminates in another street, avenue, lane, alley, place or court, the expense of the work done on one-half of the width of the sulidivision street, avenue, lane, alley, place or court opposite the ter- mination, shall be assessed upon the lot or lots fronting on such sub- division street, avenue, lane, alley, place or court so termiinating, ac- cording to its frontage thereon, halfway, on each side respectively, to the next street, avenue, lane, alley, place or court, or to the end of such street, avenue, lane, alley, place or court, if it does not meet another, and the expanse of the work on the other half of the width when the work is sewering of the terminating subdivision street, avenue, lane, alley, place or court, shall be assessed upon the lots front- ing on the termination and the lots adjacent to said lotfl on each side halfway from the termination to the next terminating or intersecting street, accoriling to the frontage of such lots on that side, and in all other work done on the termin.ation the property fronting on the ter- mination shall be considered frontage and be assessed as set forth in subdivision 1 of this section. Work on one side of street. Snbdivision 7. \\ her.' any work mentioned in this act (manholes, sewers, cesspools, culvt rts. crosswalks, piling and capping excepted) is done on one .tide of the cent.^r line of any street, or *'\vering or re sewering is ordered to be done under the sidewalk on only one side of any street for any length thereof, the assessment for the expenses thereof shall be made only upon the lot-s and lands fronting nearest upon that side of the street and for intervening inters«»<'tion8 only upon the two quarter blocks adjoining and cornering upon that side. Land belonging to United States or to state. Subdivision 8. NVhenover any lot, piece or parcel of land belonging to the Ignited States, or to the state of California, or any lot, piece or parcel of land belonging to any county, city, public agent, mandatory of the government, school board, educational, penal or reform insti- tution, or institution for the feeble-minded or the insane, and being in use in the performance of any public function, shall front upon the pro- posed work or improvement, or be included within the district declared by the city council in its resolution of intention to be the district to be assessed to pay the costs and exju^nses thereof, said city council may, in the resolution of intention. de>lare that said lots, pieces or parcels of land, or any of them, shall be omitted from the assessment thereafter to be made to cover the costs anil expenses of said work or improvement. In the event that said lots, pieces or parcels of land, or 2045 STREETS. Act 3937, § 20 any of them, shall by said resolution be omitted from the assessment, then the total expense of all work done shall be assessed on the remain- ing lots fronting on the work or improvement, or lying within the limits of the assessment district, without regard to such omitted lots, pieces or parcels of land. In the event that the council shall, in such resolu- tion of intention, declare that said lots, pieces or parcels of land so owned as aforesaid, or any of them, shall be included in the assess- ment, or in the event that no declaration is made respecting such lots, pieces or parcels of land, or any of them, then said city shall be liable for such sum or sums as may thereafter be assessed against any such lots, pieces or parcels of land so owned and used, and so included in the assessment by reason of the aforesaid declaration, or such lots, pieces or parcels of land so owned and used respecting which the resolution of intention makes no declaration, which shall be payable by the said city out of the general fund unless the legislative body shall in its resolution of intention designate another fund. Owners may improve street. Owner entitled, to credit. Subdivision 9. It shall be lawful for the owner or owners of lots or lands fronting upon any street, the width and grade of which have been established by the city eouneil, to perform, at his or their own expense (after obtaining permission from the council so to do, but before said council has passed its resolution of intention to order grad- ing inclusive of this), any grading upon said street, to its full width, or to the center line thereof, and to its grade as then established, and thereupon to procure, at his or their own expense, a certificate from the city engineer, setting forth the number of cubic yards of cutting and filling made by him or them in said grading, and the proportions performed by each owner, and that the same is done to the established width and grade of said street, or to the center line thereof, and there- after to file said certificate with the superintendent of streets, which certificate the superintendent shall record in a book kept for that pur- pose in his office, properly indexed. Whenever thereafter the city council orders the grading of said street, or any portion thereof, on which any grading certified as aforesaid has been done, the bids and contracts "must express the price by the cubic yard for cutting and fill- ing in grading; and the said owner or owners and his or their suc- cessors in interest, shall be entitled to credit, on the assessment upon his or their lots and lands fronting on said streets for the grading thereof, to the amount of the cubic yards of cutting and filling set forth in his or their certificate, at the prices named in the contract for said cutting and filling; or. if the grade meanwhile has been duly altered, only for so much of said certified work as would be required for grad- ing to the altered grade; provided, however, that such owner or owners shall not be entitled to such credit as may be in excess of the assess- ments for grading upon the lots and lands owned by him or them, and proportionately assessed for the whole of said grading; and the superin- tendent of streets shall include in the assessment for the whole of said Act 3937, § 20 general laws. 2046 grading upon the same grade the number of cubic yards of cutting and filling set forth in any and all certificates so recorded in his office, or for the whole of said grading to the duly altered grade so much of said certified work as would be required for grading thereto, and sh.ill enter corresponding credits, deducting the fame as payments npon the amounts asHesKcd against the lots and lands owned, respectively, by said certified owners and their successors in interest; provided, how- ever, that he shall not so include any grading quantities or credit any sums in excess of the proportionate assessments for the whole of the grading which are made upon any lots and lands fronting npon said street and belonging to any such certified owners or their successors in interest. Whenever any owner or owners of any lots and lands front- ing on any street shall have heretofore done, or shall hereafter do any work, (except grading) on such street, in front of any block, at his or their own cxjtense, and the city council shall subsequently order any work to be done of the same class in front of the same block, said work so done at the expense of such owner or owners shall be excepted from the order ordering work to be done; provided, that the work so done at the expense of such owner or owners, shall bo upon the oflSiial grade, and in condition satisfactory to the street superioteDdent at tbo time said order is passed. Diagram of property affected. Asseseraent. •Sulxlivisiiin In. Whenever the resdlution of intention declares that the cost and expenses of the work and improvement are to be assessed upon a district, the city engineer shall make a diagram of the property affected or benefited by the proposed work or improvement, a« described in resolution of intention, and to be assessed to pay the expenses thereof. Such diagram shall 5how each separate lot. piece or parcel of land, the area in square feet of each of such lots, pieces or parcels of land, and the relative location of the same to the work proposed to be (lone, all within the limits of the" assessment district; and when said diagram shall have been approved by the city council, the clerk shall certify the fact and date thereof. Immedialely thereafter the said diagram shall be delivereil to the superintendent of streets of said city, who shall, after the contractor of any street work has fnlfilled his contract to the satisfaction of said superintendent of streets or city council on appeal, proceed to estimate upon the lands, lots or portions of lots within said assessment district, as shown by said diagram, the benefits arising from such work, and to be received by each such lot, portion of such lot, piece or subdivision of land, and shall thereupon assess upon and against said lands in said assessment district the total amount of the costs and expenses of such work, and in so doing shall assess said total sum upon the several pieces, parcels, lots or portions of lots, and subdivisions of land in said assessment district benefited thereby, to wit: Upon each respectively, in proportion to the estimated benefits to be received by each of said several lots, portions of lots, or subdivisions of land. In other respects the assessment shall be as 2047 STREETS. Act 3937, §§ 21, 22 provided in the next section, and the provisions of subdivisions 1, 2, 3, 4, 5, 6 and 7 of tiiis section shall not be applicable to the work or improvement provided for in this subdivision. Railroad property. Siil)(li\'ision 11. The terms, lot, lots, lands, piece or parcel of land wherever mentioned in this act shall be deemed to include and shall include property owned or controlled by any person, firm or corporation as a railroad, street or intenirban railroad right of way, and whenever a railroad, street or intenirban railroad right of way shall front on or abut or parallel or be included with or divide longitudinally any street improved under the provisions of this act or shall be included within any district to be assessed for the cost of any improvement provided in this act, such railroad right of way (whether the same is owned in fee or as an easement) shall be included in the warrant, assessment and diagram and shall be assessed in the manner and with the same effect as other lots, lands or pieces or parcels of land are assessed as provided in this act, and such railroad, street or interurban railroad right of way shall be subject to sale for nonpayment of assessments as in this act provided, [.\mendment approved April 25, 1913; Stats. 1913, p. 79.] Making the assessment. § 21. After the contractor of any street work has fulfilled his con- tract to the satisfaction of the street superintendent of said city, or city council on appeal, the street superintendent shall make an assess- ment to cover the sum due for the work performed and specified in said contract (including all incidental expenses), in conformity with the pro- visions of the preceding section according to the character of the work done; or, if any direction and decision be given by said council on ap- peal, then in conformity with such direction and decision, which assess- ment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with all incidental expenses, the rate per front foot assessed, if the assess- ment be made per front foot, the amount of each assessment, the name of the owner of each lot, or portions of a lot (if known to the street superintendent); if unknown the word "Unknown" shall be written opposite the number of the lot, and the amount assessed thereon, the number of each lot or portion or portions of a lot assessed, and shall have attached thereto a diagram exhibiting each street or street cross- ing, lane, alley, place or court, on which any work has been done, and showing the relative location of each district, lot, or portion of lot to the work done, numbered to correspond with the numbers in the assess- ments, and showing the number of feet fronting, or number of lots assessed, for said work contracted for and performed. Warrant. § 22. To said assessment shall be attached a warrant, which shall be signed by the superintendent of streets, and countersigned by the mayor Act 3937, §§ 23, 24 general laws. 2018 of said city. The said warrant shall be substantially in the following form: Form of Warrant. By virtue hereof, I (name of the superintendent of streeto), of the city of , county of (or city and county of ), and state of California, by virtue of the authority veated in me as said super- intendent of streets, do authorize and empower (name of contractor) (his or their) agents or assigns, to demand and receive, the several assessments upon the assessment and diagram hereto attached and this sliuli be (his or their) warrant for the same. (Date) (Name of superintendent of streets.) Countersigned by (name of mayor.) Recording warrant, etc. § 23. S.iid warrant, and assessment, together with the certificate, if any, of the city engineer of the quantity and character of the work done, shall bo recorded in the ofiice of said superintendent of streets, the diagram shall there be filed. When so recorded the several amounts assessed shall be a lien upon the lands, lots, or portions of lotA asaessed, respectively, for the period of two years from the date of said record- ing, unless sooner discharged; and from and after the date of said recording of any warrant, assessment and certificate, all persons shall be deemed to have notii-e of the contents of the record thereof. After said warrant, assessment, and certificate are recorded, the same shall be delivered to the contractor, or his agent, or assigns, on demand, but not until after the j>ayment to the said superintendent of streets of the incidental ex|>euses not previously paid by the contractor, or hi* assigns; and by virtue of said warrant said contraetor, or his agent or assigns, shall bo authorized to demand and receive the amount of the several assessments made to cover the sum duo for the work specified in such contr.icts and as.sessments. Demanding payment. § 24. The contractor or his assigns, or some person in his or their behalf, shall call upon the persons assessed, or their agents, if they can conveniently be found, and demand payment of the amount assessed to each. If any payment be made, the contractor, his assigns, or some per- son in his or their behalf, shall receipt the sjime upon the assessment in presence of the person making such payment, and shall also give a separate receipt if demanded. Whenever the person so assessed, or their agents cannot conveniently be found, or whenever the name of the owner of the lot is .stated as '"Unknown" on the assessment, then the said contractor, or his assigns, or some person in his or their behalf, shall pubLiily demand payment on the premises assessed. 2049 STREETS. Act 3937, §§25, 2G Contractor's return. § 25. Tho warrant shall be returned to the superintendent of streets ■within thirty days after its date, with a return indorsed thereon, signed by the contractor, or his assigns, or some person in his or their behalf, verified upon oath, stating the nature and character of the demand, and whether any of the assessments remain unpaid, in whole or in part, and the amount thereof. Thereupon the superintendent of streets shall re- cord the return S'O made, in the margin of the record of the warrant and assessment, and also the original contract referred to therein, if it has not already lieon recorded at full length in a book to be kept for that purpose in his otlice, and shall sign the record. The said superintendent of streets is authorized at any time to receive the amount due upon any assessment list and warrant issued by him, and give a good and suificient discharge therefor; provided, that no such payment so made after suit has been commenced, without the consent of the plaintiff in the action, shall operate as a complete discharge of the lien until the costs in the action shall be refunded to the plaintiff; and he may release any assess- ment upon the books of his office, on the payment to him of the amount of the assessment against any lot with interest, or on the production to him of the receipt of the party or his assigns to whom the assessment and warrant were issued; and if any contractor shall fail to return his warrant within the time and in the form provided in this section, he shall thenceforth have no lien upon the property assessed; provided, how- ever, that in case any warrant is lost, upon proof of such loss a dupli- cate can be issued, upon which a return may be made, with the same effect as if the original had been so returned. After the return of the assessment and warrant as aforesaid, all amounts remaining due thereon shall draw interest at the rate of ten per cent per annum until paid, said interest to be computed from the date of the recording of the return. Final objections. § 26. The owners, whether named in the assessment or not, the con- tractor, or his assigns, and all other persons directly interested in any work done under this act, or in the assessment, feeling aggrieved by any act or determination of the superintendent of streets in relation thereto, or who claim that the work has not been performed according to the contract in a good and substantial manner, or having or making any objection to the correctness or legality of the assessment or other act, determination, or proceedings of the superintendent of streets, shall, within thirty days after the date of the warrant, appeal to the city council, as provided in this section, by briefly stating their objections in writing, and filing the same with the clerk of said city council. Notice of the time and place of the hearing, as fixed by the council, briefly referring to the work contracted to be done, or other subject of appeal, and to the acts, determinations, or proceedings objected to or com- plained of, shall be posted conspicuously by the clerk, on or near the 129 Act 3937, § 27 -general laws. 2050 chamber door of the council chambers, for five "laj-g. Upon sncli appeal, the said city council may remedy and correct any error or informality in the proccedinfTs, and revise and correct any of the acts or determinations of the superintendent of streets relative to said work; may confirm, amend, set aside, alter, modify or correct the assessment in such manner as to tliem bhall seem just, and require the work to be completed accord- inf( to the directions of the city council; and may instruct and direct the sujierintcndent of streets to correct the warrant, assessment, or dia- gram in any particul.ir, or to make and issue a new warrant, assessment, ami diagjain, to conform to the de< isions of said city council in relation thereto, at tlieir of>tinn. All the decisions and determinations of said city council, upon notice and hearing as afore.naid. shall be final and coiuhisi\e upon all persons entitled to appeal under the provisions of this section, as to all errors, informalities, and irregularities which said city council might have avoidcfl, or have remedied, during the progress of the proceedings, or which it can at that time remedy. No assessment, war- rant, diagram or affidavit of demand and nonpayment, after the issue of the same, ami no proceedings prior to the assessment, shall be held in- valid by any court for any error, informality, or other defect in the same, where the resolution of intention of the council to do the work, has been actually published as herein provided, and said notices of im- provement have been posted along the line of the work, as provided in section 5 of this act, before the passage of the resolution ordering the work to be done. Contractor's suit. § 27. At any time after the period of thirty-five days from the day of the flate of the warrants, as herein provided, or if an appeal is taken to the city council, as provided in section 26 of this act, at any time after five days from the decision of said council, or after the return of the warrant or assessment,* after the same may have been corrected, altered, or modified, as provided in said section 26 (but not less than thirty-five days from the date of the warrant), the contractor or his assignee may sue, in his own name, the owner of the land. lots, or por- tions of lots, assessed on the day of the date of the recording of the warrant, assessment, and diagram, or any day thereafter during the continuance of the lien of said assessment, and recover the amount of anv assessment remaining unpaid, with interest thereon at the rate of ten per cent i>er annum until paid. And in all cases of recovery under the provisions of this act, where personal demand has been made ujion the owner or his agent but not otherwise, the plaintiff shall recover such sum as the court may fix, in addition to the taxable cost as attorney's fees, but not any percentage upon said recovery. And when suit has been brought, after a personal demand has been made and a refusal to pay such assessment so demanded, the plaintiff shall be entitled to have and recover the sum of fifteen dollars as attorney's fees, in addition to all taxable costs, notwithstanding that the suit may be settled or a 2051 STREETS. Act 3937, §§ 28, 29 tender may be made before a recovery in said action, and he may have judgment therefor. Suit may be brought in the superior court within whose jurisdiction the city is in which said work has been done, and in case any of the assessments are made against lots, portions of lots, or lands, the owners thereof cannot, with due diligence, be found, the ser- vice of each of said actions may be had in such manner as is prescribed in the codes and laws of this state. It shall be competent to bring a single action umler any. such assessment irrespective of the number of lots assessed where the parties defendant are identical, and where sep- arate actions are brouglit, the same may be consolidated by order of the court. The said warrant, assessment, certificate and diagram, with the attidavit of demnnd and nonpayment, shall be held prima facie evidence of the regularity and correctness of the a.ssessment and of the prior pro- ceedings and acts of the superintendent of streets and city council upon which said warrant, assessment, and diagram are based, and like evi- dence of the right of the plaintiflF to recover in the action. New assessment permitted. § 28. Whenever, in any suit, the lien of an assessment or reassess- ment, or of a bond issued for the cost of such work, shall be held invalid for any cause arising subsequent to the publication and posting of the resolution of intention and the posting of the notices of improvement along the line of work, or because the work or any part thereof is not sufficiently described in the resolution of intention, the contractor or his assigns, or the holder of such bond, shall have the right, within sixty days thereafter, to apply for and receive a new assessment for the cost of the work done and sufficiently described in the resolution of intention, or specifications on file, such cost to be assessed upon the property and in the same manner as provided in sections 20 and 21 of this act; and the street superintendent shall, within twenty days after such applica- tion, make and deliver to said applicant a new assessment, warrant and diagram in accordance with the law governing the issuance of originals of such documents, and the mayor shall in like manner countersign the said warrant, which reassessment shall be a lien on the property so assessed for two years from the date of the recording of said reassess- m'ent and warrant and be enforced in the same manner as an original assessment would be enforced. If an appeal be taken from the judgment in which such an assessment is held invalid, the time herein provided for making application for a new assessment shall not begin until such case be in some manner finally disposed of. Selling premises on execution. § 29. The court in which said suit shall be commenced shall have power to adjudge and decree a lien against the premises assessed, and to order such premises to be sold on execution, as in other cases of the sale of real estate by the process of said courts; and on appeal, the appellate courts shall be vested with the same power to adjudge and decree a lien Act 3937, §§ 30, 31 general laws. 2052 and to order such premises to be sold on execution or decree as is con- ferred on the court from which an appeal is taken. Such premises, if sold, may be redeemed as in other cases. In all suits now pending or hereafter brought uDroven)ent, may, in its tliscretion, and not otherwise, upon the coir piction of two blocks or more of any improvement, order the strr. • snperintendent to make an assessment for the proportionate amount '■: the contract comjdeted. and thereupon proceedings and rights of col lection of such proportionate amount shall be had as provided in the preceding sections. Repairs. § 31. When any portion of any improved street, avenue, lane, alley, court, or place in said city, or any sidewalk constructed thereon shall be out of repair, or pending reconstruction, and in condition to en>"iiihlc All of sai.l bids shall be pre- -'053 STREETS. Act 3937, §§ 32-34 scived in his office and open at all times after the letting of the contract to the inspection of all persons, and such owner, tenant, or occupant shall ho liable to pay said contract price. Such work shall be commenced within twenty-four hours after the contract shall have been signed, and completed without delay to the satisfaction of said street superintendent. Upon the comjiletion of said repairs, or reconstruction, or both, by said contractors as aforesaid, to the satisfaction of said superintendent of streets, said superintendent of streets shall make and deliver to said contractor a certificate to the effect that said repairs, or reconstruction, or both, have been properly made by said contractor to the grade, and that the charges for the same are reasonable and just, and that he, said superintendent, has accepted the same. Suit for repairs. § 32. If the expenses of the work and material for such improvement, after the completion thereof, and the delivery to said contractor of said certificate, be not paid to the contractor so employed, or his agent or assignee, on demand, the said contractor, or his assignee, shall have the right to sue such owner, tenant, or occupant, for the amount contracted to be paid; and saitl certificate of the superintendent of streets shall be prima facie evidence of the amount claimed for said work and materials, and of the right of the contractor to recover for the same in such action. Said certificate shall be recorded by the said superintendent of streets in a book kept by him in his office for that purpose, properly indexed, and the sum contracted to be paid shall be a lien, the same as provided in section 23 of this act, and may be enforced in the same manner. Additional penalty for neglect. § 33. In addition, and as cumulative to the remedies above given, the city council shall have power, by resolution or ordinance, to prescribe the penalties that shall be incurred by any owner or person liable, or neglecting, or refusing to make repairs when required, as provided in section 31 of this act, which fines and penalties shall be recovered for the use of the city by prosecution in the name of the people of the state of California in the court having jurisdiction thereof, and may be applied, if deemed expedient by the said council, in the payment of the expenses of any such repairs not otherwise provided for. Tenant may pay assessment, § 34. Any tenant or lessee of the lands or lots liable may pay the amount assessed against the property of which he is the tenant or lessee under the provisions of this act, or he may pay the price agreed on to be paid under the provisions of section 30 of this act, either before or after suit brought, together with costs, to the contractor, or his assigns, or he mav redeem the property, if sold on execution or decree for the benefit of the owner, within the time prescribed by law, and deduct the amount so paid from the rents due and to become due from him, and for any sums so paid beyond the rents due from him, he shall have a lien Act 3937, §§35,36 GENERAL LAWS. 2054 upon and may retain possession of the sai*l land and lots until the amount so paid and advanced be satisfied, with legal interest, fVom acoru- inpr rents, or by payment by the owner. Service of notice. § 35. Notices in writing whi<'h are required to be given by the snper- interident of streets, under the provisions of this act. may be served by any person, with the permission of the su[>erintendent of streets, and the fact of suirli service shall be verified by the oath of the person making it, taken before the superintendent of streets, who for that pur- [»osc, and for all other purposes, and in all eases where a verification is required under the provisions of this act, is hereby authorized to admini.ster oaths, or other person authorized to administer oaths or suoh notices may be delivered by the superintendent of streets himself, who must also verify the service thereof, and who shall keep a record, of the tact of giving such notices, when delivered by himself personally, and .ilso of the notices and proof of service when delivered by any other person. Accepted streets. § 36, Wliiiiever any street, or portion of a ?treet, has been or shall hereafter be fully constructed and substantially paved in accordance with specifications adopted by the council, and to the satisfaction of the sui)erinten(!ent of streets and of the city council, and is in good condi- tion throughout, and a sewer, gas-pipes, and water-pipes are laid therein, under such regulations as the city council shall adopt, the same may be a<-ci'pted by the city council, by oidinance, for all time or for a term of years, as the council may determine, and thereafter the same shall be kept in repair and improved by the said municipality for the period of such acceptance; the exjHMise thereof, together with the assessment for street work done in front of city property, to be paid out of a fund to he provided by said council for that purpose; provided, that the city council shall not accept any portion of the street less than the entire width of the roadway (including the curbing), and one block in length, or one entire crossing; and provided further, that the city council may ])artially or conditionally accept any street, or portion of a street, with- out a sewer, or gas-pipes, or water-pipes therein, if the orowereJ to fix his compensa- tion for such services. Inspector. § 42. The sufierintendent of streets shall, when in his judgment it is necessary, ajijuiint a suitable per.sun or persons to take charge of and superinteiul tlie construttion and improvement of any work authorizt'd by this act, whose duty it shall be to see that the contract made for the doing of said work is strictly fulfilled in every respect, and in case ot any departure therefrom to report the same to the superintendent of streets. Such p)erson shall be allowed for his time actually employed iu the discharge of his duties such compensation as shall be just, but not to exceeil five dollars per day. The sum to which the party so employed shall be entitleil shall be deemed to be incidental exprovide for the actual cost of performing the work of regrading, repavitig, sewering, sidewalking, or curbing of said street or jiortion of street, with the same or other material with which it was foriMcily graded, i)aveu, sewered, sidewalked, or curbed; and that the cost of the same shall also be assessed upon the same district which is declared ,to be benefited by such changed or modified grade. One or more streets or blocks of streets may be embraced in the same resolu- tion. Such resolution shall be published twice in the newspaper in which the official notices of the city council are usually printed and pub- lished, to be designated in such resolution and shall describe the pro- posed change or modification of grade or regrading, and shall designate and cstablisli the district to be benefited by such change or modification of grade or regrading, and to be assessed for the cost of the same. The superintendent of streets shall also cause to be conspicuously posted within the district designated in the resolution, notice of the passage of said resolution. Said notice shall be the same in all requirements of contents and posting as the "notices of improvement" provided for in section 4 of this act. If no objection to said proposed change or changes, or modifications of grade, shall be filed with the clerk of the council within thirty days from the first publication of the resolution of inten- tion hereinbefore mentioned, or, if objections are presented and after due notice and hearing are overruled by the council, the city council shall have power to order and declare such grades to be changed and established in conformity to said resolution, w^hich order shall be posted by the clerk on the chamber door of the council for five days. Claiming damages. § a. Within thirty days after the first posting of said order, as aforesaid, any person owning property fronting upon said portions of the street or streets where such change of grade is made, may file a petition with the clerk of the city council showing the fact of such ownership, the description and situation of the property, its market value, and the estimated amount of damages over and above all benefits which the property would sustain by the proposed change if completed. Such petition shall be verified by the oath of the petitioners or their agents. Commissioners. § 45. Whenever such petition or petitions have been filed, the mayor, engineer or surveyor, and superintendent of streets of the city, or city and county, or board of public works if there be such a board acting as a board of commissioners, shall assess the benefits, damages, and costs of the proposed change of grade upon each separate lot of land situated within such assessment district showing the same by a plat as said lot appears of record upon the last city, or city and county assessment-roll. The commissioners shall be sworn to make the assessments of benefits Act 3937, §§ 46-49 general laws. 2058 and .lamages to the bpst of their judgment and ability, withont f«ar or favor. The commissioners shall have power to gubpocna witnesses to appear before them to be examined under oath, which any one of said commipsioners is authorized to administer. Damages and benefits. § 46. The commissioners having determined the damage which would be sustained by each petitioner, in excess of all benefits, shall proceed to assess the total amount thereof, together with the costs, charges, and expenses of the proceedings, upon the several lots of land benefiteil within the district of assessment, so that each of the lots shall be assosscfl in accorrlance with its benefits caused by such work or improve- ment; and during the progress of their work shall make a report to such city council as often as it may be required. Report of commissioners. § 47. Tlie commissioners shall make their report in writing, and shall subscribe to the same and file it with the city council. In their saiii report they shall apers published and circu- lated in said city, or city and county, or in a weekly or semi-weekly newspaper so published nnd circulated, that he has received said assess- niont-roll, and that all sums levied and assessed in said assessment-roll arc due and payable immediately, and that the payment of said sums is to be made to him within thirty days from the «late of the first publica- tion of said notice. Said notice shall also contain a statement that all asses.«ments not paid before the expiration of said thirty days will he declared to be delinquent, and that thereafter the sum of five per cent ujion the amount of such delinquent assessment, together with the cost of advertising each delinquent assessment will be added thereto. When payment of any assessment is made to said superintendent of streets, he shall write the word "Paid" and the date of payment opposite the 2061 STREETS. Act 3937, §§54-56 respective assessment so paid, and the name of the persons by or for whom said assessment is paid, and shall give a receipt therefor. On the ex])iration of said thirty days, all assessments then unpaid shall be and boi'ome dcliiuiuent, ami said superintendent of streets shall certify swch fact at the foot of said assessment-roll, and shall add five per cent to the amount of each assessment so delinquent. After the date of said delinquency no assessment shall be received unless said five per cent together with all costs be paid therewith. Sale of property. § 54. The said superintendent of streets shall, within five days from the date of such delinquency, proceed to advertise the various sums delinquent, and the whole thereof, including the cost of advertising, which last shall not exceed the sum of fifty cents for each lot, piece or parcel of land separately assessed. Said list of delinquent assessments, with a notice of the time and place of sale of the property affected thereby, shall be published twice in one or more daily newspapers pub- lished and circulated in such city, or in a weekly newspaper so pub- lished and circulated before the day of sale for such delinquent assess- ment. Said time of sale must not be less than seven days from the date of the first publication of said delinquent assessment list, and the place must be in or in front of the office of said superintendent of streets. If any assessment together with said penalty and costs be not paid before the time of sale the street superintendent shall proceed to sell and shall sell each lot, piece or parcel of land separately assessed at public auction to the bidder offering to pay the amount due for the least portion of such lot, piece or parcel of land so offered for sale, and shall issue a certificate therefor. If there be no bidder said property shall be struck off to the municipality. Redeemable within one year. § 55. All property sold shall be subject to redemption for one year by the payment of the amount of the assessment, penalty and costs and interest thereon at the rate of ten per cent per annum from the date of sale. The superintendent of streets shall, if there is no redemption, make and deliver to the purchaser at such sale, or his consignee, a deed conveving the property sold, and shall collect for each deed one dollar. The deed of the street superintendent, made after such sale, in case of failure to redeem, shall be prima facie evidence of the regularity of all proceedings hereunder, and of title in the grantee. Separate funds. § 56. The superintendent of streets shall from time to time pay over to the citv treasurer all moneys collected by him on account of any such assessments. The city treasurer shall, upon receipt thereof, place the same in a separate fund, designating each fund by the name of the street, square, lane, alley, court, or place for the change of grade for which the assessment was made. Payments shall be made from said Act 3937, §§ 57, 58 gexkilvl laws. 2062 fund to the parties entitled thereto, upon warrants signed by the com- missioners or a majority of them. Notice of damages awarded. § 57. Wlif'fi siinicieiit money is in the hands of the city treasurer, in the fund voted for the proposed work or improvement, to pay the total eost for damages, as well as for the cost of doing the work, and all other expenses connected therewith, it shall be the duty of the com- missioners to notify the owner, possessor, or occupant of the premises c munici[Kility to proceed with the proposed work or im|>rovements. In case of a deficiency in said fund to pay the whole assessed judgment and damages, the city council may. in its discretion, order the balance thereof to be paid out of the general fund of tiie treasury, or to t>e distributed by the com- missioners over the property assessed by a supplementary assessment: but in tlie last-named case, in order to avoid delay, the city council may advance such balance out of any available fund in the treasury, ami reimburse the same from the collection of assessments. The treasurer shall jiay such warrants in the order of their presentation; provided, tliat warrants for damages and for costs of performing the work shall have ])riority over warrants for charges and expenses, and the treasurer shall see that sulticient money remains in the fund to pay all warrants of the first class before paying any of the second. The provisions of section 11251 of the Code of (.'ivil Procedure. reropertv affected thereby, as the same is described herein, and in said recorded assessment with its diagram, to wit: tlie lot or parcel of land in said of , county of , state of California, . This bond is payable exclusively from said fund, and neither the nuiniiipality nor any officer thereof is to be hoMcn for payment other- wise of its principal or interest. The term of this bond is years from the second day of January next succeeding its date, and at the expiration of sjiid time the whole sum then unpaid shall be due and pay- able; but on the second day of .Tanu:iry of each year after its date an even annual proportion of its wliole amount is due and payable, upon 2065 STREETS. Act 3937, §§ 64-66 presentation of the coupon therefor, until the whole is paid, with all accrued interest at the rate of per centum per annum. The interest is payable semi-annually, to wit: On the second days of January and of July in each year hereafter, upon presentation of the coupons therefor, the first of which is for the interest from date to the next second day of , and thereafter the interest coupons are for semi-annual interest, except the last, which is for interest from the semi-annual payment next preceding and to the date of the final ma- turity of this bond. Should default be made in the annual payment upon the principal, or in any fiayment of interest from the owner of said lot or parcel of land, or anyone in his behalf, the holder of this bond is entitled to declare the whole unpaiil amount to be due and payable, and to have said lot or parcel of land advertised and sold fortliwith, in the manner provided by law. At said of this day of , in the year one thousand hundred and . City Treasurer of the of . Limitation twenty-five dollars. § 64. In case the amount of unpaid assessments upon any lot or par- cel of land shall be less than twenty-five dollars, then the same shall be collected as is hereinbefore provided in part 1 of this act. Owner may stop issuance. § 65. If any person, or his authorized agent, shall at any time be- fore the issuance of the bond for said assessment upon his lot or parcel of land j>resent to the city treasurer his aflSdavit, made before a com petent officer, that he is the owner of a lot or parcel of land in said list, accompanied by the certificate of a searcher of records that he is such owner of record, and with such afiidavit and certificate such person notifies said treasurer in writing that he desires no bond to be issued for the assessments upon said lot or parcel of land, then no such bond shall be issued therefor, and the payee of the warrant, or his assigns, shall retain his right for enforcing collection as if said lot or parcel of land had not been so listed by the street superintendent. Description of bonds. § 66. The bonds so issued by said treasurer shall be payable to the party to whom they issue, or order, and shall be serial bonds, as is here- inbefore described," and shall bear interest at the rate specified in the resolution of intention to do said work. They shall have annual cou- pons attached thereto, payable in annual order, on the second day of January in each year after the date of the bond, until all are paid, and each coupon shall be for an even annual proportion of the principal of the bond. They shall have semi-annual interest coupons thereto at- tached, the first"^ of which shall be payable upon the second day of Jan- 130 Act3D37, §§G7, 68 GENERAL LAWS. 206G nary or July, as the case may be, next after its date, anJ shall be for the interest acfruerl at tliat time, ami the last of which shall be for the amount of interest accruing from the second day of January or July, as the case may be, next preceding the maturity of said bonds to the ma- turity thereof. The city treasurer shall, in addition to his other duties in the premises, report all coupon payments of principal upon said bonds ro the street superintendent, who shall forthwith imlorse the same upon the margin of the record of the assessment to the credit of which the same is jiaid, and said assessment shall be a first lien upon the i»rop- erty affected thereby until the bond issued for the payment thereof, and the accrued interest thereon, shall be fully paid. Said bunds, by their issuance, shall be conclusive evidence of the regularity of al! jtroceediugs thereto under this act. Penalty for default. § 67. Whenever, through the default of the owner of any lot or jiarccl of land to represent the assessment upon which such bond has been, or may hereafter be, issued, and payment, either upon the prin- cipal, or of the interest, has not been, or shall not be ma«le when the same h:is become, or shall become due. and the holder of the bond there upon (leniands, in writing, that the said city treasurer proceed to adver tise and sell said lot or parrel of land as herein provided, then the whole bond or its unpaid remainder, with its accrued interest, as ex- jiressed in said bond, shall become due and payable immediately, and on the day following shall become delinquent. Sale of property. § 68. rpon the application of the holder of any b<>nd that is now or shall hereafter become deiinipient as hereinbefore i>rovided, the said < ity treasurer shall putdish twice in a newspaper of general circulation, to be designated by him, published in the city where his office is situ- attMJ, a notice which must contain the date, number, and series of the deliri(]uent bond, a description of the property mentioned in said bonlace of such sale, which must be the oflice of the said city treasurer. A like notice shall not less than fifteen days before the day of sale so fixed be served upon any such owner if known, either personally or by depositing the same in the postoffice at such city, addressed to such owner at his address, if known, with the postage thereon prepaid. At any time prior to the sale, the owner or person in possession of any real estate offered for sale under the provisions of this act may pay the 20G7 STREETS. Act 3937 J §69-73 whole amount of said bond then due, with costs, and such bond shall thereupon be canceled; but in case such payment is not made by such owner, or person in possession, or by someone in behalf of such owner, or person in jjossession, the property sul^ject thereto shall be sold at public auction to the bidder offering to j)ay the amount due on the bond with costs for the least portion of such lot or parcel of land offered for sale. Treasurer's affidavit. § 69, The city treasurer, before the day of sale hereinafter provided for, must file with the city clerk a copy of the publication with an alliduvit of the pjublisher of such newspaper, or someone in its behalf, attached thereto, that it is a true copy of the same; that the publication was maile in a newspaper, stating its name and place of publication and the date of each appearance in which such jiublication was made, which affidavit is prima facie evidence of all the facts stated therein. Costs and fees. § 70. The city treasurer must collect, in addition to the amount due on such bond, the cost of the publication of such notice, and fifty cents for the certificate of sale delivered to the purchaser as hereinafter pro- vided. Certificate of treasurer. § 71. The city treasurer, before delivering any certificate of sale must, in a book kept in his office for that purpose, enter the date, number and series of the bond, a description of the laud sold corresponding with the description in the certificate, the date of sale, purchaser's name, the amount paid, regularly number the descriptions on the margin of the book, and put a corresponding number on each certificate. Such book must be open to public inspection during office hours when not in actual use, and he shall enter on the record of the bond the words "canceled by sale of the property," giving the date of such sale. Lien on the property. § 72. Immediately on the sale, the purchaser shall become vested with a lien on the property, so sold to him, to the extent of his bid, and is only devested of such lien by the payment to the city treasurer of the purchase money, including costs herein provided for, with interest thereon at the rate of one per cent per month from the date of sale. Redemption. § 73. A redemption of the property sold may be made by the owner of the propertv, or anv party in interest, within twelve months from the date of purchase, or at any time prior to the application for a deed, as hereinafter provided. Redemption must be made in lawful money ot the United States, and when made to the city treasurer he must credit Act 3937, §§ 74,75 GENERAL LAWS. 20GS the aniount paid to the person named in his certificate, and pay it on demand to him or bis assignees. Recording certificate. § 74. On rpfc'iving the certificate of sale, the recorder must file it, r.iid iiiako an entry in a book similar to that required of the city treas- urer, the fee for which shall be fifty cents, and on presentation of the receiiU of the city treasurer for the total amount of the redemption money, the recorder must, without charge, mark the word "redeemed." the date, and by whom redeemed, on the margin of the book where the entry of the certificate is made. Deed to purchaser. § 7.'}. If tho property is not redeemed within the time allowed by the j)rovision8 of section 7.3 hereof for its redemption, the city treasurer, or his successor in office, ujion application of the purchaser or his a* signec, must make to said purchaser, or his assignee, a deed to the prop erty, reciting in the deed, substantially, the matter contained in the certificate and that no jierson has redeemed the property during the time .■lUowf'd for its redemption; the treasurer shall be entitled to receive from the purchaser two dollars for making saiil deed, which shall be de- posited in the city treasury for the use of the city after payment has iiocn iiiiiiic thorofroni for the acknowledgment of said deed; provided, however, that the jiurchaser of the property, or his assi(n>ce, or agent must, thirty days prior to the expiration of the time of the redemption, or thirty days before his application for a deed, serve upon the owner or agent of the projterty purchased, if named in such certificate of sale, and upon the party occupying the property, if the property is occupied, :i written notice, stating that said property, or a portion thereof, has been sold to satisfy the bond lien, the date of sale, the date, number, and series of tho bond, the auiount then due, and the time when the right of redemption will expire, or when the purchaser will apply for a deed, and the owner of the property shall have the right of redemption iiidelinitely, until such notice shall have been given and said deed ap- jilied for, ujion the payment of the fees, penalties, and costs in this act required. In case of unoccupied property, a similar notice must be jiosted in a cons|»icuous place upon the property at least thirty days ])efore the expiration of the time for redemption, or thirty days before the purchaser applies for a deed; and no deed to the property sold, in accordance with the provisions of this act, shall be issued by tho city treasurer to the purchaser of such property until such purchaser shall have filed with such treasurer an affiilavit showing that the notice hereinbefore required to be given has been given as herein req\iired, which said affidavit shall be filed and jireserved by the said treasurer as other records kept by him in his office. Such purchaser shall be entitled to receive the sum of fifty cents for his service of such notice and the making of such affidavit, which sum of fifty cents shall be paid ^069 STREETS. Act 3937, §§ 76, 77 l>y the redeinptioner at the time and in the same manner as the other sums, costs, and fees are paid. Absolute title. § 76. The deed, when duly acknowledged or proved, is primary evi- ilem-e of the rcf;ularity of all proceedings theretofore had and shall be lonchisive evidence of all things of which the bond upon which it is based is conclusive evidence, and prima facie evidence of the regularity of all proceedings subsequent to the issue of the bond, and conveys to the grantee the absolute title to the lands described therein, free of all encumbrances, excej>t the lien for state, county, and municipal taxes. Railroad property. § 77. Whenever any railroad track or tracks of any description exist upon the street or streets upon which the city council of any city has ordered an improvement to be made, and has excepted therefrom the portions used by the track, between the rails and for two feet on each side thereof, and between the tracks if there is more than one, the said order, unless said city council shall by resolution theretofore passed have declared the contrary, shall be deemed to be and constitute a re quiremont that the person or company having said railroad track or tracks thereon shall improve the said portion with improvements similar in all respects to, with the same materials, under the same specifications an«l superintendence, and to the like inspection and satisfaction as those ordered to be performed by said order ordering the work; pro- vided, however, that the city council may by ordinance require in- creased depth of concrete between, to the full depth of, or under the ties, or both, where and whenever the city council shall, in its judg- ment decide that this method of construction is necessary. The city council may also require by ordinance or otherwise, any person or com- pany aforesaid, to pave alongside of and contiguous to its rails with special types of brick or paving blocks. The resolution of intention and notice of proposed improvement shall be construed and are hereby de- clared to be notice to said person or company of the intention to order the same. Thereupon it shall be the duty of said person or company having such track or tracks on such street or streets to notify in writ- ing the superintendent of streets if such person or company elects to enter upon the direct performance of such work at its own charge and expense; said notice must be delivered to the superintendent of streets within ten days after the first publication of notice of award of con- tract. The omission or neglect to make such election shall be construed as constituting the superintendent of streets the agent of the owner of said track or tracks, with authority to enter into a contract made in accordance with the provisions of this section for making the said im- piovements. Said superintendent of streets shall advertise for bids for the improvement of said portions of the street or streets lying between the rails and for two feet on each side thereof, and between Act 3937, § 77 general laws. 2070 the tracks, if there be more than one. It shall be the duty of said city conncil to award the contract for the making of said improvements to the lowest regular responsible bidder. Such bidding and awarding of font;;!'ts shall be made in the same manner hereinbefore provided for the ;i\v;ir'ling of contracts for improvements excepting that no notice of award shall be published. Immediately upon the award, the sui>erintend- ent of streets shall enter into a contract with the person to whom said con- duct was awarded for the making of said improvement or improvements upon the portions of the street or streets described in said notice in- viting bids, and at the price stated in said bid. The contractor shall rxocute boixis in the manner required V>v section 15 of this act. I'pon the coniidotion of the work and its accpjitance, the street superintendent fhall make a certificate of such completion, together with a statement of the amount due under the terms of said contract for the perfor- mance of said work. Such certificate shall be countersigned by the mayor of said city, and shall be recorded in the office of said superin- tendent of streets. The contractor thereupon shall he entitled to pay ment of the full amount of s.iid contract price, and the recortling of such certificate shall be suf!icient notice to the owner of such track or tracks that said contract price is due and payable. In the event that such amount is not paid within thirty days from the date of the record ing of said certificate, the contractor may file a sworn statement to that effect with the superintendent of streets, who shall record the same in his office in the book in whirh the certificate of acceptance has been recorded. Said contractor shall thereupon have a cause of artton against said person or company owning said tracks for the amount of ?aid contract, together with a reasonable attorney's fee, and shall also have as a security for the recovery of su>-h amount, a first lien upon the track and franchises of said railroad, between whose rails or tracks the said work has been performed, contained within the corjiorate limits of the said city. In such suit, the certificate of the superintend- ent of streets, hereinbefore mentioned, shall be and constitute prima facie evidence of the regularity of all proceedings, and of the right C'f the contractor to recover judgment against said person or company. Kxecution may be taken out upon the entry of judgment, and levied u|ion any property of said person or comjmny subject to execution. In the event that said person or company shall file the written election to enter upon the direct performance of such work at its own cost and expense, no further proceedings shall be taken in the matter unless such person or company neglc ts or fails for thirty days, or for such furthc*- time as the city council may grant, to make said improvement. !• the event that the improvement of the portions of the street or street- above described between the rails anointed by the superintemlent of streets to take charge of and sui>erintenil any of the work mentioned in this act; also the expenses of making the assessment for any work author- ized bv this act. -Ml demands for incidental expenses mentioned in this subdivision shall be presented to the street superintendent by itemized bill, dulv verified by oath of the demandant. Fourth. The notices, resolutions, onlers or other matter required to be jiublishe.l by the provisions of this act. shall be published in a daily newsjiaper, "in cities where such there is, and where there is no daily newspajier, in a semi-weekly or weekly newspajier. to be designated by the council of such citv, as often as the same is issued, and no other statute shall govern or be applicable to the publications herein provided for- provided, however, that in case there is no daily, semi-weekly, or 2075 STREETS. Act 3937, § 79 weekly newspaper printed or circulated in any such city, then such notices, resolutions, orders or other matters as are herein required to be published in a newsj.aper, shall be posted and kept posted for the same length of time as required herein for the publication of the same in a daily, semi-woekiy or weekly newspaper, in three of the most public places in such city except where herein otherwise specitically provided. Proiif of the publication or posting of any notice provided for herein shall be made by affidavit of the owner, publisher, printer or clerk of the newspaper, or of the poster of the notice. No publication or notice, other than that provided for in this act, shall be necessary to give validity to any of the proceedings provided for therein. The word "twice" as used in this act, referring to the number of times notices, resolutions or other matters shall be published, shall be held to mean the publication of the same in two entire issues of a newspaper, one being on one day and the other issue being on a subsequent day of the same or a subsequent week. Fifth. The word "municipality" and the word "city," as used in this act, shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now exist- ing, and those hereafter organized, for municipal purposes. Sixth. The words "paved" or "repaved," as used in this act, shall be held to mean and include pavement of stone, whether paving blocks or macadamizing, or of bituminous rock or asphalt, or of iron, wood or other material, whether patented or not, which the city council shall by ordinance or resolution adopt. Seventh. The word "street," as used in this act, shall be deemed to, and is hereby declared to, include avenues, highways, lanes, alleys, crossings, or intersections, courts and places, which have been dedicated and accepted according to law or in common and undisputed use by the public for a period of not less than five years next preceding, and the term "main street" means such actually opened street or streets as bound a block; and the word "blocks," whether regular or irregular, shall mean such blocks as are bounded by main streets, or partially by a boundary line of the city. Eighth. The terms "street superintendent" and "superintendent of streets," as used in this act, shall be understood and so construed as to include, and are hereby declared to include, any person or officer whose duty it is, under the law, to have the care or charge of the streets, or the improvement thereof in any city. In all those cities where there is no street superintendent or superintendent of streets, the city council thereof is hereby authorized and empowered to ap- point a suitable person to discharge the duties herein laid down as those of street superintendent or superintendent of streets; and all pro- visions hereof applicable to the street superintendent or superintendent of streets shall apply to such person so appointed. Ninth. The term' "city council" is hereby declared to include any body or board which, under the law, is the legislative department of the government of any city. Act3937, §§ 79a-82 general laws. 2076 Tenth. In munieipalitifs in which there is no mayor, then the duties iinpo.sed upon sai.l ofTicer by the provisions of this act shall be performed by tho president of the board of trustees, or other chief executive officer of the nuiuicipality. Eleventh. The terms "clerk" and "city clerk," as nsfd in this act. are hereby declared to include any person or officer who shall be clerk of tlio said city council. Twelfth. The term "quarter block." as used in this act. as to irregu- l;ir blocks, shall be deemed to include all lots or portions of lots having any frontage on either intersecting street halfway from such intersec- tion to the next main street, or, when no main street intervenes, all the way to a bounrlary line of the city. 'i'liirteenth. The term "city treasurer" as used in this act shall be held to mean and include any person who, under whatever name or title, is the custodian of the funds of the municipality. "Places," defined. § 79a. The word "jdaces" as used in this act, shall be deemed tn. and is hereby declared to include any public pleasure ground and com nion which has been dedicated and accepteu according to law, and this act shall include the improvement of a public pleasure ground and cunimon. [New section approved .\pril 22, 1913; Stats. 1913, p. 57.] Hearings. § 80. Whenever in proceedings hereunder, a time and place for hear '"K Ijy tlie city council is fixed, ami. from any cause, the hearing is not then and there held or regularly adjourneil to a time and place fixed, the power of the city council in the premises shall not thereby be devested or lost but the city council may proceed anew to fix a time and place for the hearing, and cause notice thereof to be given by publication by at Ic.ist one insertion in a daily, semi-weekly or weekly newspaper, such publication to be at least five tinys bi-forc the date of the hearing, and tlicrcupon the city coum'il ^linll lii\i' ip.,«.r tn rut as in tlii> flrvt inst .inrf. Publication and posting. § 81. Whenever any resolution, oriltr, notice, or determination is rctpiired to be published or posted and the duty of posting or procur- ing the 7)ublication or posting of the same is not specifically enjoined ii|'(ni any oflicer of the city, it shall be the duty of the city clerk to I'ost or jirocure the i>ublication or posting thereof, as the case may he. No proceeding or step herein shall be invalidated or affected by any error or mistake or departure therefrom as to the officer or person post- ing, or pro<'uring the publication or posting, of any resolution, notice, order or determination hereunder when the same is actually published or jiosted for the time herein required. Construction of act. § 8*2. This act shall be liberally construed to the end that its purposes in.iy be efl'ectivc. No error, irregularity, informality, anil no neglect or 2077 STREETS. Act 3937, §§ 83, 84 omission of any officer of the city, in any procedure taken hereunder, which does not directly affect the jurisdiction of the city council to order the improvement, shall avoid or invalidate such proceeding or any assessment for the cost of work done thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the city council as herein provided. Saving clause. § 83. This act shall in no wise affect an act entitled "An act to provide for work upon streets, lanes, alleys, courts, places and side- walks, and for the construction of sewers within municipalities," ap- proved M.irch 18. 1885; or an act entitled "An act to provide a system of street improvement bonds to represent certain assessments for the cost of street work and improvement within municipalities, and also for payment of said bonds," approved February 27, 1893; or an act entitled "An act to provide for local improvements upon streets, lanes, alleys, courts, places and sidewalks, and for the construction of sewers within municipalities, such act to be known as the 'Local Improvement Act of l&Ol,' " which became a law February 26, 1901, or an act entitled "An act to provide for the improvement of public streets, lanes, alleys, courts, and places in municipalities, in eases where any damage to private prop- erty would result from such improvement, and for the assessment of the costs, damages and expenses thereof upon the property benefited there- by," which became a law April 21, 1909, or amendments to any of said acts, or any other acts on the same subject, or apply to proceedings had thereunder, but is intended to and does provide an alternate sys- tem for making the improvements provided for by this act; and it shall be in the discretion of the legislative body of any city to proceed, under the provisions either of this act or of such other acts; but when any proceedings are commenced under this act, the provisions of this act, and of such amendments thereof as may be hereafter adopted, and no other, shall apply to all such proceedings, and any provisions con- tained in said acts or any acts in conflict herewith shall be void and of no effect as to the proceedings commenced under this act. This act may be designated and referred to as the "Improvement Act of 1911," and shall take effect and be in force on its passage and approval. Public work in unincorporated territory. Terms interchangeable. § 84. The public work provided to be done under this act may be performed under the provisions of this act in unincorporated territory in counties, and all of the provisions of this act shall apply with equal force to such work subject to the definitions and modifications herein- after contained. Wherever the words "municipality," "municipalities" or "citv" shall appear in this act, they shall be and are hereby defined as including cities, cities and counties and counties, and are hereby expre'=;sly declared to be interchangeable with any or either of these terms Wherever the terra "city council' shall appear in this act, it shall be and is hereby defined as including the board of supervisors of Act 3937, § 85 gexeral laws. 2078 a county and is hereby expressly declared to be interchangeable with this term; and all of the provisions of this act extending authority to or imposing duties or obligations upon the city council shall apply with equal force to the board of suf)ervisors. Wherever the term "city en- gineer" shall appear in this act, it shall be and is hereby defined as including the county surveyor of a county, and is hereby expressly (icflarod to be interchangeable therewith; and all of the provisions of tliis act extending authority to or imposing duties or obligations upon the city engineer shall apply with equal force to the county surveyor. Wherever the terms "city ejerk," "clerk of the city council" or "clerk of the council" shall appear in this act. they shall be and are hereby defined as including the county clerk of a county, and are hereby ex |)ressly declared to be interchangeable therewith; and all of the pro- visions of this act extending authority to or imposing duties or obliga tions upon the city clerk, clerk of the city council or clerk of the coun- cil ^^hall a[)[ily with equal force to the county clerk. Wherever the terms "city treasury" or "municipal treasury" shall appear in this act, they shall be anply with equal force to the chairman of the board of supervisors. [New section approved Mav 30, 10i:5; Stats. 1913, p. 3.^6.] County street superintendent. Compensation. § 85. 'I'he board ol suptT\ isors of any county in which it is desired to perform work under the provi.^ions of this act shall be and they are hereby authorized to appoint a person to be known as the street su]ierintende:it of the said county who shall have all of the authority and perform all of the duties and obligations herein imposed upon the street superintendent, and shall be considered as designated wherever tlie words "street superintendent" or "superintendent of streets" are used in this act; and the board of supervisors may apfwint as many deputies for the said street su|>erintendent of the county as in their judgment may be proper and necessary, the said street superintendent to receive a com{>ensation of six dollars per day, and his deputies to receive a compensation of four dollars per day for their time actually expended. The office of the street superintendent shall be the office of '2079 STREETS. Act 3937, §§ 86-88 the county surveyor, and, at any time when no work is actually boing conducted under the provisions of this act, or when the street superin- tendent shall not be in his office, the county surveyor shall have charge of the records in the street superintendent's office and perform such duties as are herein imposed upon the street superintendent, and have such other authority as is herein granted to the street superintendent; and all of the provisions of this act extending authority to or imposing duties or obligations upon the street superintendent or superintendent of streets shall ajiply with equal force to the superintendent of streets ap pointed bv the board of supervisors. [New section approved May 30, 1913; Stats. 1918, p. 357.] Phraseology of bonds changed. § 86. In any bonds provided to be issued under the terms of this act, the phraseology of the said bonds shall be changed to conform to the designation of a county instead of city, and the officers herein- licfore mentioned on the part of the county shall be and they are hereby authorized to perform all of the duties herein by the provisions of this act or the provisions of the said bond specified to be performed. [New section approved May 30. 1913; Stats. 1913, p. 357.] Payment from general fund. § 87. If the board of supervisors shall determine that the whole or any jiart of the cost, and expenses of the work mentioned in this act shall be paid out of the treasury of the county, such payment, or any part of the same, may be made from the general fund of the county or i^eneral road fund of the county, or from the road district fund of the Kiad district in which the said improvement shall be constructed. [New section approved May 30, 1913; Stats. 1913, p. .358.] Highway lighting system. Ordinance to describe district. Tax for maintenance. § 88. If any public highway lighting system shall be installed under the provisions of this act, the board of supervisors may, by ordinance, provide, at any time before, after or during the proceedings under this act, that the cost of maintaining the said public highway lighting sys- tem, including the cost of necessary repairs, replacements, fuel, current, care and other items of like nature, shall be paid, either partly or wholly, by the district upon which the assessment shall be levied to jiay the cost of the installation of the same. The ordinance shall con- tain a description of the district to be assessed to pay for the installa- tion of the said lighting system and to be assessed to pay for the maintenance thereof, and also shall contain a designation or name of the said district by which it may be referred to in all subsequent pro- ceedings, and a copy of the said ordinance shall be filed in the office of the county assessor. The county assessor shall thereafter, m making np the assessment-roll, segregate the property included within the dis- trict described in the said ordinance on the assessment-roll under the Act 3937a, § 1 general laws. 20S0 designation contained in the said ordinance. The board of 8ur>€rvisor8 shall thereafter, in each year prior to the time of fixing the county tax rate, estimate the cost of maintaining the said public highway lighting system during the ensuing year, and shall decide whether or not the cost of thf same shall be borne wholly or partially by the said asses? raent district, and shall, in ad i pality is located, are hereby empowered to establish and change the -"■^1 STREETS. Act 3937a, §§ 2-4 I !es of said streets, lanes, alleys, avenues, places, or courts, and fix width tlieroof, and are hereby invested with jurisdiction to order to i.. done thereon any of the work mentioned in section 2 of this act, under till' proceedings hereinafter described. Council and supervisors may order such streets improved. § 2. Whenever the public interest or convenience may require, said council and said board of supervisors are hereby authorized and em- powered to order the whole, or any portion, either in length or width, of any streets, avenues, lanes, alleys, places or courts forming the exterior boundaries of any municipality, whether partly, or wholly, within or without said boundaries, graded or regraded to the official grade, planked or replankcd, paved or rcpaved, macadamized or reniacadamized, grav- eled, or regravelcd, piled or repilcd, capped or recapped, oiled or reoiled, sewered or resewered, and to order sidewalks, manholes, culverts, bridges, cesspools, gutters, tunnels, curbing and crosswalks to be constructed therein, and to order storm-water ditches, channels, breakwaters, levees or walks of rock or other material to protect the same from overflow or injury, and to order any other work to be done, which shall be necessary to complete the whole, or any portion of said streets, avenues, lanes, alleys, courts, places or sidewalks, and they may order any of said work to be improved; and also to order a sewer or sewers with outlets for drainage or sanitary purposes, in, over, or through any right of way granted or obtained for such purposes. Council and supervisors have concurrent jurisdiction. § 3. The council of each municipality, and the board of supervisors of the county in which said municipality is located, shall have concurrent jurisdiction of all proceedings under this act, and the council, or board, passing the resolution of intention hereinafter provided for shall there- affer have exclusive jurisdiction of all work and proceedings covered by said resolution, except as herein otherwise provided. Posting and publication of resolution of intention. Majority may object. Plans and estimates. When expense chargeable against district. § i. Before ordering any work done, or improvement made, which is nuthorized by section 2 of this act, the said council, or the said board of supervisors, shall pass a resolution of intention so to do and describing tlie work, which shall be posted conspicuously for two days on or near the chamber door of said council, or board, and published by two inser- tions in one or more daily, semi-weekly, or weekly newspapers published and circulated in said municipality, and designated by said council, or board, for that purpose. The street superintendent of said municipality, when the resolution is passed by said coimcil, or the county surveyor, when the resolution is passed by said board, shall thereupon cause to be conspicuously posted along the line of said contemplated work or im- provement, at not more than one hundred feet in distance apart, but not less than three in all, or when the work to be done is only upon an 131 Act 3937a, § 4 GENERAL LAWS. 2082 entire crossing, or any part thereof, in front of eact quarter block and irregular blofk liable to be assessed, notices of the passage of said reso- lution. Said notice shall be headed "Notice of Street Work," in letters of not less tiian one inch in length, and shall, in legible characters, state the fact of the passage of the resolution, its date, and briefly the work or improvement proposed, and refer to the resolution for further particu- lars. He shall also cause a notice, similar in substance, to be publish. 1 for six days in one or more daily newspapers published and circulated said municipality, and designated by said council, or board, or in rauni* i- palities where there is no daily newspaper, by one insertion in a semi- weekly or weekly newspaper so published, circulated and designated. In case there is no such paper published in said municipality, said notice shall be posted for six days on or near the chamber door of said council, or board, and in two other conspicuous places in said municipality. Tt • owners of a majority of the frontage of the proj>erty fronting on sa ' proposeil work or improvement, where the same is for one block or more, may iiiiike a written objection to the same within ten days after the ex- piration of tiie time of the publication and posting of said notice, whi'^b objection shall be delivered to the clerk of the council, or board, w: shall indorse thereon the date of its reception by him. Said council, i r board shall, at its next meeting, fix a time for hearing said objections not less than one week thereafter. The clerk of said council, or board, shall thereupon notify the persons making such objections, by depositing a notice of the time and place fixed for the hearing of said objections in the ]>ostofl[i(e of Faid municipality, postage prepaid, addressed to each objector, or his agent, when he appears for such objector. At the time specified said council, or board, shall hear the objections urged, and pass upon tlie same, and its decision thereon shall be final and conclusive, .^t the exjiiration of twenty days after the expiration of the time of said publication of said notice given by said street superintenclent, or county surveyor, and at the expiration of twenty-five days after the advertising and i>ostiiig. as aforesaid, of any resolution of intention, if no written objection to the work therein described has been delivered, as aforesaid, by the owi\era of the majority of the frontage of the property fronting on said proposed work or improvement or if any written objeotion has been oveirnled by the said council, or board, the said council, or board, shall bo ileemed to have acquired jurisdiction to order any of the work to be (lone, or improvement to be made, which is authorized by this act; which order or resolution, when made, shall be published for two days, the same as provided for the publication of the resolution of intention. Before passing any resolution for the construction of said improvements, plans and s|>ecifications anil careful estimates of the costs and exjvnses thereof shall be furnished to said council, or board, if required, by the city engineer of said municipality, or the county surveyor, and for the work of constructing sewers, specifications shall always be furnished by him. Whenever the contemplated work of improvement, in the opinion of the council, or board, is of more than local or ordinary public benefit, or whenever, according to estimate to bo furnished by the city engineer, 2083 STREETS. Act 3937a, §§ 5, 6 or county surveyor, the total estimated costs and expenses thereof would exceed one-half of the total assessed value of the lots and lands assessed, if assessed upon the lots or land fronting upon said proposed work or improvement, according to the valuation fixed by the last assessment-roll whereon it was assessed for taxes for county purposes, and allowing a reasonable depth from such frontage for lots or lands assessed in bulk, tlie council, or board, may make the expense of such work or improve- ment chargeable upon a district, which the said council, or board, shall, in its resolution of intention, declare to be the district benefited by said work or improvement, and to be assessed to pay the costs and expenses thereof. Objections to the extent of the district of lands to be affected or benefited by said work or improvement, and to be assessed to pay the costs and expenses thereof, may be made by interested parties in writing, within ten days after the expiration of the time of the publication of the notice of the passage of the resolution of intention. The council, or board, shall, at its next meeting, fix a time for hearing said objections not less than one week thereafter. The clerk thereof shall thereupon notify the persons making such objections by depositing a notice thereof in the postoffice of said municipality, postage prepaid, addressed to each objector. At the time specified the council, or board, shall hear the ob- jections urged, and pass upon the same, and its decision shall be final and conclusive. If the objections are sustained, all proceedings shall be stopped; but proceedings may be immediately again commenced by giv- ing the notice of intention to do the said work or make said improve- ments. If the objections are overruled by the council, or board, the proceedings shall continue the same as if such objections had not been made. Majority of owners may petition. § 5. The owners of a majority in frontage of lots and lands fronting on any street, avenue, lane, alley, place or court, or of lots or lands liable to be assessed for the expense of the work petitioned to be done, or their duly authorized agents, may petition the council, or board, to order any of the work mentioned in this act to be done, and the council, or board, may order the work mentioned in said petition to be done, after notice of its intention so to do has been posted and published as provided in section 4 of this act. Notice inviting bids. Certified check. Bids, contracts, etc. § 6. Before the a.warding of any contract by the council, or board, for doing any work "authorized by 'this act, the councij, or board, shall cause notice, with specifications, to be posted conspicuously for five days ■ on or near the council, or board, chamber door, inviting sealed proposals or bids for doing the work ordered, and shall also cause notice of said work, inviting said proposal, and referring to the specifications posted or on' file to be published for two days in a daily, semi-weekly, or weekly newspaper published and circulated in said municipality, designated by the council, or board, for that purpose, and in case there is no newspaper published in said municipality, then it shall only be posted as herein- Act 3937a, § 6 GENERAL LAWS. 2084 before provided. All proposals or bids offered sliaTl be aerompanied by a cbefk jiayable to the order of the mayor of the niuDioij)aIity, or presi- dent of the board of supervisors, certified by a responsible bank, for an amount whifh sliali not be less than ten per cent of the aggregate of the i>roposal, or by a bond for the said amount and so payable, signed by the bidder and by two surtvties, who shall justify, before any officer com petent to administer an oath, in double the said amount, over and above all statutory exemptions. Said proposals or bids shall be delivered to the clerk of said council, or board, and said council, or board, shall, in ojien session, examine and publicly declare the same; provided, however, that no proposal or bid shall be considered unless accompanied by said check or bond satisfactor}- to the council, or board. The council, or board, may reject any and all jToposals or bids should it deem this for the public pood, and also the bid of any party who has been delinquent and un- faithful in any former contract with the municipality or county, and shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award the contract for said work or improvement to the lowest responsible bidder at the prices named in his bid. If not approved by the council, or board, without further pro- ceedings, the council, or board, may readvertise for proposals or bids for the performance of the work as in the first instance, and thereafter proceed in the manner in this section provided, and shall thereupon return to the proper parties the respective checks and bonds corres; : 1 ing to the bid so rejected. But the checks accompanying such act -^ • i proposals or bids shall be held by the clerk of said council, or boarii, until the contract for doing said work, as hereinafter provided, has been entered into, cither by said lowest bidrler or by the owners of three fourths part of the frontage, whereujton said certifie*! check shall be re- turned to said bidiler. But if said bidder fails, neglects or refuses to enter into the contract to perform said work or improvement, as here- inafter proviiicd, then the certified check accompanying his bid and the ;imount therein mentioned, sh:ill be declared to be forfeited to said municipality, or county, and shall be colie<'ted by it and paid into its funii for rei>airs of streets, avenues, lanes, alleys, courts and plaees htreiii mentioned, and any bond forfeited may be projiecuted, and the amount due thereon collected and i>aiil into said fund. Notice of snch awards of contracts shall be postpil for five days, in the same manner ns hereinbefore provided for the posting of proposals for saiil work, and sh.Tll be published for two days in a daily newspaper published and cir- culated in said municipality and designated by said council, or board, or in municipalities where there is no daily newspaj^er, by one insertion in a semi-weekly or weekly newspaper so published, circulated and des- ignated; provided, however, that in case there is no newspaper printed or published in any such municipality, then such notice of award shall oulv be kept posted ns hereinbefore, proviiled. The owners of three- fourths of the frontage of lots and lands upon the street whereoa said 2085 STREETS. Act 3937a, § 6 work is to he done, or their agents, and who shall make oath that they are such owners or agents, shall not be required to present sealed pro- posals or bids, but may, within ten days after the first posting and pub- lication of said notice of said award, elect to take said work and enter into a written contract to do the whole work at the price at which the same has been awarded. Should the said owners fail to elect to take said work, and to enter into a written contract therefor within ten days, or to commence the work within fifteen days after the first posting and publication of said award, and to prosecute the same with diligence to completion, it shall be the duty of the superintendent of streets, or county surveyor, to enter into a contract with the original bidder to whom the contract was awarded, and at the prices specified in his bid. But if such original bidder neglects, fails or refuses, for fifteen days after the first posting and publication of the notice of award, to enter into the contract, then the council, or board, without further proceedings, , shall again advertise for proposals or bids, as in the first instance, and award the contract for said work to the then lowest regular bidder. The bids of all persons and the election of all owners, as aforesaid, who have failed to enter into the contract as herein provided, shall be rejected in any bidding or election subsequent to the first for the same work. If the- owner, or contractor, who may have taken any contract, does not complete the same within the time limited in the contract, or within such further times as the council, or board, may give them, the superintendent of streets, or county siirveyor, shall report such delin quency to the council, or board, which may relet the unfinished portion of said work, after pursuing the formalities prescribed hereinbefore for the letting of the whole in the first instance. All contractors, contract- ing owners included, shall, at the time of executing any contract for street work, execute a bond to the satisfaction and approval of the superintendent of streets, or county surveyor, with two or more sureties and payable to such municipality, or county, in such sums as the coun- cil, or board, shall deem adequate, conditioned for the faithful perform- ance of the contract; and the sureties shall justify before any person competent to administer an oath, in double the amount mentioned in said bond, over and above all statutory exemptions. Before being en- titled to a contract, the bidder to whom the award was made, or the owners who have elected to take the contract, must advance to the superintendent of streets, or county surveyor, for payment by him, the cost of publication of the notices, resolutions, orders, or other incidental expenses and matters required under the proceedings described in this act, and such other notices as may be deemed requisite by the council, or board. And in case the work is abandoned by the council, or board, before the letting of the contract, the incidental expenses incurred previous to such abandonment shall be paid out of the treasury of the municipality, or county. Act 3937a, §§7,8 GENERAL LAWS. 208G Duties of superintendent of streets. § 7. The supcrinteiKicnt of streets, or county surveyor, is hprcV>y authorized, in his official capacity, to make all written contracts, and receive all bonds authorized by this act. i^nd to do any other act, either cx[(res8 or implied, that pertains to the street departpient under this act; and he shall fix the time for the commencement, which shall not be more than fifteen days from the date of the contract, and for the completion of the work under all contracts entered into by him, which work shall 1)6 prosecuted with diligence from day to day thereafter to completion, ;uid he may extend the time so fixed from time to time, uttder the direc- tion of the council, or board. The work provided for in section 2 of this act must, in all cases, be done under the direction and to the satisfaction of the suj>erinteudent of streets, or county surveyor, and the materials used shall comply with the specifications and be to the satisfaction of .■faid sniioriDtendent of streets, or county surveyor, and all contracts made therefor must contain a provision to that effect, and also express notice that, in no case, except where it is otherwise provided in this act. will the municijiality, or county, or any ofTicer thereof, be liable for any j»or- tiop of the expense, nor for any delim^uency of persons or property assessed. The council, or board, m.iy, by ortlinance, prescribe general rules directing the superintendent of streets, or county surveyor and the contractor, as to the materials to be used, and the mode of executing the work, under all contracts thereafter made. The assessment and apfMir- tionriient of the expenses of all such work or improvement shall be made by the superintenilent of streets, or county surveyor, in the mode herein ])rovided. Contractor's bond covering labor and materials. § 8. I'lvery contractor, person, com|':iiiy, or corporation. incluersons, companies, or cor- porations who perform labor on. or furnish materials to be used in the said work of improvement, aud shall provide th;it if the contractor, per- son, company, or corjioration to whom saiil contract was awarded fails to pay for any materials so furnished for the said work of improvement, or for any work or labor done thereon of any kind, that the sureties will pay the same, to an amount not exceeding the sum specified in said bond. Any materialman, person, company or corporation, furnishing materials to be used in the performance of said work specified in said contract, or who performed work or labor upon the said improvement, whose claim has not been paid by the said contractor, company, or corporation, to whom the said contract was awarded, may, within thirty days from the time said improvement is com|ileted, file with the superintendent of 2087 STREETS. Act 3937a, § 9 streets or county surveyor, a verified statement of his or its claim, together with a statement that the same, or some part thereof, has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corporation filing the same, or their assigns, may commence an action on said bond for the recovery of the amount due on said claim, together with the costs incurred in said action, and a reasonable attorney fee, to be fixed by the court, for the prosecution thereof. Assessment of expenses. § 9. Sul). 1. The expenses incurred for any work authorized by this act (which expense shall not include the cost of any work done in such portion of any street as is required by law to be kept in order or repair by any person or comjiany having railroad tracks thereon, nor include work which shall have been declared in the resolution of intention to be assessed on a district benefited) shall be assessed upon the lots and lands fronting thereon, except as hereinafter specifically provided; each lot or portion of a lot being separately assessed, in proportion to the frontage, at a rate per front foot sufiScient to cover the total expense of the work. Expenses after completion to be borne by city. Sub. 2. The expense of all improvements, until the streets, avenues, street crossings, lanes, alleys, places, or courts, are finally accepted, as provided in section 18 of this act shall be assessed upon the lots and lands, as provided in this section, according to the nature and character of the work. And after such acceptance the expense of all work there- after done on the portion thereof lying within the municipality shall be paid by said municipality out of the street department fund, and all work thereafter done on the portion thereof lying without the boundaries of the municipality shall be paid by said county out of the general road fund, and if at any time thereafter the portion thereof lying without the boundaries of the said municipality shall be included within its bound- aries, then the expense of all work thereafter done thereon shall be paid by said municipality, out of the said street department fund. Main street crossings. Sub. 3. The expense of the work done on main street crossings shall be assessed at a uniform rate per front foot of the quarter blocks and irregular blocks adjoining and cornering upon the Crossings, and sepa- rately upon the whole of each lot or portion of a lot having any frontage in the said blocks fronting on said main streets, halfway to the next main street crossing, and three hundred feet on blocks where no such crossing intervenes within six hundred feet of such street crossing, but onJy according to its frontage in 5aid quarter blocks and irregular blocks. One main street terminating in another. Sub. 4. Where a main street terminates in another main street, the expenses of the work done on one-half of the width of the street opposite Act 3937a, § 9 general laws 20S8 the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and corneringf on the same, according to the frontage of euch lots on said main street; provided, that lots and land? more th:iii three hundred feot from such termination on such cross street shall not he assessed for any [lortion of such ex[iense at siuh termination, and ihi- expense of the oth^^r half of the width of said street upon the lot or lots fronting on the latter half of the street at such termination. Alley crossings. Sub. 5. \\'h('re an alley or subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all lots or portions of lots halfway on said alley or subdivision street to the next crossing or intersection, or to the end of such alley or subdivision street, if it does not meet another. Expense of work done on alley or subdivision street crossings. Sub. 6. The expense of work done on alley or subdivision street cross- ings shall be assessed upon the lots fronting upon such alley or subdivi- sion streets on each side thereof, in all directions, halfway to the next street, place or court, on either side, respectively, or to the end of such alley or subdivision street, if it does not meet another; provided, that lots and lands more than three hundred feet from such crossing on such alley or subdivision street shall not be assessed therefor. One alley terminating in another. Sul). 7. \\ here a subdivision street, avenue. Inne, alley, place, or court terminates in another street, avenue, lane, alley, place or court, the ex pcnse of the work done on one half of the width of the subdivision stroi •. avenue, lane, alley, place, or court opposite the termination, shall be :i sessed upon the lot or lots fronting on such subdivision street, or aven ,■ lane, alley, ]dace, or court so terniin.nting, according to its front;i_' thereon, halfway on each side respectively to the next street, avenu' lane, alley, court, or place, or to the end of such street, avenue, la' alley, place, or court, if it does not meet another; provided, that lots :ii lands located more than three hundred feet from such termination ■ such subdivision street shall not be assessed therefor, and the other oi.. half of the width upon the lots fronting such termination. Work done on one side of street center. Sub. S. Where any work mentioned in this act (manholes, cesspoi' - culverts, crosswalks, piling, and caj^jiing excepted) is done on either ■ both sides of the center line of any street for one block or less, ai further work opposite to the work of the same class already done i- ordored to be done to complete the unimproveil portion of said street, tl assessment to cover the total expenses of said work so ordered shall 1 made upon the lots, or portions of the lots only fronting the portio' - of the work so ordered. 2089 STREETS. Act 3937a, § 9 Act of 1859 not applicable. Sub. 9. Section 1 of fhapter 325 of the laws of this state, entitled "An act anieiKliitorv of and supplementary to an act to provide revenue for the support of the government of this state, approved April tvpenty- ninth, eighteen hundred and fifty-seven," approved April 19, 1859, shall not be apjilicnble to the provisions of this section; but the property herein mentioned shall be subject to the provisions of this act, and be assessed for work done under the provisions of this section. Different kinds of work may be included in resolution. Sub. 10. The council, or board, may include in one resolution of in- tention and order any of the different kinds of work mentioned in this act, and it may except therefrom any of said work already done upon the street to the olficial grade. The lots and portions of lots fronting upon said excejited work already done shall not be included in the front- age assessment for the class of work from which the exception is made. Engineer to make diagram of district. Superintendent of streets to esti- mate assessment. Sub. 11. Whenever the resolution of intention declares that the costs and expenses of the work and improvement are to be assessed upon a district, the council, or board, shall direct the city engineer, or county surveyor, to make a diagram of the property affected or benefited by the proposed work or improvement, as described in the resolution of inten- tion, and to be assessed to pa}- the expenses thereof. Such diagram shall show each separate lot, piece or parcel of land, the area in square feet of each of such lots, pieces, or parcels of land, and the relative location of the same to the work proposed to be done, all within the limits of the assessment district; and when said diagram shall have been approved by the council, or board, the clerk shall, at the time of such approval, cer tify the fact and date thereof. Immediately thereafter the said diagram shall be delivered to the superintendent of streets, or county surveyor, of said municipality, or county, who shall, after the contractor of any street work has fulfilled his contract to the satisfaction of said superintendent of streets, or county surveyor, and council or board on appeal, if an appeal is taken, proceed to estimate upon the lands, lots or portions of lots within said assessment district, as shown by said diagram, the bene- fits arising from such work, and to be received by each such lot, portion of such lot, piece or subdivision of land, and shall thereupon assess upon and against said lands in said assessment district the total amount of the costs and expenses of such proposed work, and in so doing shall assess said total sum upon the several pieces, parcels, lots, or portions of lots, and subdivisions of land in said district benefited thereby, to wit: upon each respectively in proportion to the estimated benefits to be received by each of said several lots, portions of lots, or subdivisions of land. In other respects the assessments shall be as provided in the next section and the provisions of subdivisions 3, 4, 5, 6, 7 and 8 of this section shall Act 3937a, §§ 10, 11 general laws. 2090 not be applicable to the work or improvement provided for in this sub- division. Street superintendent to make assessment. § 10. After the rontractor of any street work has fulfilled his con- tract to the satisfartion of the street superintendent, or county surveyor, and council, or board, on appeal, if an aiipeal is taken, the street supfr- intendont, or county surveyor, shall make an assessment to cover the sum due for the work performed and specified in said contract (including any incidental exjienses), in conformity with the provisions of the pre cedinp section according to the character of the work done; or, if any direction and decision be given by said council, or board, on appeal, then :n conformity with such direction and decision, which assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with any incidental expenses, the rate per front foot assessed, if the assessment be made jier front foot, the amount of each assessment, the name of the owner of each lot or portion of a lot (if known to the street superintendent, or county surveyor, if unknown the word "unknown" shall be written oppo site the nunil)or of the lot), ancl the amount assessed thereon, the number of each lot or portion or portions of a lot assessed, and shall have attiulied thereto a diagram exhibiting each street or street crossing, lane, alley, place, or court, on which any work has been done, and show- ing the relative location of each district lot, or portion of lot to the work done, numbered to correspond with the numbers in the assessments, and showing the number of feet fronting, or number of lots assessed, for said work contracted for and performed. Warrant. Form of warrant. Warrant, etc., recorded. Assessment lien upon land. When action to foreclose is defeated by error. § 11. To said assessment sliall be attached a warrant, which shall be signed by the superintendent of streets, or county surveyor, anil counter- signed by the mayor of said municifality, or the president of said board. The said warrant shall be substantially in the following form: Form of the Warrant. By virtue hereof, I (name of the superintendeiii ^i .->i. its) of the city of , count v of . (or county surveyor of county, or city and county of ), and state of California, by virtue of the authority vested in me as said superintendent of streets, or county surveyor, do authorize and emjiower (name of contractor), (his or their) agents or assigns, to de- mand and receive the several assessments upon the assessment and dia- gram hereto attached, and this shall be (his or their) warrant for the same. (Date.) Countersigned by (name of mayor of municipality or president of board). (Name of superintendent of streets or county surveyor.) -091 STREETS. Act 3937a, § 12 Said warrant, assessment, and diagram, together with the certificate of tlic city engineer, or county surveyor, shall be recorded in the office of said superintendent of streets, or county surveyor. When so recorded, the several amounts assessed shall be a lien upon the lands, lots, or por- tions of lots assessed, respectively, for the period of two years from the date of said recording, unless sooner discharged; and from and after the date of said recording of any warrant, assessment^ diagram and certificate, all persons mentioned in section 13 of this act shall be deemed to have notice of the contents of the record thereof. After said w.irrant, assessment, diagram, and certificate are recorded, the same shall be deli\cri'il to the contractor, or his agent, or assigns, on demand, but not until after the payment to the said superintendent of streets, or county surveyor, of the incidental expenses not previously paid by the contractor, or his assigns; and by virtue of said warrant said contractor, or his agent, or assigns, sha-ll be authorized to demand and receive the amount of the several assessments made to cover the sum due for the work specified in such contracts and assessments. Whenever it shall appear by any final judgment of any court of this state, that any suit brought to foreclose the lien of any sum of money assessed to cover the expense of said street work done under the provisions of this act has been defeated by reason of any defect, error, informality, omission, ir- regularity, or illegality in any assessment hereafter to be made and issued, or in the recording thereof, or in the return ^hereof made to, or recorded by said superintendent of streets, or county surveyor, any per- son interested therein may, at anj' time within three months after the entry of said final judgment, apply to said superintendent of streets, or county survej'or, who issued the same, or to any superintendent of streets, or count.v surveyor, in office at the time of said application, for another assessment to be issued in conformity to law; and said superintendent of streets, or county surveyor, shall, within fifteen days after the date of said ai>plication, make and deliver to said applicant a new assessment, diagram, and warrant in accordance w'ith law; and the acting mayor of the municipality, or president of the board, shall countersign the same as now provided by law, which assessment shall be a lien for the period of two years from the date of said assessment, and be enforced as provided in section 9 of this act. Contractor demands payment. Demanding payment on premises. Return of warrant. Superintendent may receive payments. Failure to re- turn warrant. Interest on delinquent amounts. § 12. The contractor, or his assigns, or some person in his, or their behalf, shall call upon the persons assessed, or their agents, if they can conveniently be found, and demand payment of the amount assessed to each. If ■ aiiy payment be made the contractor, his assigns, or some per- son in his or their behalf, shall receipt the same upon the assessment in presence of the person jnaking such payment, and shall also give a sepa- rate receipt if demanded. Whenever the persons so assessed, or their agents, cannot conveniently be found, or whenever the name of the Act 3937a, § 13 GENERAL LAWS. 2002 owner of the lot is stated as "unknown" on the assessment, then the sai>i contractor, or his assigns, or some person in his or their behalf, shall publicly flemanrl payment on the premises assessed. The warrant shall be returned to the suf>erintendent of streets, or county surveyor, within thirty days after its date, with a return indorsed thereon, signed by the contractor, or his assigns, or some person in his or their behalf, verified upon oath, stating the nature and character of the demand, and whether any of the assessments remain unpaid, in whole or in part, and the amount thereof. Thereupon the superintendent of streets, or county sur- veyor, shall record the return so made, in the margin of the record of the warrant and assessment, and also the original contract referred to therein, if it has not already been recorded at full length in a book to bo kr[it for that ])urpose in his oflRi^e, and shall sign the record. The said superintendent of streets, or county surveyor, is authorized at any time to receive the amount due upon any assessment list and warrant issued by him, and give a good and sufficient discharge therefor; provided, that no such payment so made after suit has been commenced, without the consent of the plaintiff in the action, shall operate as a complete dis- charge of the lien until the costs in the action shall be refunded to the pl;iiritiff; and he may release any assessment upon the books of his ofti -■»^ of ten per cent per annum until paid. Owners feeling aggrieved may appeal to council. Notice of hearing pub- lished. Decisions of council finaL § 13. The owners, wlietlier named in the assessment or not. the con- tractor, or his assigns, and all otlier persons directly interested in any work ])roviiled for in this act. or in the assessment, feeling aggrieved by any act or determination of the superintendent of streets, or county surveyor, in relation thereto, or who claim that the work has not been ])erformcd according to the contract in a good and substantial manner, or h.aving or making any objection to the correctness or legality of the assessment or other act, determination, or proceeerin- tcndent of streets, or county surveyor, shall, witJiin thirty days after the date of the warrant, appeal to the the pro sliall be governed and regulated by t; , — 'ns of th ~ when not in conflict herewith, by the codes of this state. This act shall be liberally construed to effect the ends of justice. Assessraenta before completion of improvement § 15. The council, or board, instead of waltui: i. .♦.-», of the improvement, may, in its discretion, and not completion of two blocks or more of any imjirove".- • superintendent, or county surveyor, to make ai jiortionate amount of the contract completed, ai • and rij;hts of collection of such proportionate aiuouut btiall be bad a» provided herein. Records of superintendent of streets. § 16. The rei-ords kept l.y the sup. . , i . ..ii nt of streets. ,■; ■ surveyor in conformity with the provisions of this act, and «i^'ned by him, shall have the same force and effect .ns other public reords. and copies therefrom, duly certified, may be used in tvi.lence with the same effect as the originals. The said records sh.ill, during all office hours, be ojien to the inspection of any citizen wishing to examine them, free ol char>io. Service of notices In writing. § 17. Notices in writing which are required to b«> -'iv, n hv »l .. «iir .r iiitendent of streets, or county surveyor, under the p mav be served by any person with the permission o . of streets, or county surveyor, ami the fact of such seivic«* yUnW b« \eri- tied by the oath of the person making it, taken before the superintendent of streets, or county surveyor, who for that purpose, and for all other 2095 STREETS. Act 3937a, §§ 18-20 purposes, and in all cases where a verification is required under the provisions of this act, is hereby autliorized to administer oaths, or other jiersons authorized to administer oaths, or such notices may be delivered by the sujierintendent of streets, or county surveyor, himself, who must also verify the service thereof, and who shall keep a record of the fact of giving such notices, wlien delivered by himself personally, and also of the notices and proof of service when delivered by any other person. Streets accepted by council. Lands may be assessed to construct sewer. § 18. WliiMiover any street, or portion of a street, has been or shal\ hereafter be fully constructed to the satisfaction of the superintendent of streets, or county surveyor, and of the council, or board, and is in good condition throughout and a sewer, gas-pipes, and water-pipes are laid therein, umler such regulations as the council, or board, shall adopt, the same shall be accepted by the council, or board, by ordinance, and thereafter shall be kept in repair and improved by the said municipality or county as herein directed; jirovided, that the council, or board, may partially or conetition therefor be filed as provided in this section, and any property owner who fails to file a petition for damages as hereinbefore provided, shall be deemed to have waived any and all claims for dam- ages caused by said improvement. Notice before awarding contracts. Bids. Application for acceptance of work. Commencement and abandonment of work. Contractor's bond. Materialmen's clr,ims. § 9. Before the awarding of any contract by the legislative body for doing any work authorized by this act, said legislative body shall cause notice, with s])ecifications, to be posted consjiicuously for five days on or near the chamber door of said legislative body, inviting sealed pro- posals or bids for doing the work ordered, and shall also cause notice of 2105 STREETS. Act 3937c, § 9 said work inviting said proposal, and referring to the specifications posted or on file, to be published for two days in a daily, or weekly newspaper published and circulated in said city, designated loy said legis- lative body for that purpose, and in ease there is no newspaper published in said city, then it shall only be posted as hereinbefore provided. Every bid shall be delivered to the clerk of the legislative body and shall be accompanied by a check certified by a responsible bank, amount- ing to ten per cent of the amount of the bid, payable to the order of the said clerk, or by a bond for the said amount, and so payable, signed by the bidder and by two sureties who shall justify before any officer competent to administer an oath, in double the said amount, and over and above all statutory exemptions, and said amount shall be forfeited to the city in case the bidder depositing the same does not, within ten days after written notice that the contract has been awarded to him, enter into a contract with the city to do the work, with the bonds here- inafter required. Said bids shall be opened by the legislative body in public session and publicly declared, and no bid shall be considered unless accompanied by said bond or said certified check. The legislative body must let the contract to the lowest responsible bidder, who shall give bond for the faithful performance of the work in such sum as may be required by it, with sureties satisfactory to said legislative body; provided, however, that the legislative body may reject any and all bids, should it deem this for the public good, and also the bid of any person who has been delinquent or unfaithful in the performance of any former contract with the city, or of any other contract let by or under the authority thereof. The contract must provide that the work shall be done under the supervision of the superintendent of streets, and no work shall be paid for until it has been accepted by the legislative body. Whenever the contractor desires the work, or part thereof, to be ac- cepted, he must make written application to that effect to the legislative bodj'. Upon the filing of such application for acceptance, the clerk of the legislative body shall give not less than five days' notice by pub- lication by two insertions in a daily or weekly newspaper, published and circulated in the city, or by posting for two daj's in three public places in the city, in case no such newspaper is published and circulated therein, that at a certain time and place, to be named in said notice, the legislative body of the city will hear and consider any objections to the acceptance of the work, or part of the work, for the acceptance of which said contractor has made such application, and only after such hearing shall any work be accepted. If upon such hearing any objections to the acceptance are made, and are sustained by the legisla- tive body, the legislative body must require the contractor to take such steps as will remove such objections; and in the event of his failure to do so, within such time as the legislative body shall prescribe, the legislative body may relet such portion of the work, and charge the con- tractor the cost thereof, together with all expenses incident to said reletting, and retain the same out of any moneys due, or to become due, to him under the contract, and also hold him and his sureties responsi- Act 3937c, § 10 GENERAL LAWS. 2106 ble therefor upon his bond. The contract shall provide that the work must be commenced within twent}' days after the contractor receives written notice from the superintendent of streets that there is sufficient money or bonds, or money and bonds in the special fund devoted to the proposed improvement to pay the contract price, and completed within such time as the superintendent of streets shall prescribe. If the contractor abandons the work or fails to proceed with the same as rapidly as required by his contract, the legislative body may relet the contract, or any portion thereof, and pay the cost of the same, and also any expenses incident to the reletting, out of any funds due, or to become due the contractor, and also hold him and his sureties respon- sible upon his bond for such costs and expenses, and also any damages resulting from such al)andonment. At the time of executing said con- tract the contractor shall file with the superintendent of streets a good and sufficient bond, approved by the superintendent of streets, in a sum not less than one-half the total amount payable by the terms of said contract. Such bond shall be executed by the principal and at least two sureties who shall qualify for double the sum specified in said bond, and shall be made to inure to the benefit of any and all persons, com- panies, or corporations who performed labor on or furnished materials to be used in the said work or improvement, and shall provide that if the contractor to whom said contract was awarded fails to pay for any material so furnished for the said work, or for any work or labor done thereon of any kind that the sureties will pay the same to an amount not exceeding the sum specified in said bond. .\ny materialman, person, company or corporation furnishing materials to be used in the perform- ance of said work specified in said contract or who performed work or labor upon the said iinprovenient whose claim has not been paid by the said contractor to vvliom the said contract was awariied, may, within thirty days from the time said improvement is finally accejited, filg with the superintendent of streets a verified statement of his or its claim, together with a statement that the same, or some part thereof, has not been paid. At any time within ninety days after the filing of such claim the person, company or corporation filing the same, or their as- signs, may commence an action on .^aid bond for the recovery of the amount due on said claim, together with the costs incurred in said action and a rtasouable attorney fee to be fixed by the court for the prosecution thereof. Upon the signing of the contract for the doing of the work the clerk of the legislative body, if there be no board of public works in said city, shall certify to such commission the amount of the contract price. Assessment for incidental expenses. Report. § 10. The commission shall, as soon as practicable, after determining what damages will be caused by said improvement, and, after the sign- intr of the contract for the work, assess the total amount of all the incidental expenses of such improvement, which shall include the neces- sary expenses and disbursements of the commission, the cost of making 2107 STREETS. Act 3937c, § 11 the assessment, and all expenses necessarily incurred by tbe city in con- nection with the proposed improvement for maps, diagrams, plans, sur- veys and other matters incident thereto, upon the respective lots or parcels of land in the assessment district described in the ordinance or resolution of intention, in proportion to the benefits to be received by such lots or parcels of land, respectively, from the said improvement, and shall make and file with the clerk of* the legislative body a report in writing containing the following: Lots damaged. 1. A schedule describing the lots or parcels of land belonging to each petitioner for damages and which will be damaged by said proposed improvement, stating the amount of damage to each lot or parcel as determined by the commission, and the name of the owner of each such lot or parcel of land so damaged. Diagram of district. 2. A diagram showing the assessment district, and also the boundaries and dimensions of the respective lots or parcels of land within said dis- trict, and each of such lots or parcels of land shall be given a separate number in red ink upon said diagram. Proposed assessment. 3. A proposed assessment of the total amount of damages that will be caused by said improvement, as determined by the commission, the total amount of contract price for the work and the total amount of the incidental expenses thereof as above specified, upon the respective lots or parcels of land in said district in proportion to the benefits to be received by such lots or parcels of land, respectively, from said im- provement.' Said assessment shall refer to such lots or parcels of land upon said diagram by the red ink numbers thereof, and need contain no other description thereof, and shall show the names of the owners, if known, otherwise designating them as unknown; but no mistake in the name of the owner of any lot or parcel of land shall affect the validity of the assessment thereon. In case the commissioners do not all agree, a majority of the whole number may make such report. Hearing on report. § 11. Upon the filing of the report provided for in section 10 hereof, the clerk of the legislative body shall present such report to the leg- islative body, which shall fix a day for the hearing thereof by said legislative body, which day shall not be less than twenty days from the date of filing "such report, and shall cause a notice of such hearing to be published by the clerk thereof, by three insertions in a daily news- [laper published and circulated in said city, or if there be no daily news- paper in said city, then by two successive insertions in a weekly news paper so published and circulated; or if no newspaper is so published Act 3937c, §12 general laws. 2108 and circulated, then by posting for two days in three public places in said city. Such publication shall be completed at least ten days before the date fixed for the hearing. Said notice shall state the fact that such report has been filed, and the date set for the hearing thereof, and require all persons interested to file with the clerk their objections, it any they have, to the confirmation of said report at or before the time fixed for the hearing. Objections to report. Decision on report. Recording of assessment and diagram. When assessment becomes delinquent. § 12. Any objection to said report shall be in writing signed bj- the objector, or his agent, and shall comply with the requirements of section 4 hereof for the form and substance of jirotests, and shall be filed with the clerk of the legislative body at or before the time fixed for the hearing. At the time fixed, or at any other time to which the hearing may be continued, the legislative body shall hear said report and any objections thereto, and any person interested may appear and be heard upon said rejiort and objections. After such hearing the legislative body shall pass upon the report, and may confirm, modify, or correct the same, or may confirm the report as modified or corrected, or order the commission to make and file a new report which shall be heard in like manner as the first report and after like notice of hearing. If no ob- jections are filed, or if the objections filed are not sustained, the legis- lative body shall confirm the rei>ort. The action of the . legislative body upon said report shall be declared bj' resolution entered upon its miiuites, and shall be final and font-lusive, except as to the damages to be caused by tlie proposed improvement; and when such report is con- firmed, or is confirmed as modified or corrected, the clerk of the legis- lative body shall transmit the diagram and assessment provided for in section 10 hereof, as finally confirmed, to the superintendent of streets. The superintendent of streets sliall thereupon record such assessment and diagram in his office, in a suitable book to be kept for that purpose, and a]ipend thereto his certificate of the date of such recording, and such record shall be the assessment roll. From the date of such record- ing all persons shall be deemed to have notice of the contents of such assessment-roll. Immediately upon such recording the several assess- ments contained in such assessment-roll shall become due and payaV>le. and each of such assessments shall be a lien upon the property against which it is made, jjaramount to all other liens, except liens for state, county and municipal taxes; and such liens shall only be discharged by payment of the assessment or by redemption of the land after sale for delinquency. The superintendent of streets shall, upon the recording of said assessment, give notice by publication for five days in a ilaily newspaper published and circulated in said city, or by two insertions in a weekly newspaper so published and circulated; or in case no such daily or weekly newspaper is so pulilislied and circulated in said city, then by posting such notice for four days in three public places in said 2109 STREETS. Act 3937c, §§ 13, 14 city, that said assessment has been recorded in his office and that all sums assessed therein are due and payable immediately, and that pay- ment of the said sums must be made to him within thirty days after the date of the first publication or posting, which date shall be stated in the notice. Said notice shall also contain a statement that all assess- ments not paid before the expiration of the said thirty da3-s shall be- come delinquent, and that thereupon five per cent upon the amount of each such assessment will be added thereto. When payment of any assessment is made the superintendent of streets shall mark opposite such assessment the word "paid," the date of payment, and the name of the person by or for whom the same is paid, and shall give a receipt therefor. Upon the expiration of said period of thirty days, all assess- ments then unpaid shall become delinquent, and the superintendent of streets shall mark each such assessment "delinquent" on said assessment roll, and add five per cent to the amount thereof. Publication of delinquent list. § 13. The superintendent of streets shall within thirty days from the date of such delinquency begin the publication of a list of the delin- quent assessments, which list must contain a description of each lot or parcel of land delinquent, and opposite each description the name of the owner stated in the assessment-roll, and the amount of the assessment and costs due, including the cost of advertisement, which cost of adver- tisement shall not exceed the sum of fifty cents for each parcel of land separately assessed. He shall append to and publish with said delin- quent list a notice that unless each assessment delinquent, together with the penalty and costs thereon, is paid, the property upon which such assessment is a lien will be sold at public auction at a time and place to be specified in the notice. Such publication must be made by five in- sertions in some daily newspaper published and circulated in. the city, or by two insertions in a weekly news]iaper so published and circulated, or, in case no such newspaper is so published and circulated in said city, such list of delinquent assessments and notice shall be posted in three public places in said city for five days. The time of sale must not be less than five days nor more than ten days after the last publication of said list or after the completion of such posting, as the case may be, and the place of sale must be in or in front of the office of the super intendent of street. At any time after such delinquency and prior to the sale of any piece of property assessed and delinquent, any person .may pay the assessment on such piece of property, together with the penalties and costs due thereon, including the cost of advertising, if such payment is made after the first publication of the list of delinquent assessments. Sale of property. § 14. At the time and place fixed for the sale the superintendent of streets must commence the sale of the property advertised, commencing Act 3937c, §§ 15, 16 general laws. 2110 at the head of the list, and continuing in numerical order of lots or parcels of land until all are sold; provided, that he may postpone or continue the sale from day to day until all the property is sold. Each lot or parcel of land separately assessed must be offered for sale scp .'irately, and the person who will take the least quantity of land and then and there pay the amount of the assessment, penalty and cost? due, inoluding fifty cents to the superintendent of streets for a certificate of sale, shall become the purchaser. Tn case there is no other purchaser for any lot or parcel of land offered for sale, the same shall be struck off to the city as purchaser. Certificate of sale. Lien vests in purchaser, § 15. After making the sale the superintendent of streets must ex- ecute in dujdicate a certificate of sale setting forth a description of the property sold, the name of the owner thereof as given in the assessment- roll, that said property was sold for a delinquent assessment (sjiceifying the inijirovenient for which the same was made), the amount for which such property was sold, the date of sale, the name of the purchaser, and the time when the purchaser will be entitled to a deed. The super- intendent of streets must file one copy of such certificate in his office, and deliver the other to the purchaser, or if the city is the purchaser, to the clerk of the legislative body, who shall file the same in his office. Upon the filing of the copy of such certificate in the office of the super intendent of streets, the lien of the assessment shall vest in the pur- chaser and is only devested by a redemption of the property as in this act provided. The superintendent of streets shall also enter upon the assessment-roll opposite the description of each piece of property offered for sale, the description of the portion thereof sold, the amount for which the same was sold, the date of the sale, and the name of the purchaser. Redemption of property sold. § 16. At any time before the expiration of one year from the date of the sale, any lot or parcel of land sold for a delinquent assessment may be redeemed by any party in interest by the payment to the super- intendent of streets of the amount for which the property was sold, and in addition thereto, ten per cent thereon if paid within six months from the date of sale; and twenty-five per cent if paid within twelve months. When redemption is made the superintendent of streets shall rote that fact and the date thereof on the duplicate certificate of sale on file in his office, and deposit the amount paid with the city treasurer, who shall credit the purchaser named in the certificate of sale with the sai^ amount and pay the same to such purchaser, or to his assigns, upon the surrender of the certificate of sale and upon satisfactory proof of assignment thereof, if any. When the city is the purchaser, the superin- tendent of streets shall notify the elerk of the legislative body of the re- I 2111 STREETS. Act 3937c, §§ 17, 18 demption, and such clerk shall thereupon cancel the certificate of sale thereof on file in his office. Deed after twelve months. Notice served on owner. Provisions to he complied with. § 17. At any time after the expiration of twelve months from the date of sale the superintendent of streets must execute to the purchaser, or to his assignee on his application, if such purchaser or assignee has complied with the provisions of this section, a deed of the property sold, in which shall be recited substantially the matters contained in the certificate, also any assignment thereof, and the fact that no person has redeemed the property. The superintendent of streets shall receive from the applicant for a deed, one dollar for making such deed, unless the city is the purchaser, in which case no charge shall be made therefor. The purchaser of his assignee, must at least thirty days before he ap- plies for a deed, serve upon the owner of the property, and upon the occupant of such property, if the same is occupied, a written notice, set- ting forth a description of the property, that said property has been sold for a delinquent assessment (specifying the improvement for which the same was made), the amount for which it was sold, the amount necessary to redeem at the time of giving notice and the time when such purchaser or assignee will apply to the superintendent of streets for a deed. If the said owner cannot be found, after due diligence, said notice must be posted in a conspicuous place upon said property at least thirty days before the time stated therein, at which the application for a deecf will be made. The person applying for a deed must file with the superintendent of streets an affidavit or affidavits, showing that notice of such application has been given, as herein required, and if the notice was not served on the owner of the property personally, that due diligence was used to find said owner; which affidavit or affidavits must be filed by the superintendent of streets in his office. If redemption of the property is made after such affidavits are filed, and more than eleven months from the date of sale, the person making such redemption must pay, in addition to the other amounts required, three dollars for the service of notice and the making of such affidavits, which amount shall be paid over to the purchaser, or his assignee, in the same manner as other sums paid for redemption. No deed for any property sold for de- linquent assessment shall be made until the purchaser, or his assignee, has complied with all of the provisions of this section, and filed the proper affidavits with the superintendent of streets. Such deed shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the execution thereof, and of title in the grantee. Special fund. Loan to special fund. § 18. The funds collected by the superintendent of streets under the proceedings herein provided for, either upon voluntary payment or as Act 3937c, §19 general laws. 2112 the result of sales, shall be paid by said superintendent of streets as fast as collected to the treasurer of said city, who shall place the same in a special fund designated by the number or name of the proceedings, and payment shall be made out of said special fund only for the pur- poses provided for in this act. To expedite the making of any such improvement the legislative body may at any time transfer into said special fund out of any money in the general fund such sums as it may deem necessary, and the sums so transferred shall be deemed a loan to such special fund, and shall be repaid out of the proceeds of the assess- ments provided for in this act; provided, however, that the legislative body of any municipality may, in its discretion, order by resolution entered upon its minutes that the whole, or any part, of the costs and expenses of any of the work mentioned in this act shall be paid out of the treasury of the municipality from such fund as the legislative body may designate, and whenever a part of such cost and expenses is so ordered to be paid the commission in making up the assessment hereto- fore provided for such cost and ex]ionses shall first deduct from the whole cost and expenses such part thereof as has been so ordered to be paid out of the municipal treasury, and shall assess the remainder of said costs and expenses proportionately upon the lots, part of lots and lands within the district to be assessed for such work, and in the manner heretofore provided. Lots owned by United States, etc., may be omitted from assessment. Lots may be assessed. § 19. Whenever any lot, piece or parcel of land belonging to the United States or to the state of California, or to any county, city, public agent, mandatory of the government, school board, public ed- ucational, penal, or reform institution, or institution for the feeble- minded or the insane, and being in use in the performance of any public function, is included within the district declared by the legis- lative body in the resolution of intention to be the district to be assessed to pay the costs and expenses of the improvement, the legislative body may, in its discretion, in the resolution of intention declare that such lots, pieces, or parcels of land so owned and in use, or any of them, shall be omitted from the assessment to be made to cover the costs and ex- penses of said work or improvement. In the event that said lots, pieces, or parcels of land, or any of them, shall by said resolution be omitted from the assessment, then the total expense of all work done shall be assessed on the remaining lots lying within the limits of the assessment district without regard to such omitted lots, pieces or parcels of land. In the event the legislative body shall in its resolution of intention de- clare that the said lots, pieces or jnircels of land so owned and in use, or any of them, shall be included in the assessment, or in the event that iio declaration is made respecting such lots, pieces or parcels of land, then such sum or sums as thereafter may be assessed against such lots, pieces or parcels of land so owned and used shall be payable by the city, 2113 STREETS. Act 3937c, §§20-22 out of its general funti, unless the legislative body shall in its resolution of intention designate another fund, aiiii the contract for said work or improvement thereafter made shall contain a provision to that effect. After all sales provided for in section 14 of this act have been made the superintendent of streets shall report to the city treasurer the amount collected. When awards of damages are payable. § 20. When sufficient money is in the hands of the city treasurer in the special fund devoted to the proposed improvement to pay the total amount of estimated damages therefrom, all expenses of the proceedings and the cost of doing the work, it shall be the duty of the superintend- ent of streets to notify the contractor for the work of that fact, and to draw demands on said special fund for the respective amounts of damages awarded by the report, and to notify the owner of each parcel of land declared by the report to be damaged, if the name of such owner is stated in the report, that the awards of damages are payable, and that he may receive the sum awarded to him on executing a release to the city of all liability for damages caused by said improvement. Such notification may be given by depositing a notice, postage prepaid, in the postoffice addressed to such person at his last known place of residence. Refusal to accept award. Actions to recover amount claimed. § 21. If any owner of property that will be damaged by the proposed improvement shall fail or refuse to accept the amount awarded to him by the report provided for in section 10 hereof, the legislative body may cause proceedings to be brought against him in the name of the city, in the proper superior court, to have the amount of damage to such property determined. Such proceedings shall conform, as nearly as may be, to the provisions of the Code of Civil Procedure, regarding eminent domain; provided, however, that the plaintiff shall not be re- quired to pay the amount of damages awarded within thirty days after judgment. In such proceeding the ordinance ordering the improvement shall be conclusive evidence of the necessity of the same. If no such proceeding is brought against him any owner of property that is dam- aged by the proposed improvement may decline to accept the amount awarded him, if any, and bring an action against the city to recover the amount to which he claims to be entitled. Any such action must be brought within thirty days after the final completion of the improve- ment. If in such action he fails to recover more than the amount awarded to him by the report aforesaid, he shall not recover costs. When assessments raise Insufficient amount. § 22. If the first assessment for any improvement under this act, or if the sale of any bonds issued to represent assessments under this act as hereinafter provided, fails to raise a sufficient amount of money to pay all costs, damages and expenses of the improvement, including any judg- ' 133 Act3937c,§§ 23-25 general laws. 21U ments rendered in the action and proceedings mentioned in section 21 and the costs and expenses of such action or proceedings, the legislative body may pay the deficit out of the general fund, or may order a sup- plemental assessment to raise such deficit, which shall be made and collected in the same manner, as nearly as may be, as the first assess- ment, and so on until suflBcient money shall have been raised to pay for such improvement. Improvement bonds. § 23. The legislative body of any municipal corporation of this state may, in its discretion, determine that improvement bonds may issue to represent assessments for the costs and expenses of improvements under this act. Such determination together with the term of such bonds, which shall not exceed twenty-five years from the second day of .Jan- uary next succeeding the date of such bonds, shall be declared in the ordinance of resolution of intention to do said work. Owner may elect to have bond issued. § 24. Whenever it is determined as provided in section 23 hereof that improvement bonds may be issued to represent assessments, the owner of any lot or parcel of land against which an assessment has been made when the amount of such assessment is fifty dollars (.$.30.00), or over, may at any time prior to delinquency, elect to pay such assessment in installments and to have an improvement bond issued against said lot or parcel of land, in the form and manner and with the effect provided in this act; provided, there be no other bond or bonds outstanding against said lot or parcel of land representing any special assessment. Method of making election to have bond issued. Defatdt in pasrment. Form of agreement. Record of election. Improvement bond. Owner may pay off. § 25. Such election shall be made by such owner, or his agent there- unto duly authorized in writing, by filing with the superintendent of streets an affidavit made before a competent officer that he or his prin- cipal, as the case may be, is the owner of the lot or parcel of land in question, and that there is no other bond outstanding against said lot or parcel of land representing any special assessment, which affidavit must be accompanied by a certificate of a searcher of records that he or his principal is such owner, and that there is no other bond outstanding against said lot or parcel of land representing any special assessment, and also by filing with such officer a written agreement upxjn the form hereinafter provided, waiving all objections of whatsoever kind or nature against the assessment and all proceedings thereto and undertaking to pay the amount of such assessment in such number of equal annual install- ments as shall be provided in the ordinance or resolution of intention, each of which installments shall be due on the second day of January next following the date of such bond, with such rate of interest per annum as shall ''be designated in the ordinance or resolution of intention and 2115 STREETS. Act 3937c, § 25 which shall be payable semi-annually on the second day of January, and July thereafter. Said agreement shall contain a provision to the effect that in case of default in the payment of any installment of the principal provided for therein, or interest accrued on deferred payments, at the time called for by said agreement, then, and in that event, the entire romaining unpaid installments shall become immediately due and pay- able, and that the same, and all liens and agreements which are security therefor, may be collected and enforced as in this act provided. Said agreement shall be in the following or substantially the following form (filling blanks) : The undersigned, being the owner of a certain lot assessed in the pro- ceeding for said lot being assessed therein for the sum of ($ — — ) dollars, does hereby expressly waive and release all objections of whatsoever kind or nature against the said assessment and all pro- ceedings prior thereto and in consideration of the benefit of said im- provement and of the extension of time for paying therefor herein requested, do undertake and agree to pay the amount of said assess- ment, to wit: the sum of ($ ) dollars in yearly install- ments, at the time, and in the manner specified and provided in (title of act), and do request and elect to have a bond issued against said lot in the manner and form and with the effect provided in said act, and do expressly agree that in the case of default in the payment of any installment of the principal provided for in said bond, or interest accrued on deferred payment, then, and in that event, that the entire remaining unpaid installments shall become immediately due and pay- able, and that the same and all liens and agreements which are security therefor, may be collected, and enforced as in said act provided. Upon an election being effected as herein provided the superintend- ent of streets or other officer having in his custody said assessment shall make a note thereof in his records opposite the assessment as to which such election is made. All agreements and affidavits made and filed hereunder shall be bound in a substantial book and kept among the records of the superintendent of streets, or other officer having custody of such assessments At the time of delinquency, such officer shall ad- vise, in writing, the city treasurer respecting the assessments as to which the owners have elected to pay in installments. The city treas- urer shall thereupon prepare a separate bond representing each assess- ment as to which such right of election has been exercised, as specified in the agreement made as herein provided, which bond shall be in the following or substantially the following form (filling blanks): Improvement Bond. Series $ •. No. . Under and by virtue of and pursuant to the provisions of (title of act), I, out of the fund for the above designated improvement Act 3937c, § 25 general laws. 2116 bonds, series will pay to bearer the sum of ($ ) dollars with interest at the rate of per cent per annum, as is hereinafter speci- fied, at the office of the city treasurer of the city of . state of California. This bond is issued to represent an assessment for in the city of , as the same is more fully described in the assess- ment therefor. Its amount is the amount assessed in said assessment againt the lot numbered therein and in the diagram attached thereto, and which now remains unpaid; but until paid, with accrued interest, is a first lien upon the property affected thereby, as the same is described herein, and in said recorded assessment with its diagram, to wit: the jot or parcel of land in the city of county of state of California, described as follows: and it is issued in accordance with the written request therefor on file in the office of the of said city. This bond is payable exclusively from said fund, and neither the city of , nor any officer thereof is to be holdcn otherwise for its prin- cipal or interest. The term of this bond is years from January second, 19 — , and at the expiration of said time the whole sum then unpaid shall be due and payable; but on the second day of .Tannary of each year, after the date hereof, an e\en annual proportion of its principal is due and paj'able upon presentation of the coupon therefor. until the whole is paid, with accrued interest, at the rate of per cent per annum. The interest is payable semi-annually on the second day of January and July in each year hereafter upon presentation of the coupons there- for, the first of which is for the interest from date to the second day of , 19 — , and thereafter the interest coupons are for the semi- annual interest. Should default be made in the first, or any succeeding payment of the principal, or in any payment of interest, by the owner of said lot. or anyone in his behalf, the holder of this bond is entitled to declare the whole unpaid amount to be due and payable, and shall thereupon have a right to collect the same and to enforce all liens and agreements which are security therefor as in said act provided. At said city of , this day of in the year one thousand nine hundred and . City treasurer of the city of . Said bonds shal" be payable to the bearer and no mistake or error in the descrijttion in the bond of the lot assessed shall aflFect the validity or lien of the bond, unless the mistake or error is sucli that the lot cannot be identified, and in such event the holder pf such bond may have the same corrected upon application to tlie city treasurer and the officers or board who or which made the assessment to represent which such bond is issued. The owner of, or any person interested in, 2117 STREETS. Act 3937c, § 26 any lot or parcel of land upon which a bond has been issued under the terms of this act, may at any time pay off such bond and discharge his land from the lien of the assessment, by paying to the city treas- urer, for the holder of such bond, the amount then unpaid or the prin- cipal sum th'^reof, and all interest thereon which has accrued and is unpaid, together with the semi-annual installment of interest which will next become due thereafter, and in addition thereto, interest for two years at the rate specified in the bond upon the unpaid amount of the principal. New assessment. When court declares assessment invalid. City may set aside assessment and make reassessment. Procedure. Payments on original assessment credited. § 26. Whenever any assessment or any bond to represent the amount of such assessment, made or issued under the provisions of this act, has been set aside by any court of competent jurisdiction, or such court has refused to enforce any assessment, or has decreed any such bond not to constitute a valid and subsisting lien against the lot, piece or parcel of land upon which such assessment has been levied, then the superin- tendent of streets shall cause a new assessment to be made for the same purpose for which the former assessment was made, whether any of the assessments have been paid or not, and new bonds shall in regular course thereafter issue in the event that bonds were issued under or provided for in the original assessment. It is hereby made the duty of any court of competent jurisdiction in rendering its judgment holding invalid any assessment hereafter made, or of any bond hereafter issued to represent the amount of any such assessment, to make a finding as to whether or not the making of such assessment was entirely without the power of the said city, and if not, then what omission, irregularity, illegality, informality or noncompliance with the requirements of this act has occurred in the proceedings upon which said assessment or assessments and bonds rest, and what effect shall be given to them in making the reassessment. In the event that the court shall find that the proceed- ing, the expenses of which are represented by said assessment or bonds, was commenced in good faith and carried on pursuant to an ordinance or resolution of the city council providing for such improvement to be paid for by a special assessment, it shall be the duty of the said court to order the making of a new assessment. The city council may, at the request of any interested party, or on its own motion, by resolu- tion duly passed, set aside any assessment or assessments and bonds, to be made and issued without any decree having been obtained of or from any court regarding said matter, if in its opinion the assessment be invalid, and it may take all necessary steps and make and pass all neces- sary orders, resolutions or ordinances to reassess and relevy such assess- ment, and may reassess and relevy the same with the same force and effect as an original levy. Such reassessment, whether made after decree of court has been ren- dered, or pursuant to a resolution of the council, shall be based upon the Act 3937c, §26 general laws. 2118 special and peculiar benefit of the proposed improvement to the respec- tive lots, pieces or parcels of land assessed. The total amount of the reassessment shall not exceed the total amount of the original assess- ment. Such reassessment so made shall become a charge upon the proi>- erty upon which the same is levied, notwithstanding any omission, failure or neglect of any officer, body or person to comply with the provisions of this act, and notwithstanding the fact that the proceed- ings of the city council, board of public works or any officer of the city or other person connected with such proceedings, may have been irregu- lar, illegal, informal or defective, or not in full conformity with the requirements of this act. It is hereby declared to be the true intent and meaning of this section to make the cost and expense of all local imj)rovements actually made or proposed to be made in the attempted exercise of the powers conferred upon municipalities under this act, payable by the real estate benefited or to be benefited by such improve- ments by making a reassessment therefor which shall equitably propor- tion to each lot, each piece or parcel of land thereby benefited the amount of the actual benefits derived or to be derived from said im- provement, notwithstanding that the proceedings of the city council or other officers or agents of the city, or other persons connected there- with may have been irregular, illegal or defective, or not in full con- formity with the requirements of this act. Such reassessment shall be made without a repetition of the proceedings had prior to the issuance of the assessment and shall be made and issued in the following manner: The superintendent of streets shall, upon the entering of a decree of court directing the reassessment, or upon the passage of a resolution of the city council directing a reassessment, proceed at once to make a reassessment in accbrtlance with the said decree of court or said resolu- tion of the city council thereof. Such reassessment shall be made upon the district described in the ordinance of intention for said improvement, £ind in the event that there shall have been informalities, uncertainties or ambiguities in the description of the limits of said district, then upon the district which the court or council shall find to be that actually benefited by said improvement, but in so finding said court or council shall follow the lines described in the ordinance of intention so far as the same can be ascertained, and in all cases of uncertainty or ambiguity they shall give regard to the lines described and make such determina- tion as to the lines where there is any uncertainty or ambiguity in the ordinance of intention as may be just and equitable. In the event that a portion of the improvement has been found to be entirely without the power of said city to order, then said assessment shall be for the remainder of the improvement only, and the benefits arising from the improvement entirely without the jurisdiction of the city to order shall not be considered in making the reassessment. Upon the completion of the reassessment it shall be presented to the city council and a day of hearing sliall be fixed by it which shall be at least twenty days after the filing of tlie reassessment. The city clerk shall then advertise the fact of the filing by publishing a notice in the official newspaper, or i 2119 STREETS. Act 3937c, §§27-29 in such other paper as the council may direct, by five insertions, if the paper be a daily, or by two insertions, if it be a weekly or semi-weekly newspaper, stating the fact that the reassessment has been filed with him and that objections to said reassessment will be heard at the time specified by the city council. At the time fixed for said hearing, or at such time or times to which the same may be adjourned, the city council shall consider the objections to said reassessment and in its diseretiA revise, correct and modify such reassessment in such manner as is most equitable, and it shall thereupon pass a resolution approving the confirm- ing such reassessment and such decision shall be a final determination of all matters relating to the actual benefits derived or to be derived from the improvement by the respective lots, pieces and parcels of land enumerated in the reassessment. Said reassessment shall thereupon be recorded by the street superintendent and it shall in all respects have the same effect and weight as the original assessment, and shall be en- forced in the same manner. All payments made upon the original assess- ment shall be credited upon the reassessment and in the event that the reassessment in any instance is less than the amount of the original assessment, the excess shall be payable to the persons who paid the original assessments. Record of bonds issued. § 27. The city treasurer shall enter in a book kept for that purpose in his ofiice, a record of each bond issued hereunder, specifying the date of its issue, the amount for which issued, to whom delivered, its dura- tion and a description of the lot against which issued. Payments of principal and interest on account of any bond issued hereunder shall be made to the city treasurer, who shall keep a separate account of all such payments, (entering the same in the record herein required to be kept) and place the same in appropriate funds for the payment of prin- cipal and interest of the bends on account of which paid, and who shall, upon the surrender of the coupons attached to said bond, pay to the holder thereof, or his order, the amount called for by said coupons out of the funds in his possession applicable thereto. Bonds lien on property. § 28. The improvement bonds issued hereunder shall take the place of and have the same force, validity and effect as assessment liens that the assessments would have had if no bonds had been issued, and the lien of said bonds shall not be held or construed to be merely con- tractual. Said bonds shall by their issuance be conclusive evidence of the regularity and validity of all proceedings leading up thereto. The amount due upon any such bond shall be a lien upon the lot described in such bond superior to all other liens, charges and encumbrances, except the liens of prior assessment and of municipal, state and county taxes. Sale of bonds. § 29. Improvement bonds or any number of such bonds, issued here- under, except as otherwise provided in this act, shall be sold to the Act 3937c, §§ 30, 31 general laws. 2120 highest cash bidder, after advertisement for bids, whieh advertisement shall be published for at least three times in a daily newspaper pub- lished and circulated in said city, or if there be no such daily news- paper, then such advertisement shall be published at least once in a weekly or semi-weekly newspaper so published and circulated, or shall be sold in such other manner as the legislative body may determine. It any bond he sold for an amount in excess of par such excess shall be paid into such fund of the city as the legislative body thereof may prescribe. The proceeds of the sale of such improvement bond shall be paid into the fund of the proceeding to represent assessments in which said bonds were issued. Unsold bonds turned into fund. Contractor may advance incidental ex- penses. § 30. .Any bonds not sold at the full expiration of fifteen days after the completion of the publication of the advertisement provided for in the preceding section shall be turned into the fund for the improve- ment for which the assessment is made, and shall be deemed and treated as so much money in said fund, and shall upon final acceptance of said improvement be issued to and accepted by the contractor for the work, or his assigns, in payment pro tanto of the contract price of said im- provement, provided tiiere is suflicicnt money in the said fund to pay all incidental expenses and all awards of damages that must be paid prior to the doing of the work. Whenever in the proceedings for any improvement bonds are authorized under the provisions of this act, and at the expiration of fifteen days after the completion of the publication of said advertisement, there is not sufficient money in the fund for the improvement to pay the incidental expenses and the amount of any award or awards of damages that must be paid prior to the doing of the work, the contractor may advance to the. fund for said improvement an amount sufficient to pay said incidental expenses and damages, and re- ceive therefor bonds in sufficient amount, at their par value, exclusive of any accrued interest thereon, to equal the amount so advanced by him. If the said contractor in such event fails, neglects or refuses for a period of ten days after written notice from the city treasurer that said fifteen days from the completion of the publication of said advertisement has exjiired, and that there is not sufficient money in said fund to pay said incidental expenses and said awards of damages, to advance to said fund a sum sufficient for said 'purj>oses, the legislative body of the nunicipality may, in its discretion, declare said contracts forfeited, and said contractor shall thereupon lose all rights under said contract. Bonds in satisfaction of damages. § 31. The (iwuir of any jiroperty assessed, to whom damages have been awarded, as provided in this act, may take such bonds, or any thereof, in lieu of, or in satisfaction pro tanto of, such damages. When so taken such bond shall be deemed to have been sold to such owner I 2121 STREETS. Act 3937e, §§ 32-34 and the amount of damages to which he is entitled shall be reduced by the amount of such bonds so taken at their par value. Such owner may, also, at any time after such assessment becomes paj'able, and before the sale of said property for nonpayment thereof, demand of the street superintendent that such assessment, or any number of such assess- ments, be offset against the amount of damages to which he is entitled. Thereupon, if the amount of such damages be equal to or greater than such assessments, including any penalties and costs due thereon, the assessments shall be marked "paid by offset"; and if said amount be less than said assessments, and any penalties and costs due thereon, the person demanding such offset shall at the same time pay the difference to the street superintendent in money, and the assessments shall, on such payment, be marked paid, the entry showing what part thereof is paid Ijy offset and what part in money. Advance from general fund to pay incidental expenses. § 32. The legislative body of any municipality may, in its discre- tion, upon the failure of any contractor to advance sufficient money to the fund devoted to any improvement to pay the incidental expenses and the awards of damages as hereinabove provided, advance from the general fund, or from such fund as said legislative body may designate, to said fund the amount necessary for such purposes. Whereupon the city treasurer shall issue to said city bonds of the improvement in an amount equal at their par value to the amount of money so advanced by the said city, and in any event it shall be competent for the city to advance to the appropriate fund the par value of all or any part of said bonds, in which ease the said bonds shall be issued to the city, and the said city shall have the same rights in respect to the enforcement and collection thereof as other purchasers. Where the city advances money as in this section provided, it shall have full authority at any time to sell said bonds at a point acceptable to the legislative body thereof. Remaining bonds treated as cash, § 33. Whenever the contractor or the city has advanced to the appro- priate fund an amount sufficient to pay the incidental expenses and awards, and has received bonds at their par value in an amount equal to the sum so advanced, as hereinbefore provided, the bonds remaining shall b.e turned into said fund, and shall be treated and regarded as so much money in said fund, and shall upon final acceptance of the work be issued to and received by the contractor in payment pro tanto of the contract price of the said improvement. Sale of lots for delinquent interest on bonds. § 34. Whenever, through the default of the owner of any lot or parcel of land upon which such bond is issued to represent the assess- ment, payment, either of the principal or of the interest, is not made when the same has become due, and the holder of the bond thereupon Act 3937c, §§35-37 general laws. 2122 demands, in writing, that the city treasurer proceed to advertise and sell said lot or parcel of land as herein provided, then the whole bond or its unpaid remainder, with its accrued interest, as expressed in said bond, shall become due and payable immediately, and on the day follow- ing shall become delinquent. Publication of notice. Notice served on owner. § 35. Upon the application of the holder of any bond that is now or shall hereafter become delinquent as hereinbefore provided the said city treasurer shall publish twice in a newspaper of general circulation, to be designated by him, published in the city where his office is situ- ated, a notice which must contain the date, number, and series of the delinquent bond, a description of the property mentioned in said bond, and the name of the owner of such property (if known), and if un- known, the fact shall be so stated, the amount due thereon, and a state- ment that unless the amount of said bond and the interest due thereon, together with the cost of publication of such notice are paid, the real jiroperty described in said bond will be sold at public auction on a day to be therein fixed, which shall not be less than fifteen nor more than thirty days from the date of the first publication of said notice, and the place of such sale, which must be in or in front of the office of the said city treasurer. A like notice shall not less than fifteen days before the day of sale so fixed be served upon any such owner if known eitlier personally or by depositing the same in the postoffice at such city ad- dressed to such owner at his address if known with the postage thereon prepaid. At any time prior to the sale, the owner or person in posses- sion of any real estate offered for sale unrler the provisions of this act may pay the whole amount of said bond then due, with costs, and such bond shall thereupon be canceled; but in case such payment is not made by such owner or person in possession, or by someone in behalf of such owner, or person in possession, the property subject thereto shall be sold at public auction to the bidder offering to pay the amount due on the bond with costs for the least portion of such lot or parcel of land offered for sale. Affidavit of publication. § 36. The city treasurer, before the day of sale hereinafter provided for, must file with the city clerk a copy of the publication, with an affidavit of the publisher of such newspaper, or some one in his behalf, attached thereto, that it is a true copy of the same; that the publication was made in a newspaper, stating its name and place of publication and the date of each issue thereof in which such publication was made, on which affidavit is prima facie evidence of all the facts stated therein. Expenses. § 37. The city treasurer must collect, in addition to the amount due on such bond, the cost of the publication of such notice, and fifty cents for the certificate of sale delivered to the purchaser as hereinafter provided. 2123 STREETS. Act 3937c, §§38-^1 City treasurer's record. § 38. The city treasurer, before delivering any certificate of sale, must, in a boolc kept in his office for that purpose, enter the date, number and series of the bond, description of the lands sold, corresponding with the description in the certificate, the date of sale, purchaser's name, the amount paid, regularly number the descriptions on the margin of the book, and put a corresponding number on each certificate. Such book must be open to public inspection during office hours, when not in actual use, and he shall enter on the record of the bond the words "canceled by sale of the property," giving the date of such sale. Purchaser's lien on property. § 39. Immediately on the sale, the purchaser shall become vested with a lien on the property, so sold to him, to the extent of his bid, and is only devested of such lien by the payment to the city treasurer of the purchase money, including costs herein provided for, with interest thereon, at the rate of one per cent per month from the date of sale. Redemption of property. § 40. A redemption of the property sold may be made by the owner of the property, or any party in interest, within twelve months from the date of purchase, or at any time, prior to the application for a deed, as hereinafter provided. Redemption must be made in lawful money of the United States, and when made to the city treasurer he must mark the word "Eedeemed," the date and by whom redeemed on the margin of the book where the entry of the certificate is made, and credit the amount paid to the purchaser named in the certificate, and pay the same to such purchaser, or his assignee, upon the surrender of the certificate of sale, and upon satisfactory proof of an assignment thereof, if any. Deed after one year. Notice to owner. Fee for service. § 41. If the property is not redeemed within the time allowed by the provisions of the foregoing section, the city treasurer, or his successor in office, upon application of the purchaser, or his assignee, must make to said purchaser, or his assignee, a deed to the property, reciting in the deed, substantially, the matter contained in the certificate, and that no person has redeemed the property during the time allowed for its redemption. The treasurer shall be entitled to receive from the pur- chaser two dollars for making said deed, which shall be deposited in the city treasury for the use of the city after payment has been made therefrom for the acknowledgment of said deed; provided, however, that the purchaser of the property, or his assignee, or agent, must, thirty days prior to the expiration of the time of the redemption, or thirty days before his application for a deed, s€rve upon the owner or agent of the property purchased, if named in such certificate of sale, and upon the party occupying the property, if the property is occupied, a written notice, stating that said property, or a portion thereof, has Act 3937c, §§ 42, 43 general laws. 2124 been sold to satisfy the bond lien, the date of sale, the date, number, and series of the bond, the amount then due, and the time when the right of redemption will expire, cr when the purchaser will apply for a deed, and the owner of the property shall have the right of redemption indefinitely, until such notice shall have been given and said deed ap- jiiied for, upon the payment of the fees, penalties, and costs in this act required. In case of unoccupied property, a similar notice must be jiosted in a conspicuous place upon the property at least thirty days before the purchaser applies for a deed; and no deed to the property sold, in accordance with the provisions of this act, shall be issued by the city treasurer to the purchaser of such property until such purchaser shall have filed with such treasurer an affidavit showing that the notice hereinbefore required to be given has been given as herein required, which said affidavit shall be filed and preserved by the said treasurer as other records kept by him in his office. Such 'purchaser shall be en- titled to receive the sum of fifty cents for his service of such notice and the making of such affidavit, which sum of fifty cents shall be paid by the redemptioner at the time and in the same manner as the other sums, costs and fees are paid. Deed as evidence. § 42. The deed, when duly acknowledged or proved, shall be con- clusive evidence of all things which the bond upon which it is based is conclusive evidence, and prima facie evidence of the regularity of all j)rocpedings subsequent to the issue of the bond, and conveys to the grantee the absolute title to the lands described therein, free of all encumbrances, except the lien for state, county and municipal taxes. Abandonment of proceedings. Readvertisement for bids. § 43. The legislative body of any municijiality may, in its discretion, at any time prior to the letting of the contract for any improvement under this act, determine that said proceedings shall be abandoned, which determination shall be declared by ordinance or by resolution entered upon its minutes. Such legislative body may in like manner abandon such proceedings after the letting of such contract in any case where the contractor has failed to begin work within the time pro- vided in this act, or has failed to complete the same within the time specified in the contract, or has failed to diligently prosecute the said work after beginning the same. Such legislative body may also in like manner abandon said proceedings when the contractor has failed, neglected or refused for a jieriod of ten days after receiving the notice from the city treasurer that there is not enough money in the fund for the improvement to pa}' incidental expenses and the awards of damages, as hereinbefore provided, to advance to said fund an amount sufficient for such jnirposes. Such legislative body may in any of the contin- gencies specified in this section, instead of abandoning the said proceed- ings, direct the superintendent of streets to readvertise for bids for the 2125 STREETS. Act 3937c, §§44-46 doiug of said work, or any part thereof, and the said contract may be relet as in the first instance, but the bid of any contractor who has failed in any of the obligations imposed iijjon him by this act, or by his contract, shall not be considered in any subsequent bidding for the same work. Description by reference. § 44. In all resolutions, notices, orders and determinations subse- quent to the ordinance or resolution of intPntion a description of the assessment district by reference to the ordinance or resolution of in- tention shall be sufficient, and in all resolutions, notices, orders, and determinations subsequent to the "Notice of street work" a descrip- tion of the work by reference to the ordinance or resolution of intention shall be sufficient. Definitions: "Lots or parcels of land." § 45. The term "lots or parcels of land" whenever mentioned in this act shall be deemed to include, and shall include, property owned or con- trolled by any person, firm or corporation, as a railroad, street, or interurban railroad right of way, and whenever a railroad, street, or interurban railroad right of way shall be included within any district to be assessed for the cost of any improvement provided for in this act such railroad right of way (whether the same is owned in fee or as an easement or under a franchise) shall be included in the assessment, and shall be assessed in the same manner and with the same effect as other lots or parcels of land are assessed, as provided in this act, and such railroad, street, or. interurban railroad right of way shall be sub- ject to sale for nonpayment of assessments as in this act provided. § 46. The following words and phrases shall, where used in this act, have the following meaning: "Improvement." 1. The term "improvement" includes the establishment, change or mod- ification of grade, if any, and all the improvements mentioned in section 1 of this act. "City." 2. The term "city" includes every incorporated city, city and county, or other corporation organized for municipal purposes. "City treasurer." 3. The term "city treasurer" includes any officer who has charge and ma"kes payment of the city funds. "Superintendent of streets." 4. The term "superintendent of streets" includes any officer or board whose duty it is by law to have the care or charge of streets or the improvement thereof in any city. In any city where there is no super- Act 3937c, §§ 47, 48 gexeral laws. 2126 intendent of streets, or such board, the legislative body is hereby au- thorized to designate some other officer of the city, or other person, to perform the duties imposed by this act on the superintendent of streets, and all of the provisions hereof applicable to the superintendent of streets shall apply to the officer so designated. "Owner." 5. The term "owner" or the term "any person interested" is deemed to be the person owning the fee, or the person in whom on the day any I)rotest is filed, the legal title to real property ai)pears by deeds duly recorded in the county recorder's office of the county in which said city is situate; or any person in possession of real property as the executor, administrator, trustee under an express trust, guardian or other legal representative of the owner, or any person in possession of real property under written contract of purchase, duly recorded. "Incidental expenses." (5. The term "incidental expenses" shall be held to mean and include all the necessary expenses and disbursements of the comniission. the cost of making the assessment, and all expenses, necessarily incurred by the city in connection with the proposed improvement for maps, dia- grams, plans, surveys, the mailing of any notices, and other matters in- cident thereto. "Delinquency." 7. The term "delinquency" as herein used shall mean delinquency in the jiayment of an assessment made under the provisions of this act, and the expression "time of delinquency" shall mean the time in this act fixed when assessments become delinquent. Act 1909 repealed. § 47. .\n ;ut entitled "An act to provide for the improvement of j'lililic streets, lanes, alleys, courts and places in municipalities, in cases where any damage to private property would result from such improve- ment, and for the assessment of the costs, damages, and expenses thereof upon the property benefited thereby," approved .Vpril 21, 1909, is hereby rejtealed; provided, that proceedings taken under the act hereby repealed, commenced prior to the taking effect of this act, may be continued to comidetion under the provisions thereof with the same force and eflfect as if said act were not hereby repealed. Acts not repealed. § -18. Kxcopt as to the act hereby expressly repealed this act shall in no wise affect any other act or acts on the same subject, nor apply to any jiroccedings taken thereunder, but is intended to and does jiro- vide .in alternative system for making the improvements provided for bv this act; and it shall be wnthin the discretion of the legislative body of any city to proceed, in making said improvements, under the pro- 2127 SUBWAYS. Act 3937(1, §§ 1, 2 visions either of this act or of such other acts; but when any proceed- ings are commenced under this act, the provisions of this act, and of such amendments thereof as may be hereafter adopted, and no other, shall apply to all such proceedings, and any provisions contained in such other acts or any acts in conflict herewith shall be void and of no effect as to the proceedings commenced under this act. Title of act. § 49. The provisions of this act shall be liberally construed to pro- mote the objects thereof. This act msij be designated and referred to as the "Street Improvement Act of 1913." TITLE 449a. SUBWAYS. ACT 3937d. An act concerning tunnels, tubes and subways under navigable streams and bodies of water in the state of California. [Approved March 23, 1911. Stats. 1911, p. 474.] Construction of tunnels under navigable streams. § 1. Whenever, in the judgment of the board of supervisors of any county, it shall be deemed advisable in the interests of commerce, or for the benefit of the residents of said county, or for the purpose of expe- diting travel between points on opposite sides of any navigable stream or body of water, to build and construct tubes, tunnels or subways under such navigable streams or bodies of water for the public use, at such point or place under said navigable stream or body of water as shall be determined upon by the said board of supervisors, the said board of supervisors must call an election and submit to the electors of said county the question whether bonds of said county shall be issued and sold for the purpose of building and constructing said tube, tunnel or subway. The order calling such election shall be valid and effectual when signed by two-thirds of said board of supervisors, and said election shall be held and said bonds issued, in accordance with the terms and provisions of title 2, part 4, of the Political Code of the state of California. Expenses of ascertaining cost of tunnel. § 2. The board of supervisors of any county in this state may, for the purpose of ascertaining the probable cost of any proposed tube, tun- nel or subway, expend out of the general fund of said county not other- wise appropriated, a sum not exceeding thirty-five hundred dollars; provided, that when any such proposed tube, tunnel or subway shall reach partly in one county and partly in another, said counties shall equally divide the expenditure necessary to ascertain the probable cost of any such proposed tube, tunnel or subway, not exceeding in the aggre- gate the sum of thirty-five hundred dollars. Act 4018, § 2 GENEp.\L LAWS. 2128 Division of cost between counties joined by tunnel. § 3. Whenever any such tube, tunnel or suliway is proposed to be built or constructed under navigable streams or waterways forming the dividing line between counties, the boards of supervisors of eaf'^ of tbf> counties into which any of such tubes, tunnels or subways will reach shall first agree as to what portions of the cost of such tube^, tunnels or subways shall be paid by each of said counties, and thereafter the ijoards of supervisors of each of such counties shall have power to take such proceedings as they may deem proper under section 1 of this act; provided, however, that no such tube, tunnel or subway shall be built or constructed under navigable streams or waterways forming the dividing line between counties, unless all thA counties into which such tubes, tun- nels or subways reach shall first authorize that such work be done and bonds therefor issued in the manner provided in section 1 of this act. When tunnel reaches within limits of city. § 4. Whenever any such tube, tunnel or subway, or any part thereof, shall reach within the limits of any incorporated town, or city, or city and county, and the governing body of each of such incorporated towns, or cities, or cities and counties, and the board of supervisors of the county in which such incorporatecl towns, or cities, are situated shall first fto agree, the board of supervisors shall have the power to call an election and submit to the electors of said county the question whether bonds of said county shall be issued and sold for the purpose of building and constructing such tube, tunnel or subway in the manner prescribed in section 1 of this act; provided, however, that in the event of such bonds being authorized and sold, the construction of such tubes, tunnels or subways shall be under the direction and control of a commission which is hereby created, consisting of the chairman of said board of supervisors and the mayor of each of such incorporated towns, cities, or cities and counties, within the limits of which such tube, tunnel or subway, or any part thereof, shall reach. § 6. This act shall take effect immediately. I TITLE 512. SUTTER'S FORT. ACT 4018. An act authorizing the board of Sutter's Fort trustees to appoint a gar- dener for the purpose of caring for the grounds around Sutter's Fort, and providing for the compensation of said gardener. [Approved March 21, 1907. Stats. 1907, p. 776.] Amended 1911, page 1148, as follows: Salary of Sutter's Fort gardener. § 2. The gardener ]irovidod for in section 1 of this act shall receive an annual salary of one thousiuul two hundred dollars, to be paid at the 2129 TAXATION. Acts 4034^035a same time anr! in the same manner as other state officers. [Amendment approved April 27, 1911; Stats. 1911, p. 1148.] TITLE 514. TAXATION, ACT 4034. An act to authorize the controller of state to appoint an inheritance tax deputy, prescribing his duties, and making an appropriation there- for. ^Approved March 20, 1909. Stats. 1909, p. 557.] Repealed June 16, 1913 (Stats. 1913, p. 1066). See subd. 2 of §445 of the _ Political Code as amended June 16, 1913 (Stats. 1913, p. 1065). ACT 4035. An act to establish a tax on gifts, legacies, inheritances, bequests, de- vises, successions and transfers, to provide for its collection, and to direct the disposition of its proceeds; to provide for the enforce- ment 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 inheritances, 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 all acts and parts of acts in conflict with' this act. [Approved March 20, 1905; Stats. 1905, p. 341.] j Repealed 1911, p. 713. See post. Act 4035a. Citations. Cal. 157/518, 519, 520, 521, 526, 551; 158/51, 52, 53. App. 8/132, 133, 134; 12/28. ACT 4035a. An act to establish a tax on gifts, legacies, inheritances, bequests, de- vises, 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 hereunder; to repeal an act entitled "An act to es- tablish a tax on gifts, legacies, inheritances, bequests, devises, suc- cessions 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 hereunder; to repeal an act entitled 'An act to establish a tax on collateral inheritances, 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 amendments thereto and all acts and parts of acts in conflict with this act. [Approved April 7, 1911. Stats. 1911, p. 713.] Repealed June 16, 1913 (Stats. 1913, p. 1083). . See post, Act 4035b. 134 Act 4035b, § 1 GENERAL LAWS. 2130 ACT 4035b. 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 jiroceeds; to provide for the enforfement of liens created by this act and by any act hereby repealed* and for suits to quiet title against claims of liens arising hereunder or under an act hereby repealed, to be known as the "Inheritance Tax Act"; to repeal an act entitled "An act to est:ih- lish a tax on gifts, legacies, inheritances, bequests, devises, succes- sions 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 liens, arising hereunder; to repeal an act entitled 'An act to es- tablish a tax on gifts, legacies, inheritances, bequests, devises, suc- cessions 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 liens arising hereunder"; to repeal an act entitled 'An act to establish a tax on collateral inheritances, bequests, and devises, to provide for the collection and to direct the' disposition of its pro- ceeds,' 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 amendments thereto, and all acts and parts of acts in conflict with this act," approved April 7, 1911. [Aj)proved June 16, 1913. Stats. 1913, p. 1066.] § 1. (a) This act shall be known as the "Inheritance tax act." Definitions. (b) The words "estate" and "property" as used 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, devisees, heir next of kin, grantees, donees, vendees, or successors, and shall include all personal property within or without the state. (c) The word "transfer" as used in this act shall be taken to include the passing of jiroperty or any interest therein, in possession or enjoy- ment, present or future, by inheritance, descent, devise, succession, be- quest, grant, deed, bargain, sale, gift, or appointment in the manner herein, described. (d) The word "decedent" as used in this act shall include the testator, intestate, grantor, bargainor, vendor, or donor. (e) The words "county treasurer" and "district attorney" and "inherit- ance tax appraiser." as used in this act, shall be taken to mean the treasurer or the district attorney or the inheritance tax appraiser of tiie county of the superior court having jurisdiction, as provided in sec- t'ij,^5 of this act. I 2131 TAXATION. Act 4035b, §§ 2, 3 (f) 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 f,nft causa mortis; and it is hereby declared to be the intent and purpose of 'this act to tax any and all transfers wiiich are made in lieu of or to avoid the passing of property transferred by testator or intestate laws. Property taxable. § 2. A tax shall be and is hereby imposed upon the transfer of any property, real, personal or mixed, or of any interest therein or income therefrom in trust or otherwise, to persons, 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: Resident decedents. (1) 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. Nonresident decedents. (2) When the transfer is by will or intestate laws of property within this state and the decedent was a nonresident of the state at the time of his death. Contemplation of death. Transfer to take effect after death. (3) ^^'hen the transfer is of property made by a resident, or by a nonresident when such nonresident'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 efiFect in possession or enjoyment at or after such death. When such person, institution or corporation becomes beneficially 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. Power of appointment. § 3. (a) 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. Excessive commissions to executors. (b) Whenever a decedent appoints or names one or more executors "^^ or trustees, and makes a bequest or devise of property to them in 'lieu Act 4035b, §§ 4, 5 gen-eral laws. 2132 of commissions 6r 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 compensation 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 compensation. Estates determinable by reference to death taxable. {(■) Where any property shall, after the passage of this act, be trans- ferred 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 determination of such charge, estate or interest, shall be deemed a transfer of property taxable under the provisions of this act in the same manner 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. Ifien. Limitation. § 4. 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 ]>aid as hereinafter directed. The pro- visions of the Code of Civil Procedure relative to the limitation of time of enforcing a civil remedy shall not apply to any proceeding or action taken to levy, appraise, assess, determine, 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 repealed, shall cease to be a lien as against any bona 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 prop- erty at the rates hereinafter prescribed and only upon the excess over the exemptions hereinafter granted; and provided, that in determining said market value no deduction shall be made for any family allowance made out of said estate. Primary rates. § 5. When the property or any beneficial interest there so passed or transferreil exceeds in value the exemption hereinafter specified and shall not exceed in value twenty five thousand dollars, the tax hereby imposed shall be : Husband, wife, children, parents. (1) Wliere the person or persons entitled to any beneficial interest in SVlcK property shall be the husband, wife, lineal issue, lineal ancestor of 2133 TAXATION. Act 4035b, §6 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 t,o such transfer 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 j^ears there- after,) 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. Brother, sister, their descendants, son in law, etc. (2) 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 husbanon oontingencits 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 trustees 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 tax- ation 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 I 2137 TAXATION. Act 4035b, § 10 shall be entitled to a return of so much of the tax imposed and paid 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. Estates in expectancy. (d) 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 abej'ance, shall be ap- praised at their full, undiminished value when the persons entitled thereto shall come into the beneficial enjoyment or possession thereof, without diminution for or on account of any valuation theretofore made of the particular estates for purposes of taxation, upon which said estates in expectancy may have been limited. Defeasible estates. (e) Where an estate for life or for years can be devested by the act or omission of the legatee or devisee it shall be taxed as if there were no possibility of sueh devesting. Determination of value of limited estates. (f) The value of every future, or contingent or limited estate, income or interest, shall, for the purposes of this act be determined by the rule, 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 deter- mination of the liabilities of life insurance companies, save that the rate of interest to be assessed in computing the present value of all future interest 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 beijng, upon the facts contained in any such appraiser's application or other facts to him submitted by said appraiser or said court and cer- tify the same in duplicate to such court or appraiser, and his certificate thereof shall be conclusive evidence that the method of computation t'herein is correct. Executor to deduct tax from legacy. § 10. (a) Any administrator, executor, or trustee having in charge or trust any legacy or property for distribution, subject to the said tax, shall deduct the tax therefrom, or if the legacy or property be not money he shall collect the tax thereon, upon the market value thereof, from the legatee or person entitled to such property, and he shall not deliver, or be compelled to deliver, anj^ specific legacy or property sub- ject to tax to any person until he shall have collected the tax thereon; Act 4035b, §§ 11, 12 general laws. 2138 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 distributee thereof, and the same shall remain a charge on such real estate until paid; if, however, such legacy be given in money to any person for a limited period, the executor, administrator, or trustee shall retain the tax upon the whole amount; but if it be not in money he shall make apf)lication to the superior court to make ac apportionment, if the case require it, of the sum to be paid into his hands by such legatees, and for such further order relative thereto as the case may require. Sale of property to pay tax. (b) All executors, administrators, 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 hereinafter directed. Tax payable to county treasurer. (c) p]very sum of money retained by an executor, administrator, or trustee, or ])aid into liis hands, for any tax on property, shall be paid by him, within thirty days thereafter, to the treasurer of the county in wliieh the probate proceedings are pending. Receipt. § 11. 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 inimeiliately send to the con- troller of state, whose duty it shall be to charge the treasurer so receiv- ing 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 lixing 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 countersigned 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 duplicate, or copy, of any receipt that may have been given by said treasurer for the payment of any tax under this act. Refund. § 12. If any debts shall be proven against the estate of a decedent after the payment of any legacy or distributive share thereof, from which any such tax has been deducted or upon which it has been paid ;:,^.C- by the person entitled to such legacy or distributive share, and such per- ^'k'Sson is required by order of the superior court having jurisdiction, on 2139 TAXATION. Act 4035b, § 13 notice to the state controller, to refund the amount of such debts or any part thereof, an equitable pro})ortion of the tax shall be repaid 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 inheritance tax moneys in his hands or custody such equitable proportion of the tax, and credit himself with the same in the account required to be rendered by him under this act. If, after the payment of any tax in pursuance cf an order fixing such tax, made by the superior court having jurisdic- tion, 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 allowed by law on due notice to the state controller, the county treasurer shall refund to the executor, ad- ministrator, trustee, person or persons b}' 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 inheritance tax moneys, in his hands or custody, and credit him- self with the same in the account required to be rendered by him to the controller on his semi-annual settlement; but no application for such refund shall be made after one year from such reversal or modification, unless an appeal shall be taken therefrom, in which case no such applica- tion shall be made after one year from the final determination of such appeal or of an appeal taken therefrom, and the representatives 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 theretofore allowed him upon such over- payment. 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 erroneously 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 proceedings now pending and taxes heretofore paid in relation to which the period of one year from such reversal or modi- fication has not expired when this section, as amended, takes effect. Noticfi of transfer of property of decedent to be given by banks, execu- tors, etc. Consent of controller. Examination. Penalty. § 13. If a foreign executor, administrator or trustee shall assign or transfer any stock or obligation in this state standing in the name of a decedent, 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 safe deposit company, trust company, corporation, bank or other institution, person or persons having in possession or under con- trol securities, deposits, or other assets, belonging to cr standing in the name of a decedent who was a resident or nonresident or belonging to, Act 4035b, § 14 general laws. 2140 or standing in the joint names of such a decedent and one or more per- sons, 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 delivery or transfer herein provided, shall deliver or transfer the same to the executors, administrators or legal representa- tives of said decedent, or to the survivor or survivors when held in the joint names 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; provided, that the state con- troller, 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 othei institution, person or persons from the obligation hereunder to give such notice or to retain any portion of said securities, deposits or other assets in their possession or control. And it shall be lawful for the state controller or county treasurer, personally or bj- representatives, to examine said securities, deposits or assets at the time of said delivery or otherwise. 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 com- pany, corporation, bank or other institution, person or persons 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 company, corpora- tion, 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. Appraisers. Compensation. § 14. The state controller shall appoint, and may at his pleasure re- move, one or more persons in each county of the state to act as inher- itance tax appraisers therein. Every such inhoritame tax appraiser (in :i(ltlition 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 every day actually and necessarily emplo\'ed in said inheritance tax appraisement, together with his actual and necessary traveling and other incidental expenses, and the fees paid such witnc-^ses as he shall subpoena before him which fees shall be the same as those now paid to witnesses subpoenaed to attend iri+^iourts of record; provided, that in any probate proceeding i 2141 TAXATION. Act 4035b, §§ 15, IS in which the executor or administrator shall have failed to have had the inheritance 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 executor or administrator thereof shall be liable for said fee. Any such appraiser wlio shall take anj' fee or reward, other than such as may be allowed him by law, from any executor, administrator, trustee, legatee, next of kin, or heir of any decedent, or from any other person liable to pay said tax, or any portion thereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two hundred and fifty dollars nor more than five hundred dollars, or be imprisoned in the county jail ninety days, or both, and in addition thereto the court shall dismiss him from such service. Jvrisdiction of the superior court. § 15. 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 here- under shall ret?an the same, to the exclusion 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 proceed- ings all questions in relation to any tax arising under the provisions of this act: (a) Upon property passing in said probate proceedings, (b) Upon any other property transferred, within the meaning of sub- division 3 of section 2 of this act, to any person, institution or corpora- tion taking any property under and by virtue of said probate pro- ceedings. Procedure by appraiser in probate. Report of market value. § 16. (a) When any superior court, having jurisdiction in probate of the estate of any decedent, or a judge of such court, shall, in accordance with the section 1444 of the Code of Civil Procedure, appoint the ap- praiser or appraisers in said section provided for, said superior court or judge thereof shall also at the same time designate and appoint an in- heritance 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 meaning 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 in- formation as shall assist said court in the determination of said tax. Thereupon said inheritance tax appraiser shall have all the powers of a Act 4035b, §16 general laws. 2U2 referee of said superior court, and shall have jurisdiction to require the attendance before him of the executor or administrator 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 transferred by said decedent within the meaning of this act. or knowledge of any facts that will aid said ap- praiser or the court in the determination of said tax. 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 deter- mining 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 concerning such property and the value thereof, and con- cerning 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. 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 report the amount of inheritance or transfer tax chargeable against, or a lien upon such interests, acquired by virtue of said probate proceedings 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 information taken before him, or submitted to him. Notice of filing. Order fixing tax. Objections. (b) 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 addition 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 Lave appeared in such pro- ceeding, a copy of said notice. 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. 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 ob- 2143 TAXATION. Act 4035b, § 17 jeetions 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. Certificate of no tax due. (c) Provided that, if, upon examination of the executor or adminis- trator of said estate or other persons familiar with the affairs of such decedent, or from other information before him, it shall appear to the inheritance tax appraiser that there is no inheritance tax due out of said estate or a lien upon any property or interest therein, said appraiser may 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 ditferent order as may to it seem meet in the premises. Citation to parties in cases of transfer without probate. Appearance before appraiser. Procedure. Appearance before court. § 17, If it shall appear to the superior court upon petition of the state controller or the county treasurer or any other interested person that any transfer has been made within the meaning 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 taxability of such transfer and the lia- bility therefor and the am.ount 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 prop- erty transferred, to appear before said court or before an inheritance tax appraiser to be designated 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 maj'^ be, concerning said transfer and all facts connected therewith, and concerning the property transferred and the character and value thereof. If said person or persons shall be directed to appear before said ap- praiser, 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 hear- ing, 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 wit- nesses before him, and to administer" oath, and to take the evidence of such witnesses under oath concerning such property and the value thereof and concerning such transfer. Said appraiser shall report to said court his findings and conclusions in relation to said transfer and said tax, and may return to said court, any depositions, exhibits or other testi- Act 4035b, § 18 general laws. 2144 mony or information taken before him or exhibited to him. The pro- cedure subsequent to the filing of said report shall conform to subdivision (b) of section 16 of this act. Except as herein otherwise provided, the service of such citation and the time, manner and proof thereof, and the hearing and determination thereon, and the hearing and determination upon the facts returned in such report, and the enforcement of the determination or decree, shall confor-m to the provisions of chapter 12 of title 11 of part 3 of the Code of Civil Procedure, and the clerk of the court shall, upon the re- quest of the state controller 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 effect as provided by section 674 of said Code of Civil Procedure for filing a transcript of afl original docket. The superior court may hear the said cause upon the relation of the parties and the testimony of witnesses, 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 part thereof, is subject to any such tax, the same shall be appraised and taxed as in other cases. Action to collect tax. § 18. 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 decedent 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. Quieting title. (a) Actions may be brought agaihst the state for the purpose of quiet- ing the title to any property, aguinst 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 plaintiffs may be any administrator or executor f 1 2145 TAXATION. Act 4035b, § 18 of the estate or will of any decedent, whether the said estate shall have been fully administered 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 as- signee, grantee or successor in interest of any of such persons, and all or any other persons who might be made parties defendant in any action brought by the state under the provisions of this section, and notwith- standing 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 projterty, 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 plaintiff in any such action who refuses to join as plaintiff may be made a defendant. Jurisdiction. (b) All actions under this section shall be commenced 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 enforced, 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 administration of the estate of the decedent mentioned herein. Service of summons. (c) 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 decedent mentioned herein is being administered, or has been administered in probate proceedings, and it shall be the duty of said district attorney to defend all such actions. Procedure. (d) 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. Remedies additional. (e) The remedies provided in this section shall be in addition to and not exclusive of any remedies provided in the sections preceding this section. 135 Act 4035b, §§ 19-22 ' general laws. 2146 Duties of district attorney. § 19. ^Vhcnever 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 district 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 actual and necessary expenses incurred in such proceeding out of any inheritance tax moneys in the hands of the county treasurer or order of the superior court. Duties of county treasurer. § 20. The treasurer 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. Fees of county treasurer. § 21. The treasurer of each county shall be allowed to retain, on all taxes paid and accounted for by him each year under this act, in addi- tion to his salary or fees now allowed by law, three per centum of the first fifty thousand dollars so paid and accounted for by him, one and cne-half per centum on the next fifty thousand dollars 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 two hundred dollars out of the inheritance taxes paid on account of any transfer or transfers made by, or resulting from the death of, any one decedent, nor more than three thousand dollars out of the total inheritance taxes accounted for in any one year. EmplojTnent by controller of special attorneys, etc. § 22. The state controller, whenever ho 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 detornune any tax hereunder, may, by and with 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 2U7 TAXATION. Act 4035b, §§23-26 behalf of the state, and, by and with such consent of the attorney gen- eral, he is hereby authorized 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 jiresentation of a sworn itemized account and on certificate of the state controller 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 fixing the tax and the same becoming final, shall exceed ten per centum of the tax and penalties collected; provided, that all reasonable and neces- sary expenses incurred, in any legal action or proceeding in any court of this state or on any appeal therefrom, other than attorney's fees, including expense of serving processes and printing and preparing of necessary legal papers, may be allowed and paid in the manner above provided, even though no tax be recovered in such action or proceeding, and the limitations herein made shall not apply thereto. Disposition of taxes collected. § 23. All taxes levied and collected under this act, up to the amount of two hundred and fifty thousand dollars 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 two hundred and fifty thousand dollars annually shall be paid into the state treasury to the credit of the general fund thereof. Delinquency of officials. § 24. Every officer who fails or refuses to perform, within a reason- able 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 one thousand dollars, 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. Oonstltutionality of act. § 25. 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 j)hrases be declared unconstitutional. Repealed. Saving clauses. § 26. 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 Acts 4036^043 general l.v.ws. 2148 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 gifts, legacies, inheritances, bequests, devises, successions and transfers; to provide for its collection, and to direct the disjiosition of its proceeds; to provide for the enforcement of liens created by this act and for suits to quiet title against claims of liens arising hereunder; to repeal an act entitled "An act to establish a tax on collateral inheritances, 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,' apjiroved 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 {•arts of acts in conflict with this act are hereby expressly repealed; provided, however, that such repeal shall in nowise afifect any suit, prose- cution 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 property under the provisions of the act or acts hereby repealed, for which no proceeding has been commenced; nor afl'ect any ai)peal, 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. ACT 4036. Citations. Cal. 159/393. ACT 4040. Citations. App. 8/133; 12/28. ACT 4043, An act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the state of California, exce]>t municipal corporations of the first class, and to provide for the consolidation and abolition of certain municipal offices and to provide that their duties may be performed by certain officers of the county, and fixing the compensation to be allowed for such county officers for the services so rendered to such municipal corporations. [Approved March 27, 1895. Stats. 1895, p. 219.] Amended 1905, p. 429; 1913, p. 441. The amendments of 1913 follow: Levy and collection of city tax by county ofi&cials permitted. To fix amount to be raised. § 1. Any nninicipal corporation or city in this state, except municipal corporations of the first class, shall have power to elect, by ordinance 2149 TAXATION. Act 4043, § 1 adopted by the board of trustees, common council, or other legislative body, or the electors, of such city or municipal corj)oration, that the duties of assessing property and collecting taxes provided by law to be jicrformed by the assessor and tax collector of such city or municipal corporation shall be performed by the county assessor and the county tax collector of the county in which such city or municipal corporation is situated. A certified Copy of such ordinance shall be filed with the auditor of the county in which such city or municipal corporation is situated on or before the first Monday in the month of February im- mediately following the adoption of such ordinance, and thereafter all' assessments made by the county assessor, as the same may be equalized or corrected by the board of supervisors or state board of equalization, shall be used as a basis for the levy of the taxes of such city or municipal corporation, and said taxes shall be collected by the assessor and tax collector of such county at the same time and in the manner county taxes are collected, until such city or municipal corpo- ration shall by ordinance elect not to have such duties performed by said assessor and tax collector for any longer time. Whenever any city or municipal corporation shall elect to avail itself of the provisions of this act relative to assessments and collection of taxes, the board of trustees, common council or other legislative body of such city or municipal corporation shall have the power, and it shall be their duty, before mak- ing the levy provided to be made by section 4 hereof, to fix by ordinance the amount of money necessary to be raised by taxation upon the tax- able property therein as a revenue to carry on the various departments of such municipal corporation or city for the current year, not to exceed the limit fixed by law, and to pay the bonded or other indebt- edness of such municipal corporation or city, or any portion or district thereof; and, whenever, in any municipal corporation or city electing to avail itself of the provisions of this act relative to assessment and col- lection of taxes, there is any district or portion of said municipal corpo- ration or city in which there must be levied a rate of taxation different from the rate to be levied in any other district or portion of such municipal corporation or city, the board of trustees, common council, or other legislative body of such municipal corporation or city shall cause to be filed on or before the first Monday of July of each year with the county auditor of the county in which such municipal corporation or city is situated, a, description of the exterior boundaries of each dis- trict or portion of such municipal corporation or city in which there must be levied a rate different from the rate to be levied in any other district or portion of such municipal corporation or city, and the said county auditor shall transmit to the said board of trustees, common council or other legislative body, at the same time that he shall transmit a statement in writing of the total assessed valuation of all property within said municipal corporation or city, as required by section 3 hereof, a statement in writing showing separately the total assessed valuation of all property in each of said districts or portions of such municipal Act 4043, §§4-9 general l.vws. 2150 corporation or city. [Amendment approved May 31, 1913; Stats. 1913 p. 441.] Rates fixed each year. § 4. Each board of trustees, common council, or other legislative bod^ of such city or municipal corporation, shall, not later than the last Tuesday in August of each year, fix the rate of taxes, or rates of taxes, if different portions or districts require different rates, designated in the number of cents upon each one hundred dollars, using as a basis the value of the property as assessed by the county assessor as the same may be equalized, and so returned to such board by the county auditor as required by section 3 of this act, which rate, or rates, of tax- ation shall be sufficient to raise the amount so fixed by such board as required by section 1 of this act, and the expense of colleition, whiih acts by said board are declared to be a valid assessment of such property and a valid levy of such rates so fixed. Such city or municipal board must immediately thereafter transmit to the county auditor of thd county in which such city or municipal corporation is situated a state- ment of such rate or rates so fixed by said body. [Amendment approved May 31, 1913; Stats. 1913, p. 443.] Duties of assessor and collector transferred. Offices abolished. § 8. Whenever any municipal corporation or city shall have availed itself of the provisions of this act relative to assessments and collection of taxes, all duties other than the assessing of the property of such city or municipal corporation theretofore performed by the city assessor shall be transferred to, and be performed by, the clerk of such city or municipal corporation, or such other officer as such city or municipal corporation by ordinance shall determine, and all duties other than the collection of taxes theretofore performed by the city tax collector shall be transferred to, and be performed by, the city marshal or chief of police of such city or municipal corporation, or such other officer as such city or municipal corporation shall by ordinance determine; and there- after the offices of city assessor and tax collector may by ordinance be abolished. And whenever any city or municipal corporation shall have availed itself of the provisions of section 2 of this act the office of city treasurer may be by ordinance abolished. [Amendment approved May 31, 1913; Stats. 1913, p. 443.] Collection of unpaid taxes. § 9. The collection of unpaid taxes levied on any property by any city or municipal corporation that shall have elected to avail itself of the provisions of this act relative to assessments and collection of taxes, shall be enforced by the sale of such property in the same manner and at the same time, and upon the same penalties, as property sold for nonpayment of county taxes, and real property so sold may be redeemed within the same time and upon the same terms as property sold for 2151 TAXATION. Acts 4059-4065 the nonpayment of county taxes; and whenever any real property situate in such city or municipal corporation has been sold for taxes and has been redeemed, the money paid for such redemption shall be appor- tioned by the county auditor to such city or municipal corporation in the proportion which the tax due such city or municipal corporation bears to the total tax for which such real property was sold. [Amend- ment approved May 31, 1913; Stats. 1913, p. 443.] Consolidation of offices with counties under charter. § 9a. Any county organized under a charter for its own government, framed under the provisions of section IVj of article 11 of the con- stitution of the state of California; or any city or town situated within said county, organized or incorporated under the provisions of section 6 of said article; or any city or town situated within said county here- tofore or hereafter organized by charter authorized by section 8 of said article shall have the power to prescribe, whenever such county charter so provides and the said county consents thereto, such other consolida- tion of county and municipal officers and the assumption and discharge of such functions thereof, as may be consistent with, and subject to said constitution. [New section approved May 31, 1913; Stats. 1913, p. 444.] ACT 4059. Citations. Cal. 157/656. App. 10/266. ACT 4061. Citations. App. 17/588. ACT 4063. Citations. Cal. 163/255. ACT 4065. An act to carry into effect the provisions of section 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 taxation of public service and other corporations, banks and insurance companies for the bene- fit of the state, all relating to revenue and taxation. [Approved April 1, 1911. Stats. 1911, p. 530.] Amended 1913, pp. 3, 615. Subjects taxed exclusively for state purposes. "Company" defined. § 1. Taxes levied, assessed and collected as hereinafter provided upon railroads, including street railways, whether operated in one or more counties; sleeping-car, dining-car, drawing-room car and palace car com- panies, refrigerator, oil, stock, fruit, and other car-loaning and other car Act 4065, §2 GENERAL LAWS. 2152 companies operating upon railroads in this state; companies doing express business on any railroad, steamboat, vessel, or stage line in this state; telegraph companies; telephone companies; companies engaged in the transmission or sale of gas or electricity; insurance companies; banks, banking associations, savings and loan societies, and trust companies; and taxes upon all franchises of every kind and nature, shall be entirely and exclusively for state purposes, and shall be assessed and levied by the state board of equalization, and collected in the manner hereinafter provided. The word "company" and the word "companies" as used in this act shall include persons, partnerships, joint stock associations, com- panies, and corporations. Public service corporatioiLS, how taxed. State and interstate business. Percentages. "Municipal" defined. § 2. All railroad companies, including street railways, whether oper- ated in one or more counties; all sleeping-car, dining-car, drawing-room car and palace-car companies, all refrigerator, oil, stock, fruit, and other car-loaning, and other car companies, operating upon the railroads in this state; all companies doing express business on any railroad, steam- boat, vessel, or stage line in this state; all telegraph and telephone com- panies; and all companies engaged in the transmission or sale of rn*? or electricity shall annually pay to the state a tax upon their fianchiscs, roadways, roadbeds, rails, rolling stock, jioles, wires, pipes, canals, con- duits, rights of way, and other property, or any part thereof, used exclusively in the operation of their business in this state, computed as follows: Said tax shall be equal to the percentages hereinafter fixed upon the gross receipts from operation of such companies and each thereof within this state. When such companies are operating partly within and partly without this state, the gross receipts within this state shall be deemed to be all recei|>ts on business beginning and emUni; within this state, and a proportion, based upon the proportion of the mileage within this state to the entire mileage over which such business is done, of receipts on all business passing through, into, or out of this state. The jiercentages above mentioned shall be as follows: On all railroad coni]i:inics, including street railways four and three fourths per cent; on all sleeping-ear, dining-car, drawing-room car, palace-car com- panies, refrigerator, oil, stock, fruit, and other car loaning, and other ear comi)anies four per cent; on all companies doing express business on any railroad, steamboat, vessel or stage line, two per cent; on all telegraph and telephone companies, four and two-tenths per cent; on all companies engaged in the transmission or sale of gas or electricity, four and six-tenths per cent. Such taxes shall be in lieu of all other taxes and licenses, state, county, and municipal upon the property above enumerated of such companies except as otherwise provided in section 14 of article 13 of the constitution of this state, and as provided in section 22 of article 4 of said constitution. The word "municipal" as used in this act shall apply to incorporated towns and cities formed 2153 TAXATION. Act 4065, §§ 3, 4 under article 11 of the constitution of this state and to none other. [Amendniont approved February 3, 1913; Stats. 1913, p. 4. In effect immediately.] Tax on insurance companies. Retaliatory provision. § 3. Every iiiPiirance company or association doing business in this state shall annually pay to the state a tax of one and three-fourths per cent upon the amount of the gross premiums received upon its business done in this state, less return premiums and reinsurance in companies or associations authorized to do business in this state; provided, that there shall be deducted from said one and three-fourths per cent upon the gross jtremiums the amount of any county and municipal taxes paid by such companies on real estate owned by them in this state. This tax shall be in lieu of all other taxes and licenses, state, county, and municipal, upon the property of such companies, except county and municipal taxes on real estate, and except as otherwise provided in the constitution of this state; provided, that when by the laws of any other state or county, any taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, are imposed on insurance companies of this state, doing business in such other state or country, or upon their agents therein, in excess of such taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, imposed upon insurance companies of such other state or country, so long as such laws continue in force, the same obligations and prohibitions of whatsoever kind must be imposed by the insurance commissioner upon insurance companies of such other state or coinitry doing business in this state. [Amendment approved February 3, 1913; Stats. 1913, p. 4. In effect immediately.] Tax on banks. Real estate deducted. Branch of foreign bank. "Banks" defined. § 4. The shares of capital stock of all banks, organized under the laws of this state, or of the United States, or of any other state and located in this state, shall be assessed and taxed to the owners or holders thereof by the state board of equalization, in the manner hereinafter provided, in the city or town where the bank is located and not else- where. There shall be levied and assessed upon such shares of capital stock an annual tax, payable to the state, of one per centum upon the value thereof. The value of each share of stock in each bank, except such as are in liquidation, shall be taken to be the amount paid in thereon, together with its pro rata of the accumulated surplus and un- divided profits. The value of each share of stock in each bank which is in liquidation shall be taken to be its pro rata of the actual assets of such bank. This tax shall be in lieu of all other taxes and licenses, state, county, and municipal, upon such shares of stock and upon the property of such bank, except county and municipal taxes on real estate and except as other-w^ise provided in the constitution of this state. In Act 4065, § 4 GENERAL LAWS. 2154 determining the value of the capital stock of any bank there shall be deducted from the value, as defined above, the Value, as assessed for county taxes, of any real estate, other than mortgage interests therein, owned by such bank and taxed for county purposes. The banks shall be liable to the state for this tax and the same shall be paid to the state by them on behalf of the stockholders in the manner and at the time hereinafter provided, and they shall have a lien upon the shares of stock and upon any dividends declared thereon to secure the amount so paid. The moneyed capital, reserve, surplus, undivided profits, and all other property belonging to unincorporated banks or bankers of this state, or held by any bank located in this state which has no shares of capital stock, or employed in this state by any branches, agencies, or other representatives of any banks doing business outside of the state of California, shall be likewise assessed and taxed to such banks or bankers by the said board of equalization, in the same manner as above provided for incorporated banks, and taxed at the same rate that is levied upon the shares of capital stock of incorporated banks, as pro- vided in the first paragraph of this section. In the case of a branch, an agency, or other representative of any bank doing business outside of this state, the capital of said branch, agency, or representative used in this state shall be taken to be the average amount owed by the said branch, agency, or representative to the bank of which it is a branch, agency, or representative during the j'ear ending the first Monday in March. The value of said property shall be determined by taking the entire prop- erty invested in such business, together with all reserve, surplus, and undivided profits, at their full cash value, and deducting therefrom the value as assessed for county ta.xes of any real estate, other than mort- gage interests therein, owned by such bank or banker and taxed for county purposes. Such taxes shall be in lieu of all other taxes and licenses, state, county, and municipal, upon the property of the banks and bankers mentioned in this section, except county and municipal taxes on real estate, and except as otherwise provided in the constitution of this state. All moneyed capital and property of the banks and bankers mojitioned in this paragraph shall be assessed and taxed at the same rate as an incorporated bank, provided for in this section. In deter- mining the value of the moneyed capital and property of the banks and bankers mentioned in this section, the said state board of equal- ization shall include and assess to such banks all propert}' and every thing of value owned or held by them which would go to make up the value of the capital stock of such banks and bankers, if the same were incorporated and had shares of capital stock. The word "banks" as used in this act shall include banking associations, unincorporated banks and bankers, branches, agencies or other representatives of any banks doing business outside of the state of California, savings and loan societies, and such trust companies, as conduct the business of receiving money on deposit, but shall not include building and loan associations. 2155 TAXATION. Act 4065, §§ 5-7 [Amendment approved February 3, 1913; Stats. 1913, p. 5. In effect im- mediately.] Tax on franchises. § 5. All franchises, other than those of the companies mentioned in sections 2, 3 and 4 of this act, shall be assessed at their actual cash value, after making due deduction for goodwill, in the manner herein- after provided, and shall be taxed at the rate of one per centum each year, and the taxes collected theron shall be exclusivly for the benefit of the state. 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 cor- poration incorporated under the laws of any other state or country, also the right, authority, privilege, or permission to maintain wharves, ferries, toll roads, and toll bridges, and to construct, maintain or op- erate, in, under, above, upon, through or along any streets, highways, public places, or waters, any mains, pipes, canals, ditches, tanks, con- duits or other means for conducting water, oil, or other substances. [Amendment approved February 3, 1913; Stats. 1913, p. 6. In effect immediately.] Municipal charges for special franchises not released. § 6. Nothing in this act shall be construed to release any company from the payment of any amount agreed to be paid or required by law to be paid, now or hereafter, for any special privilege or franchise granted by any of the municipal authorities of this state. "Gross receipts from operation" defined. Interstate business. No deduc- tions allowed. § 7. The term "gross receipts from operation" as used in section 2 of this act is hereby defined to include all sums received from business done within this state, during the year ending the thirty-first day of December last preceding, including the company's proportion of gross re- ceipts from any and all sources on account of business done by it within this state, in connectdon with other companies described in section 2 of this act. In case of companies operating partly within and partly without this state, the gross receipts within this state shall be deemed to be all re- ceipts on business beginning and ending within this state, and the pro- portion based upon the proportion of the mileage within this state to the entire mileage over which such business is done, of receipts on all business passing through," into or out of this state. No deduction shall be allowed from the gross receipts from operation for commissions, rebates, or other repayments, except only such refunds as arise from errors or overcharges; nor shall any deduction be allowed for payments from gross receipts to other companies for any purpose whatsoever, except such refunds as arise from errors or overcharges. Act 4065, § 8 GENERAL LAWS. 2156 Income derived from property not defined in this act as operative property shall not be included in the gross receipts for the purpose of determining the tax on the property and franchises provided for in section 2 of this act. "Operative property." Railroad franchises, roadways, etc. § 8. 1. The term "operative property" as used in this act shall in- clude: (a) In the case of railroad companies, including street railways: The franchises, roadwray, roadbed, rails, rolling stock, rights of way. sid- ings, spur tracks, switches, signal systems, cranes and structures used in loading and unloading cars, fences along the right of way, poles, wires, conduits, power lines, piers, used exclusively in the operation of the railroad business, depot grounds and buildings, ferry-boats, tugs and car-floats used exclusively in the operation of the railroad business; machine-shops, repair-.'-hops, roundhouses, car barns, power-houses, sub- stations, and other buildings, used in the oj>eration of the railroad busi- ness and so much of the land on which said shops, houses, barns, and other buildings are situate as may be required for the convenient use and occuj^ation of said buildings. Sleeping-cars, etc. (b) In the case of sleeping-car, dining-car. drawing-room car and palace-car companies, refrigerator, oil, stock, fruit, and other car-loaning, and other car companies operating upon railromls in this state: The franchises, cars, and other rolling stock. Express business. («•) In the case of companies doing express business on any railroad, steamboat, vessel, or stage line in this state: The franchises, cars, trucks, wagons, horses, harness, and safes. Telegraph and telephone. (d) In the case of telegraph and telephone companies doing business in this state: The franchises, rights of way, poles, wires, pipes, con- duits, cables, switchboards, telegraph and telephone instruments, bat- teries, generators, and other electrical appliances, and exchange and other buildings used in the telegraph and telephone business and so much of the land on which said buildings are situate as may be required for the convenient use and occupation of said buildings. Gas and electricity. Operative property not subject to local taxation. (e) In tlio cnse of companies engaged in th'c transmission or sale of gas or electricity: The franchises, towers, poles, wires, pipes, canals, tunnels, ditches, flumes, aqueducts, conduits, rights of way, dams, reser- voirs, water and water rights used exclusively in the business of the transmission or sale of gas or electricity; transformers, substations, gas- holders, gas and electric generators, switches, switchboards, meters, elec- 2157 TAXATION. Act 4065, § 8 trical and gas appliances, oil tanks, power plants, power houses, and other buildings and structures used in the operation of the business of the transmission or sale of gas or electricity and so much of the land on which said buildings and structures are situate as may be required for the convenient use and operation of said buildings; provided, that the ojiorative property of the companies enumerated in this section, shall also inclucle anj"^ other property not above enumerated that may be reasonably necessary for use by said companies exclusively in the opera- tion and conduct of the particular kinds of business enumerated in sec- tion 2 of this act. The ojierative property mentioned in subdivisions (a), (b), (c), (d), and (e), of this section shall not be subject to taxa- tion for county, municipal, or district purposes except as otherwise pro- vided for in the constitution and laws of this state; provided, however, that when any piece or parcel of property in this state owned by any of the companies mentioned in section 2 of this act is used partially by such company for any use reasonably necessary to the operation of any of the lines of business enumerated in section 2 of this act, and such property is also partially rented to or used by others or is partially used by the company for some other lines of business not among those so enumerated, or for purposes not reasonably necessary to the operation of any of said enumerated lines of business, it shall be considered oper- ative property in that proportion only which that part of the property mentioned in this proviso used by the company in the operation of any of said enumerated lines of business bears to the whole of the property mentioned in this proviso. Construction property not operative. 2. Any property of the classes mentioned in this section owned by a company constructing a new railroad, street railway, telegraph or tele- phone system, or plant or system for the transmission or sale of gas or electricity, no part of which new road, line, plant, or system is in operation, and the same classes of property when held by an operat- ing company solely for the construction of a new railroad or railway line, a new telegraph or telephone system, or a new plant or system for the transmission or sale of gas or electricity, and not to be used for betterments or additions to roads, lines, plants, or systems already under operation, shall not be considered operative property and shall be sub- ject to assessment and taxation for county, municipal, and district pur- poses. Any part of such property of any company mentioned in this section shall be classed and assessed as operative property when the state board of equalization shall determine that such property is rendering a substantial public service. Property rendering no service. 3. When any property in this state belonging to a company of the classes named' in this section is rendering no service to the public in this state, even though it may be rendering service to the public in some other state or states, such property shall not be considered as operative Act 4065, § 9 GENERAL LAWS. 2158 property, and shall be subject to assessment and taxation for county, municipal, and district purposes. Rules for assessors. 4. The state board of equalization shall have power to make rules and issue instructions not inconsistent with the constitution and laws of this state for the guidance of assessors in determining what is operative property and what is nonoperative property of companies named in this section. [Amendment approved June 12, 1913; Stats. 1913, p. 615.] Annual report. § 9. Such person or officer, as the state board of equalization may designate, of each of the companies mentioned in section 2 of this act, shall within ten days after the first Monday in March of each year, file with the said board a report signed and sworn to by one or more of said persons or officers, showing in detail for the year ending the thirty-first day of December last preceding, the various items as fol- lows: Name of company, nature of business, etc. 1. The name of the company, its nature, whether a person or persons, a partnership (with names of partners), an association, or corporation, and under the laws of what state, territory or country organized, the nature of its business, the location of its principal place of Tjusiness, the names and postoffice addresses of its presierty cannot be reached, then the said board shall, under such rules of notice as it may deem reasonable, set a date for a hearing, at which the 2161 ' TAXATION, Act 4065, § 11 assessor and the company may be present or represented. At such hear- ing the board shall, from the evidence presented and from the best infor- mation it can obtain, decide the matter in dispute, and determine whether such property is operative or nonoperative or in what proportion oper- ative and in what proportion nonoperative. The said board shall enter its decision in its minutes, and shall send a copy thereof to the assessor and the company, and also to the i)roper officer of any city affected ^hoioby. Said decision shall be binding upon all parties, the state, the county, city and county, municipality, or district, and the company, unless set aside by a court of competent jurisdiction, and each such assessor must note the decision on his assessment-roll, and must assess such property accordingly. If the state board of equalization shall find in the report of operative property furnished to said board by any company under the provisions of section 9 of this act, any piece or parcel of property which said board regards as nonoperative property, or partially operative and partially nonoperative, the board shall, within thirty days after receiving such report, notify said company thereof in writing, which notice shall con- tain a general description of the property and the reasons for regarding the same as nonoperative. It shall also mail a copy of the notice to any assessor in whose county, city and county, municipality, or district the property is located. If an agreement between the said board, the assessor, and the company as to the proper classification of such property cannot be reached, then the said board shall, under such rules of notice as it may deem reasonable, set a date for a hearing, at which the assessor and the company may be present or represented. At such hearing the board shall, from the evidence presented and from the best information it can obtain, decide the matter in dispute, and determine whether such property is operative or nonoperative, or in what proportion operative and in what proportion nonoperative. The said board shall enter its decision in its minutes, and shall send a copy thereof to the assessor and the company, and also to the proper officer of any city affected thereby. Said decision shall be binding upon all parties, the state, the county, city and county, municipality, or district, and the company, un- less set aside by a court of competent jurisdiction, and each such assessor must note the decision on his assessment-roll and must assess the property accordingly. Insurance commissioner to report. Companies. Gross premiums. Return premiums and reinsurance. Local taxes. Companies subject to re- taliatory law. Additional statements by insurance companies. § 11. The insurance commissioner of this state must on or before the last day of March in each year, make and file with the state board of equalization a report showing: 1. All companies, domestic and foreign, and all firms, associations, or persons, engaged in the business of insurance in this state. 136 Act 4065, § 12 GENERAL LAWS. 2162 2. The total amouct of the gross premiums received from its business in this state by each of said companies, firms, associations, and persons during the year ending the thirty-first day of December last preceding. 3. The amount of return premiums paid on business done in this state, and the amount of reinsurance on business done in this state paid to other insurance companies or associations authorized to do business in this state, by said companies, firms, associations, and persons, durin» said year. * 4. The amount of any county and municipal taxes paid during said year by such companies on real estate owned by them in this state, and where said real estate is located. In making this report he shall list separately all those companies, firms, associations, or persons, which, under the second proviso in sub- division (b) of section 14 of article 13 of the constitution and of sec- tion 3 of this act, are subject to a tax at a rate higher than one and one-half per cent on their gross premiums, or to any additional tax or burden, and shall indicate in each case the amount and character of said tax or burden. Every company, firm, association, or person engaged in the business of in.surance in this state shall file with the insurance commissioner on or before the first Monday in March of each year such statements in addition to, or in modification of, the statements required to be rendered under the provisions of article 16 of chapter 3 of title 1 of part 3 of the Political Code as said insurance commissioner shall deem necessary to enable him to prei>are the report required of him in this section and said statements shall be verified in the same manner as is provided for the verification of other statements by insurance companies in section 610 of the Political Code, except that those filed by foreign companies shall be verified by the oath of the manager thereof residing within this state. Bank reports. Unincorporated banks, branches, etc. Form of reports. § 12. The jiresident, secretary, treasurer, cashier, or such other otlii'tr as the state board of equalization may determine, of every bank referroii to in section 14 of article 13 of the constitution of this state, shall on the first Monday in March or within ten days thereafter make and file with the state board of equalization a sworn statement showing the condition of said bank at the close of business on the first Monday in March, and showing the amount of its authorized capital stock, the num- ber of shares issued and the par value thereof, the amount received for stock issued, the amount of its surplus and undivided profits, if any. a complete list of the names and residences of its stockholders and the number of shares held by each as of record on the books of the bank at the close of business on the first Monday in March; or, in the case of unincorporated banks and bankers, of banks having no capital stock and of branches, agencies, or other representatives of banks doing bnsi ness outside of this state, the money capital, reserve, surplus, undivided 1 2163 TAXATION. Act4065, §§ 13, 14 profits, and other taxable property, as further defined in section 14 of article 13 of the constitution of this state, used by them in the bank- ing business in this state, also a description of the real estate, other than mortgage interests therein, and the value of each piece thereof as assessed for the purpose of county taxation for the then current fiscal year. Branches, agencies, or other representatives of banks doing business out- side of this state, shall report the average amount owed by said branches, agencies, or other representatives, to the banks of which they are branches, agencies, or representatives, during the year ending the first Monday in March, also a description of the real estate other than mort- gage interests therein, and the value of each piece thereof as assessed for the purpose of county taxation for the then current fiscal year. The state board of equalization shall prescribe the form of reports, the manner of their verification, and may require the submission of tax receipts, or copies thereof certified to be correct by any notary public, in order to verify the statements as to the assessed value of the real estate, and may require such further information or statements as said board may deem necessary. Secretary of state to report corporations, etc. § 13. The secretary of state shall before the first day of April in the year 1911 report to the state board of equalization the names, principal place of business, date of incorporaation, term of existence, number of charter, and the funded debt, if any, and the then authorized capital stock of all corporations, whether formed under the laws of this state or of some other state or country, a copy of whose articles of incorporation is on file in his office, and which are authorized tx) do business in this state, and at such times thereafter and as often as the state board of equalization shall determine, report to said board the same information concerning all new corporations, whether formed under the laws of this state or of any other state or country, a copy of whose articles of incorporation shall have been filed in his oflSce, together with the amount of the capital stock thereof, and also the names and principal place of business of all corporations filing designation of agents or certificates of increase or decrease of capital stock in his office with the amount of the increase or decrease of the capital stock thereof. Annual report by holders of franchises. § 14. The owner or holder of every franchise subject to taxation as provided in section 5 of this act, shall within ten days after the first Monday in March in each year make a written report to the state board of equalization, signed and sworn to by the holder or owner him- self, if an individual, or by one of the copartners if such owner or holder is a copartnership, or by the president or vice-president and the treasurer or secretary if the owner is a corporation, containing such a concise statement or description of every franchise possessed or enjoyed on said day by such owner or holder, as the statt board of equaliza- tion may prescribe, a copy of the law, grant, ordinance, or contract under Act 4065, § 14 GENERAL LAWS. 2164 which the same is hold, or if possessed or enjoyed under a general law. a reference to such law, a statement of any condition, obligation, or burden imposed upon such franchise, or under which the same is enjoyed, and containing also: Name of company, its nature, etc. 1. Tiie name of the company, its nature, whether a person or persons, a partnership (with names of partners), an association, or corporation, and under the laws of what state, territory, or country organized, the nature of its business, the location of its principal place of business, the names and postofBee addresses of its president, secretary, auditor, treasurer, superintendent, and general manager, the location of its prin- cipal place of business in this state, the name and postoffiee address of its chief officer or managing agent in this state, and the names and addresses of all subsidiary companies whose property and business are operated b^ it. Capital stock. 2. The amount of its authorized capital stock, the amount thereof issued and outstanding on the first Monday in March, and the amouut paid in thereon or the value of the property received therefor. Debts. 3. The funded and floating debts and the interest paid thereon show- ing separately the debts of the operating company an(i of any subsidiary companies in this state on the thirty-first day of December last preced- ing. Value of stock. 4. The market value of the stock and of the outstanding bonds, or, when said stock or bonds have no market value, tlie actual value thereof, for such periods and for such dates aa the state board of ecjualization shall prescribe. Value of property. 5. The assessed value of its property as shown by the last completed assessment-roll in each county, city and county, and city in the state for <;he purj)oses of taxation, and if any property of such corporation be assessed and taxed outside of the state of California the place where assessed, the amount of such assessment and taxes there paid the cur- rent fiscal year. 5a. The market and actual value of all nonassessable real and personal property owu'hI by such company. .5b. The amount and actual value of all of said real and personal prop- erty referred to in the last two preceding sections, that is owned and jiossessed by the company at the date of its report; also, the amount and actual value of any otlier and additional real or personal property owned by the company at the date of said report. 2165 TAXATION. Act 4065, §§ 15, 16 Dividends. 6. The dividenrls paid during the year ending the thirty-first day of December last preceding, the surplus fund, if any, on said thirty-first day of December, or between such periods as the state board of equal- ization may determine. Those of the ojierating company and of each subsidiary company in this state to be shown separately. Receipts. 7. The gross receipts from all sources for the year ending the thirty- first of December last preceding, from the entire property and business, the gross receipts from such classes of business as the state board may designate, to be reported separately; also, the total gross receipts from intrastate business and from interstate business so far as the same relate to this state, the same to be separately stated. Expenses. 8. The operating and other expenses. Profit and loss. 9. The balances of profit and loss, between such periods as the state board of equalization may determine. Other necessary matters. 10. Siich other matters as the state board of equalization may deem necessary in order to enable it to assess and levy the taxes provided for in section 14 of article 13 of the constitution of this state. The state board 06 equalization shall ascertain and determine from the fore- going reports or from the best information it can obtain the actual cash value on the first Monday in March of each such franchise, and shall assess and levy the taxes thereon in accordance with the provisions of subdivision (d) of section 14 of article 13 of the constitution of this state. [Amendment approved June 12, 1913; Stats. 1913, p. 619.] Assessor to report to state board. § 15. Every assessor or auditor shall, in the manner, at the times, and for the year 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 property of any company subject to an assess- ment upon its franchise under the provisions of this act. Arbitrary assessment in case of failure or refusal to report. Penalty for failure or refusal to report. Penalty for false report. § 16. 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 assessments for state taxes hereinafter in this act provided for, and must make an estimate of the amount of the gross receipts, gross pre- miums, value of the shares of capital stock, or value of the franchises Act 4065, §§ 17, 18 general laws. 2166 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 Buch company shall again fail or refuse to furnish the verified report required by this act, the state board shall make an estimate of the amount of the gross receipts, gross premiums, ralue 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 refusal as above provided, and the said estimate so made 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. In case of each succeeding consecutive failure or refusal the said board shall follow the same procedure until a true statement shall be furnished. Any company failing or refusing to make and furnish any report pre- scribed in this act or rendering a false or fraudulent report shall be guilty of a misdemeanor and subject to a fine of not less than three hun- dred dollars and not exceeding five thousand dollars for each such ofifense. Any person required to make, render, sign, or verify any report, who makes any false or fraudulent report, with intent to defeat or evade the assessment required by this act to be maile, shall be guilty of a mis- demeanor, and shall for each such offense be fined not less than three hundred dollars and not more than five thousand dollars, or be im- prisoned not exceeding one year in the county jail of the county where said report was verified, or be subject to both said fine ^nd imprison- ment, at the discretion of the court. Extension of time for filing report. § 17. The state board of equalization may, for good cause shown, by order entered upon its minutes, extend for not exceeding thirty days, the time fixed in this act for filing any report herein provided for; provided, however, that for the year 1911 the said board may extend the period herein mentioned for not exceeding sixty days. Meetings of board of equalization. Assessment and levy of tax. Bank shares, taxation of. Notice of completion of assessment. Power to correct record. § 18. The state board of equalization must meet at the state cap- itol on the first Monday in March in each year, and continue in open session from day to day, Sundays anil holidays excepted, until the first Monday in .luly. Between the first Moniiay in March and the third Monday before the first Monerty assessed, and such assessments shall be classified and entered, in such separate parts of said record as the board shall pre- scribe. On the first Monday in July the secretary of the state board of equalization must deliver to the controller of state the record of assess- ments for state taxes, certified to by the chairman and secretary of the board, which certificate shall be substantially as follows: "We, , chairman, and , secretary, of the state boird of equal- ization of the state of California do hereby certify that between the first Monday in March and the first Monday in July, 19 — , the state board of equalization made diligent inquiry and examination to ascertain all property and comjianies suljjcct 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 con- stitution and laws of the state of California; that said board has not imposed any unjust or double assessment through malice or ill-will, or otherwise; nor allowed any company or property to escape a just assess- ment through favor or reward, or otherwise." But the failure to subscribe such certificate to such record of assess- ments for state taxes, or any certificate, shall not in any manner affect the validity of any assessment. Such record of assessments shall con- stitute the warrant for the controller to collect the taxes assessed and levied upon the property and franchises infMitif^ned in sei"tion 1 of this act. Taxes, when due and when delinquent. Taxes not secured by real estate. Sale for taxes. Residue of property. Notice when taxes due. § 20. The taxes assessed and levied as provided in section 14 of arti- cle 13 of the constitution of this state, and in and by the provisions of this act, shall be due and payable on the first Monday in July in each year, and one-half thereof shall be delinquent on the sixth Monday after said first ^fonday in .Tuly 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 I 2169 TAXATION. Act 4065, §20 P. M., an additional five per cent shall be arlded to the amount thereof; and the iin[)aid portion, or the remaining one-half of said taxes shall 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 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. 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 suflicient to secure the payment of the taxes, said board niav direct the controller, or his duly authorized representa- tive, 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. 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 post- ing such notice in three public places in such county. 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 of said property and a further statement that unless the taxes, penalties 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 accordance with law and said notice. 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 unsold portion of any property so seized, may be left at the pla,ce of sale at the risk of the owner. All of 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. Within ten days after the receipt of the record of assessments for state taxes, the controller must begin the publication of a notice to ap- pear daily for two weeks, in one daily newspaper of general circulation published at the state capital, in one daily newspaper of general cir- culation 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: 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 Act 4065, §§ 21, 22 general laws. 2170 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, fifteen per cent will be a(^ded to the amount thereof, and unless paid prior to the first Monday in P'ebruary 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 become due and payable at G o'clock P. M.; and if not paid to the state treas- urer at the capitol prior thereto, five per cent will be added to the amount thereof. Taxes lien on property. § 21. The taxes levied under the provisions of this act shall con- stitute a lien upon all the property and franchises of every kind and nature belonging to the companies subject to taxation for state pur- poses, which lien shall attach on the first Monday in March of each year. 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 property of the delinquent; the judgment is not satisfied nor the lien removed until such taxes, penalties, and costs are paid, or the property sold for the payment thereof. No final discharge in bankruptcy or decree of dissolution shall be made and entered W an}- court until all taxes, penalties, and costs due on assessments made under the jirovisions of this act shall have been paid and discharged. [Amendment approved June 12, 1913; Stats. 1913, p. 622.] Taxes paid to state treasurer. Controller's receipt. Credit for erro- neous payments. § 22. 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 levicl to pay the principal and interest of any bonded indebtedness mentioned in subdivision (e) of section 14 of article 13 of the constitution of this state, and the amount due to the cities, cities and counties, counties, towns, townships, and dis- tricts on account of said taxes assessed and levied for such bonded indebt- edness shall be paid to said cities, cities and counties, counties, towns, townsliips, or distri<'ts in the manner hereinafter in this act provided. The controller must mark the date of payment of any tax on the record of assessments for state taxes. He must give a receipt to the person 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, with a descrijdion 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. Whenever any taxes, penalties, or costs collected and paid to the state i 2171 TAXATION. Act 4065, § 23 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 equali- zation 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 rightfully belongs, at the time of the next payment of taxes. No claim for such credit shall be so audited, approved, al- lowed, or paid unless presented within one year after the payment sought to be refunded. 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 for- feited 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. [Amendment approved June 12, 1913; Stats. 1913, p. 622.] Actions for recovery of void taxes. § 23. 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 assessment upon the grounds stated in such protest, but no such action may be brought later than the third Monday in February next following the day on which the taxes were due, nor unless such company, person or asso- ciation 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. 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 be served upon the treasurer, 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 ap- peals are applicable 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. In any such action the court shall Act 4065, § 23a general laws. 2172 have power to render judgment for plaintifif for any part or portion of the tax, penalties or costs found to be void and so paid by plaintiff upon such assessment. [Amendment approved June 12, 1913; Stats. 1913, p. 623.] Reassessment because of invalidity. § 23a. 1. Every assesment of property made after November 8, 1910, under the provisions of section 14, article 13 of the constitution and the provision of this act which is, or may hereafter be adjudged to be invalid by reason of any illegality, invalidity, or irregularity, de- clared or existing, in the assessment of such property, or in the mode pro\i(led for the assessment thereof, shall be remade 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, and such reassessment and equalization shall be made Vjv the same oflicers and boards, at the same time or times, as are prescribed by law for the assessment and equalization of projierty, of the same classes or kinds as the property which hereby is required to be reassessed. 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 re- quired by law to be entered for the year or jears for which such assessments shall be made. And there is hereby levied for state pur poses 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. Reassessment and equalization. 2. -Ml jiroperty authorized to be reassessed by this act shall be re- assessed and equalized by the proper officers an«l 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 assessed, under such rules of notice and at the times and in the modes as are prescribed for the assessment and equalization of like classes of property; 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 equalizing the same, and for the levy and collection of taxes on like classes of property; 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 delinquent taxes and penalties upon like classes of property, the collectors of such taxes to allow as credits thereon all payments theretofore made on tlie tax as first levied. 2173 TAXATION. Act 4065, §24 No limitation as to time. '.->. There shall be no limitation or limitations as to the time in which actious for the collections of taxes levied under this section may be (Oinmenced, and all the provisions of law now or hereafter provided in respect to assessments, equalization, levy, and collection of taxes shall, where applicable, apply to reassessments, equalization, and re- levies and collections of taxes made under the provisions of this act. [New section approved June 12, 1913; Stats. 1913, p. 624.] Notice to delinquent companies. Charter forfeited. Governor's proc- lamation. Relief from forfeiture. Name of revived company. Ac- tion to collect tax. Attachment. § 24. Within ten days after the first Monday in February, the con- troller shall send by mail to the last known address of any company whose taxes are delinquent a notice of the amount of said taxes, penal- ties, and costs, and that if the said taxes, penalties, and costs are not paid on or before the Saturday 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 corporation will forfeit its charter to the state, and that if the delinquent company be a foreign corporation it will forfeit its right to do business in this state. If the taxes, penalties, and costs are not paid within the time specified in said notice, the controller shall, on said Saturday preceding the first Monday in March at 6 o'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 forfeited, 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. The governor shall forthwith issue his proclamation, declaring that the charters of such domestic corporations have been forfeited and the right of such foreign corporations to do business in this state has been forfeited. Said proclamation shall be filed immediately in the office of the secretary of state, 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 published in the city and county of San Francisco, and of one daily newspaper of general circulation published in the city of Los Angeles. The secretary of 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. Any such cor- poration making subsequent payment of all taxes, penalties, and costs due the state, and in addition thereto an amount equal to the taxes Act 4065, §24 general laws. 2174 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, 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 oflSce; provided, the rehabilitation of a corporation under the provisions of this act shall be without prejudice to any action, defense or right which accrued by reason of the original for- feiture; 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 deceive, 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 permitting such cor- poration to be revived or carry on any business under its former name; and such corporation shall have the right to use its former name or take such new name only upon filing an application therefor with the secretary of state and upon the issuing of a certificate to such corpo- ration 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; j>rovided, however, that the secretary of state shall not issue any certificate permitting any corporation to t^ke or use the name of any corporation heretofore organized in this state, and which has not suffered a forfeiture 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 9, part 3 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. The controller may, on or before the thirtieth day of April ne.Tt following said delinquency and forfeiture, bring an action in a court of compe- tent jurisdiction in the county of Sacramento in the name of the people of the state of California, 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 Procedure relating to service of summons, pleadings, proofs, trials, and appeals are applicable to the proceedings herein provided for. In such action a writ of attachment may be issued, and no bond or affidavit previous to the issuing of said attachment is re quired. In the case of companies whose charters or right to do business has been forfeited under the provisions of this act, service of summons may be made upon the persons now provided for by law to be served 2175 TAXATION. Act 4065, §§ 24a, 25 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 the taxes and penalties, or amount of the judgment recovered in such action must be made to the state treasurer. 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 equalization, 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 de- linquency, 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 assessment and levy of such taxes have been complied with. [Amendment approved February 3, 1913; Stats. 1913, p. 7. In effect immediately.] Unlawful for companies which have not paid tax to operate. Penalty. § 24a. 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. 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. [New section approved June 12, 1913; Stats. 1913, p. 625.] Powers and duties of state board. § 25. 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 carrying this act into effect: 1. To prescribe the forms upon which ihe reports required by sections 9, 12 and 14 of this act shall be made. 2. "Whenever deemed necessary, to visit as a board, or by the indi- vidual members thereof, or to send its secretary or duly appointed repre- sentative 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. To call before it, or any member thereof, or before its secretary Act 4065, §25 general laws. 2176 or duly appointed representative on such visit, any public officials, and to require them to produce any public record, papers or documents in their custody. 4. To issue subpoenas for the attendance of witnesses or the produc- tion 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. o. To require any person having knowledge of the business of any of the companies mentioned in section 14 of article IS 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 before the secretary or the duly appointed rejiresentative of said board, and bring with him for inspection any books, or papers, of such company 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 representative is authorized to administer such oath. 6. 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. 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 con- troller, or ex-controller, or for any person employed by him or for any person who may at any time have obtained such knowledge from any of the foregoing officers or jiersons, 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) Anj' information concerning the business affairs of any company 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 statements provided for in paragraphs numbered 1 to 10 of section 9 and paragraphs num- bered 1 to 10 of section 14 of this act. (b) Any information, other than the assessment and the amount of taxes levied, obtained by the state board of equalization in accordance 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 dispo- sition of its earnings contained in the report of a quasi-public corpora- tion which any such corporation may, by written communication specify- ing the items and presented at the time when it files its report, request shall be treated as confidential. 'zni TAXATION. Act 4065, §§ 26, 27 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. Any violation of the provisions of this subdivision, shall be a misde- meanor, 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. State board to equalize such assessments. Equalized value. § 26. 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 mortgage interests therein belonging to each bank in his county as assessed and equalized for purposes of county taxation. Whenever the state board of equalization is satisfied after investigation that any county assessor, or board of equalization, has assessed any real estate belonging to any bank above its full cash value and has thereby unjustly reduced 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 supervisors 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 assessor 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. 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 secretarj^ of the state board of equalization shall be prima facie evidence of the regularity of all proceedings of the board resulting in the action which is the subject matter of the order. State board to equalize assessments of real estate of insurance companies. Equalized value. § 27. 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 an insurance company as assessed and equal- ized for purposes of county and of city taxation. Whenever the state board of equalization is satisfied after investigation 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 unjustly 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 reason- able, equalize the assessed value of such real estate and shall, upon the 137 Act 4065, § 28 general laws. 2178 completion of said equalization, issue an order to said assessor or board of equalization 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 roal estate is located, fixing the assessed value of said real estate. 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 taxation 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 prima facie evidence of the regularity of all proceedings of the board resulting in the action which is the subject matter of the order. Assessors to segregate on assessment-roll. Duplicate to be sent to state board. State board to equalize assessments made for bond purposes. Tax rate for bonds to be separate. Same rate for all property for bond purposes. § 28. Each county, city and county, city, and district assessor must segregate on his assessment-roll, as directed by the state board of equal- ization: 1. The assessments made by the state board of equalization, and apportioned to the county, city and county, city, town, township, or dis trict, upon the franchises, roadway, roadbed, rails and rolling stock of all railroads operated in more than one county in this state under the provisions of the Political Code as the same existed and were in force on the seventh day of November in the year 1910; and 2. 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 interest of any bonded indebt- edness created and outstanding by any city, city and county, county, town, township, or district prior to the eighth day of November in the year 1910, as provided in subdivision (e) of section 14 of article 13 of the constitution of this state. Immediately upon completion of the assessment and equalization of property for the purposes of taxation in each year the amlitor 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 assess- ment-roll containing the assessments and apportionments referred to in paragraphs 1 and 2 of this section. Whenever the state board of equalization is satisfied after investiga- tion, that any county, city, or other assessor, or board of equalization, has assessed for taxation to pay the principal and interest of any bonded 2179 TAXATION. 'Act 4065, § 28 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 1910, as provided in subdivision (e) of section 14 of article 13 of the •constitution 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 purposes of county, city and county, city, or district taxation the property other than the franchise of any company taxable for a franchise under subdivi- sion (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 siu'h property, said state board shall, under such rules of notice to the dork 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 reason- able, 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. 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 outstanding 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. When making the tax levy and fixing the rates of taxation for county, city and county, city, town, township, or district purposes, the board of supervisors of any county, or city and county, and the corresponding authority in any city, having bonded indebtedness issued and outstand- ing on the eighth day of November in the year 1910, shall fix the tax rate for such bonded indebtedness separate and apart from all other tax rates, whether for subsequent bonded indebtedness or for other purposes. The county, city and county, or city auditor or clerk shall extend on the assessment-roll against the assessments segregated as herein provided, 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 controller and the amount so certified shall then be credited by the controller 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 Act 4065, § 29 general laws. 2180 payment said treasurer shall forthwith certify such fact to the tax collector who shall thereupon 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. Controller to settle in October and March. Excess paid by state. § 29. 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 any city, city and county, county, town, township or di.strict on the eighth day of November in the year 1910, 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 ses- sion of the legislature entitled 'An act to carry into effect the provisions of section 14 of article 13 of the constitution of the state of California, as said constitution was amended November 8, 1910, providing for the separa- tion of state from local taxation, and providing for the taxation 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 indebtedness created and outstanding by any city, city and county, county, town, township or district, on the eighth day of November in the year 1910. The controller shall in the months of October and March in each year settle with the treasurer 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 between the county or city and county treasurers and the controller as provided for in section 3Sti6 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 settle- ment shall notif}'^ the city or town treasurer of the amount of money due the city or town for said purposes, 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 ma tures 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 maturity, forward his warrant to such city or town treasurer in the manner above provided for the amount ascertained by him to be due. The treasurer 2181' TAXATION. Act 4065, §§ 30-33 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, township or district, respectively entitled thereto, and pay the same in the manner provided by law. 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 in- terest 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. § 30. Until the year 1918 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 with- drawal 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 coun-' ties in this state which sustain net loss of revenue by the withdrawal of railroad property from county taxation, under the provisions of section 14 of article 13 of the constitution of this state." State not to pay county treasurers' expenses. § 31. The provisions of section 3S76 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. § 32. The board of supervisors of each county shall in the month of September of each year determine 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 December 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. § 33. Any tax required to be levied for state purposes as provided in subdivision (e) of section 14 of article 13 of the constitution as amended the eighth day of November in the j'ear 1910, to meet any deficiency in the state revenue shall be assessed, levied and collected on all property in the state, not exempt from taxation, including the classes of property enum- erated in this act, under the provisions of the Political Code relating to the Act 4065, §§ 34, 35 general laws. " 2182 assessment, levy and collection of state and county taxes as said provisions were in force on the seventh day of November in the year 1910. Prior laws not repealed for certain purposes. § 34. Nothing in this act shall be construed as repealing any laws in force prior to the eighth day of November in the year 1910, relating to taxation, in so far as said laws may be necessary for the assessment, levy, and collection of state, county, city and county, municipal or dis- trict 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 1910; 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 sub- division (e) of section 14 of article 13 of the constitution as amended on the eighth day of November in the year 1910. Rates changed. Rates fixed after public hearing. § 35. In so far as the rates of taxation upon the property and fran- chises 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 subdivision (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 tax- ation herein and hereby determined, made, fixed and established to be paid by the jiersons, firms, companies and corporations specified, de- scribed 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 before this legislature upon and respecting the value of each and all of the prop- erties and franchises included within or enumerated in section 14 of article 13 of the constitution, and of all other and different property subject to taxation of any kind within the state of California, of which 2183' TAXATION. Act 4066 investigation and hearing every and all persons, firms, companies and corporatious concorned 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 opportunity to and did appear and were heard and introduced evidence before this legislature respecting and showing the value of said properties and franchises included within or enum- erated 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 consideration 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 enum- erated in said section 1-4 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 in- cluded within 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 tax- ation of any kind within the state of California as ascertained and de- termined as aforesaid by this legislature. [Amendment approved February 3, 1913; Stats. 1913, p. 9.] This act, inasmuch as it provides for a tax levy, shall, under the pro- visions of section 1 of article 4 of the constitution, take effect im- mediately. ACT 4066. An act to carry into effect the provisions of subdivision (e) of section 14 of article 13 of the constitution of the state of California as the said article was amended on the eighth day of November in the year 1910, in so far as the same relates to the state university; and also to provide for the permanent support and improvement of the University of California; and to that end making a continuing appropriation and creating an annual fund therefor; and repealing an act entitled: "An act to provide for the permanent support and improvement of the University of California by the levy of a rate of taxation and the Act 4066, §§ 1-3 GENERAL LAWS. 21S4 creation of a fund therefor, and to repeal an act approved February 14, 1887, entitled: 'An act to provide for the permanent support and improvement of the University of California by the levy of a rate of taxation and the creation of a fund therefor,' and also to repeal an act approved February 27, 1897, entitled 'An act to provide additional support and maintenance, and for the acquisition of necessary property and improvements of the University of California, by the levy of a rate of taxation, and the creation of a fund therefor,' " approved March 20, 1909. [Approved April 25, 1911. Stats. 1911, p. 1104.] State university fund created. § 1. In order to carry into eflFcct the provisions of subdivision (e) of section 14 of article 13 of the constitution of the state of California, as the said article was amended on the eighth day of November in the year 1910, in so far as the same relates to the state university, and to provide for the permanent support and improvement of the University of California, there is hereby created an annual fund, to be called "the state university fund." Said fund for the sixty-third fiscal year shall be equal to but not more than seven per cent in excess of the amount received by the university under the provisions of chapter 329 of the statutes of 1900 for the fiscal year ending June 30th in the year 1911; and provided, further, that such fund for each of the sixty-fourth, sixty-fifth and sixty- sixth fiscal years shall be equal to but not more than seven per cent in excess of the amount received by the university under this act for the immediately preceding respective fiscal year. Treasurer to transfer funds. § 2. The state treasurer shall each year transfer from the revenues from the taxes provided for in section 14 of article 13 of the constitu- tion of this state as paid article was amended on the eighth day of No- vember in the year 1910, together with all other state revenues, to the separate fund created by section 1 of this act, to be called the "state university fund," the amount of money provided for under the provisions of this act. Fund appropriated without reference to fiscal years. § 3. The money paid into the said "state university fund" is hereby appropriated, without reference to fiscal years, for the use and support of the University of California, and is exempted from the provisions of part 3, title 1, article 18, of an act entitled "An act to establish a Political Code," approved March 12, 1872, relating to the board of examiners. When there is any money in the said fund, the same may be drawn out upon the order of the board of regents of the University of California, or such officers of the board as may be duly authorized thereto. Upon the receipt of the order, the controller must draw his warrant upon the state treasurer, payable to the order of the treasurer of the University of Cali- fornia, out of the said "state university fund." 2185 TAXATION. Act 4067, § 1 Disposition of funds. § -i. The inonc.v derived from said fund must be applied only to the support and permanent improvement of the university; provided, how- ever, that not less than one-fourth of the said "state university fund" shall, until the close of the seventy-first fiscal year, be placed in a fund to be known and designated as the permanent building fund and which said fund must be devoted solely to the purposes of buildings and pro- viding permanent improvements for the university. The board of re- gents must include in its biennial report to the governor the statement of the manner and for what purpose all of the moneys referred to and raised under this act were expended. Repealed. § 5. An act entitled "An act to provide for the permanent support and improvement of the University of California by the levy of a rate of taxation and the creation of a fund therefor, and to repeal an act ap- proved February 14, 1887, entitled 'An act to provide for the permanent support and improvement of the University of California by the levy of a rate of taxation and the creation of a fund, therefor,' and also to re- peal an act approved February 27, 1887, entitled 'An act to provide additional support and maintenance, and for the acquisition of necessary property and improvements of the University of California, by the levy of a rate of taxation, and the creation of a fund therefor,' " approved March 20, 1909, is hereby repealed. This act shall not be construed as in any way repealing or amending any other existing law which provides for the support, maintenance or improvement of the state university. § 6. This act shall take effect immediately. ACT 4067. An act to provide for the reimbursement of counties in this state, which sustain net loss of revenue by the withdrawal of railroad property from county taxation, under the provisions of section 14 of article 13 of the constitution of this state. [Approved April 26, 1911. Stats. 1911, p. 1133.] Appropriation: Eeimbursement of counties for loss of railroad taxes. § 1. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, for each fiscal year hereafter to and including the fiscal year ending June 30, 1918, the sum of one hundred and thirty thousand eight hundred and ninety-seven dollars for the purpose of reimbursement of counties in this state which sustain net loss of revenue by the withdrawal of railroad property from county taxation under the provisions of section 14 of article 13 of the constitution of this state, and as provided in section 30 of an act of the thirty-ninth session of the legis- lature entitled, "An act to carry into effect the provisions of section 14 Act 4067a general laws. 2186 of article 13 of the constitution of the state of California as said con- stitution was amended November S, 1910. providing for the separation of state from local taxation, and providing for the taxation of public service and other corporations for the benefit of the state, all relating to revenue and taxation." Counties. § 2. The counties which sustain net loss of revenue, by the with- drawal of railroad property from county taxation under the provisions of section 14 of article 1.3 of the constitution of this state are the coun- ties of Imperial, Madera, Nevada, Placer, San Bernardino, Siskiyou, and Yuba, and the amount of net loss of revenue which said counties sustain by the withdrawal of railroad propertv from county taxation is as fol- lows: Imperial, $21,054; Madera, $2,478; Nevada, $5,861; Placer, $36,304; San Bernardino, $52,987; Siskiyou, $5,045; Yuba, $7,172. § 3. The controller is hereby directed to draw his warrant in favor of each of said counties for the amount of net loss of revenue to said counties respectively, in equal installments at the time and in the man- ner provided for settlement between treasurers of the counties or cities and counties and the state controller, by section 3866 of the Political Code and as is required by the provisions of section 30 of an act of the thirty-ninth session of the legislature entitled, "An act to carry into effect the provisions of section 14 of article 13 of the constitution of the state of California as said constitution was amended November 8, J910, providing for the separation of state from local taxation, and pro- viding for the taxation of public service and other corporations for the benefit of the state, all relating to revenue and taxation" and the state treasurer is directed to pay the same. § 4. This act shall take effect immediately. ACT 4G67a. An act appropriating money for the purpose of payment of that part of the jirincipal and interest of any bonded indebtedness created and out- standing by any city, city and county, county, town, township or dis- trict, on the eighth day of November in the year 1910 which is provided in section 14 of article 13 of the constitution of this state and as pro- vided in an act of the thirty-ninth session of the legislature entitled "An act to carry into effect the provisions of section 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 taxation of public ser- vice and other corporations for the benefit of the state, all relating to revenue and taxation." [Approved June 7, 1913. Stats. 1913, p. 916.] 2187 TAXATION. Act 4067b, § 1 Appropriation: Indebtedness account separation of taxes. When avail- able. § 1. There is hereby appropriated out of any money not otherwise appropriated the sum of one million four hundred thousand dollars for the purpose of payment of that part of the principal and interest of any bonded indebtedness created and outstanding by any city, city and county, county, town, township or district, on the eighth day of Novem- ber in the year 1910, as is provided 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 pro- visions of section 14 of article 13 of the constitution of the state of California as said constitution was amended November 8, 1910, provid- ing for the separation of state from local taxation, and providing for the taxation of public service and other corporations for the benefit of the state, all relating to revenue and taxation," and of said moneys hereby appropriated, the sum of seven hundred thousand dollars shall become available July 1, 1913, and the sum of seven hundred thousand dollars shall become available July 1, 1914. § 2. The state controller is hereby directed to draw his warrant for said sum, or so much thereof as may be necessary for said fiscal years, in the manner and at the times and as is required by the provisions of section 29 of an act of the thirty-ninth session of the legislature en- titled "An act to carry into effect the provisions of section 14 of article 13 of the constitution of the state of California as said con- stitution v/as amended November S, 1910, providing for the separation of state from local taxation, and providing for the taxation of public service and other corporations for the benefit of the state, all relating to revenue and taxation," and the state treasurer is hereby directed to pay the same. ^ Former act: See Stats. 1911, p. 1134; amended December 24, 1911 (S'tats. Ex. Sess. 1911, p. 115). ACT 4067b. An act to provide for the levy and collection of taxes for the support of the state government for the sixty-fifth and sixty-sixth fiscal years. [Approved June 16, 1913. Stats. 1913, p. 1083. In effect immediately.] Tax levy for support of state government for sixty-fifth fiscal year. Ad valorem tax. § 1. The state board of equalization shall, between the first Monday in March and the first Monday in July in the year 1913, for the sup- port of the state government assess and levy the taxes upon the prop- erty in the manner and upon the rates of taxation as provided for in subdivisions a, b, c, and d, of section 14 of article 13 of the con- stitution of the state of California, or if any rate of taxation shall Act 4067b, § 2 general laws. 2188 have been changed by the legislature pursuant to subdivision (f) of sai'l section and article, then upon such rate of taxation as so changed and fixed, for the purpose of raising the sum of fourteen million seven hun- dred forty eight thousand eight hundred dollars for annual expenditure for the support of the state government for the sixty-fifth fiscal year and in the event that the taxes so assessed and levied together with all available revenues other than those revenues required by law to be used for special uses, shall not raise said sum of fourteen million seven hundred forty-eight thousand eight hundred dollars, then said above- named revenues shall be deemed insufficient to meet the annual ex- penditures of the state for the sixty-fifth fiscal year, which deficiency if hereby declared to be the difference between the amount of taxes assessed and levied upon the property and in the manner and upon the rates of taxation as provided for in subdivisions a, b, c, and d of section 14 of article 13 of said constitution, or if any rate of taxation shall have been changed by the legislature pursuant to subdivision f of said section and article, then upon such rate of taxation as so changed and fixed, together with all other state revenues, other than those revenues required by law to be used for special uses, and said sum of fourteen million seven hundred forty-eight thousand eight hundred dol- lars, then said state board of equalization shall in accordance with the provisions of subdivision e of said section 14 of article 13 of the constitution of the state of California, between the first and second Mondays in September of the said sixty-fifth fiscal year, fix such an ad valorem rate of taxation upon each one hundred dollars in value of tax able property, ujton all the projicrty in the state of California not exempt from taxation under the law and subject to taxation for state purposes on the seventh day of November in the year 1910, as, after allowing five per cent for delinquencies, will raise for said sixty-fifth fiscal year the amount of said deficiency. Tax levy for support of state government for sixty-sixth fiscal year. Ad valorem tax. § 2. Tlio state board of equalization shall, between the first Monday in March and the first Monday in July in the year 1914 for the support of the state government, assess and levy the taxes upon the property in the manner and upon the rates of taxation as provided for in subdi\i sions a, b, c, and d of section 14 of article 13 of the constitution of the state of California, or if any rate of taxation shall have been changed by the legislature pursuant to subdivision f of said section and article, then upon such rate of taxation as so changed and fixed, for the purpose of raising the sum of fourteen million nine hundred eight thousand nine hundred dollars for annual expenditure for the sup- port of the state government for the sixty-sixth fiscal year and in the event that the taxes so assessed and levied together with all available revenues other than those revenues required by law to be used for special uses, shall not raise said sum of fourteen million nine hundred eight 2189 TAXATION. Act 4067b, §§ 3, 4 thousand nine hiindred dollars, then said above named revenues shall be deemed insufficient to meet the annual expenditures of the state for the sixty-sixth fiscal year, which deficiency is hereby declared to be the difference between the amount of taxes assessed and levied upon the jiroperty and in the manner and upon the rates of taxation as provided for in subdivisions a, b, c, and d of section 14 of article 13 of said constitution, or if any rate of taxation shall have been changed by the legislature pursuant to subdivision f of said section and article, then upon such rate of taxation as so changed and fixed, together with all other state revenues other than those revenues required by law to be used for special uses, and said sum of fourteen million nine hundred eight thousand nine hundred dollars, then said state board of equaliza- tion shall in accordance with the provisions of subdivision e of said section 14 of article 13 of the constitution of the state of California, between the first and second Mondays in September of said sixty-sixth fiscal year, fix such an ad valorem rate of taxation upon each one hundred dollars in value of taxable property, upon all the property in the state of California not exempt from taxation under the law and subject to taxation for state purposes on the seventh day of November in the year 1910 as, after allowing five per cent for delinquencies, will raise for said sixty-sixth fis-cal year, the amount of said deficiency. Valuations of property on which levies are made. § 3. The taxes by this act directed to be levied as provided for in subdivision e of section 14 of article 13 of the constitution of the state of California shall for the sixty-fifth fiscal year be levied upon the assessed valuation of all the property in the state of California subject to taxation as said assessment thereof was made and returned for said sixty-fifth fiscal year for the purpose of levying and collecting the taxes required to be levied and collected under the provisions of section 22 of article 4 of said constitution as that section was amended on the eighth day of November in the year 1910 and the taxes by this act directed to be levied as provided for in subdivision e of section 14 of article 13 of the constitution of the state of California shall, for the sixty-sixth fiscal year, be levied upon the assessed valuation of all property in the state of California subject to taxation as said assessment thereof was made and re- turned for said sixty-sixth fiscal year for the purpose of levying and collecting the taxes under the provisions of said section 22 of article 4 of said constitution. Collection of taxes. § 4. The taxes directed to be levied and collected by this act in con- formity with the provisions of subdivision e of section 14 of article 13 of the constitution of the state of California shall, for each of said fiscal years, be collected and paid over to the state treasurer in the manner and at the times provided for in title 9, part 3 of the Political Code, Act 4067c, §§ 1,2 GENERAL LAWS. 2190 as said title and part of said code were in force on the seventh day of November in the year 1910 in so far as the sections thereof provide for the collection and payment to the state treasurer of taxes heretofore levied and collected for state purposes. Current expenses. § 5. This act, inasmuch as it provides for a tax levy for the usual current expenses of the state shall, under the provisions of section 1 of article 4 of the constitution of the state of California, take effect imnieiliately. Former act: See Stats. 1911, p. 557. ACT 4067c. An act to provide for the assessment of property in cities governed under freeholders' charters, framed under the provisions of the constitution of this state, for the municijial taxes of such cities, and for the equalization and correction of such assessment by county officers, for the collection and enforcement of the payment of such taxes, including delinquent taxes, by such officers, for the sale and redemption from sale of property sold for the nonpayment of such taxes, and for the performance by county officers of the duties of officers of such cities respecting said matters; and to provide for the compensation to be paid to counties by such cities for the services performed by such county officers for such cities under the provisions of this act. [Approved June 6, 1913. Stats. 1913, p. 499.] Assessment, collection, etc., of city taxes by county officers authorized. § 1. The ihities of the officers of any city governed under .i free- holders' charter framed, ratified and approved in accordance with the provisions of the constitution of this state, with respect to the assess ment of property in such city for the municipal taxes thereof, to the equalization and correction of such assessment, to the collection, pay- ment and enforcement of such taxes, including delinquent taxes, and to the redemption of such property from sale or other penalty for the non])ayment of such municipal taxes, shall be performed by officers of the county in which such city is situated, when such performance is required of them as in this act provided. Duty of county officers to assess, collect, etc., city taxes. § 2. "Whenever the charter of any city mentioned in section 1 of this act, or any amendment to such charter, or any ordinance of such city authorized by and adopted under such charter or amendment thereto, shall provide that the duties of the council, or other legislative body, assessor, tax collector or other officers of such city with respect to the assessment of property in such city for the municipal taxes thereof. ^191 TAXATION. Act 4067e, § 3 to the pqualization and correction of such assessment, to the collection, I-aynient and enforcement of such taxes, including delinquent taxes, and to the redemption of such property from sale or other penalty for nonpayment of the municipal taxes of such city, shall be performed by certain designated officers of the county in which such city is situated, as set forth in such charter, or amendment thereto, or in such ordinance, it shall be the duty of such county officers so desig- nated to perform such duties in accordance with the provisions of this act; provided, however, that the several county officers so designated to perform such duties for such city shall be officers who respectively j)erform duties of the same character as the officers of such city whose duties are to be performed by such county officers. Copy of charter, etc., filed with supervisors. Separate list of property in annexed territory. Statement showing separate boundaries. § 3. Upon the taking effect of any such charter, charter amendment or ordinance of such city, providing that the duties of the officers of such city with respect to the matters mentioned in section 2 of this act shall be performed hj the officers of the county in which such city i? situated, a copy thereof, certified by the city clerk of such city, shall be filed with the board of supervisors of such county, on or be- fore the first Monday in February immediately following the taking effect of such charter, charter amendment or ordinance. The board of supervisors shall thereupon cause notice of such charter, charter amendment or ordinance to be given to the several county officers designated therein, and thereafter the assessment list of all property within such city, as contained in the assessment-roll made annually by the county assessor and equalized and corrected by the county board of supervisors, of all property assessed for taxation for county purposes in such county shall be the assessment-roll of the property within such city assessed for the purpose of the municiiial taxes of such city, and such assessment-roll shall be used as the basis for the levy of such municipal taxes. If, subsequent to the incorporation of such city, ad ditional territory has been added thereto, as originally incorporated, either by annexation of new territory thereto, or by the consolidation of other municipal corporations therewith, it shall be the duty of the county assessor in making the assessment of the property in such city, to list separately the property situated within the limits of such city as originally incorporated, and the property situated within the bound- aries of each such subsequent addition of territory thereto, and each such separate list shall be so headed and indicated in such assessment- roll that all property within the original limits of such city shall ap- pear therein as being so situated, and all propertj^ situated within any territory subsequently added thereto by any such annexation or con- solidation, shall appear therein as being so situated, and the date of each such addition of territory shall also be specified therein. As soon as practicable after the first Monday in March next succeeding the Act 4067c, §4 GENERAL LAWS. 2192 taking effect of such charter, charter amendment or orilinance, the city clerk of such city shall rleliver to the county assessor of such county, a statement in writing showing, separately, the exterior boundaries of said city, as originally incorporated, and the exterior boundaries of each body of new territory subsequently added thereto, as aforesaid, together with the date of each such addition of new territory; and as soon as practicable after the first Monday in March of each succeeding 3ear, a like statement shall be so delivered showing the boundaries of any new territory so added to such city since the delivery of the last preceding statement, together with the date of such addition of new territory. County auditor's statement of property valuations. Rates* Collection. Weekly payments to city treasurer. § 4. The count}' auditor of the county in which such city is situated must, on or before the second Monday in August of each year, trans- mit to the council or other legislative body of such city a statement in writing showing the total assessed valuation of all property within such city, which value shall be ascertained from the assessment-roll of such county, equalized and corrected by the board of supervisors thereof in the manner provided by law, and showing the total assessed valuation of all property within the limits of such city as originally incorporated, and the total assessed valuation, separately, of all prop- erty in each body of new territory so added to such city subsequent to the original incorporation thereof. Upon the delivery to the county auditor, not later than^the first day of September, of each year, of a statement certified by the city clerk of such city, showing the levy, or rate or rates per cent of taxes levied by the council or other legislative body of such city, for all municipal purj)oses for such year, including amounts required for the payment of interest and sinking funds for the bonded indebtedness of such city, and showing separately, the rate of taxes so levied upon all property within the limits of such city as originally incorporated, and the rate upon all property within the boundaries of each portion of such city added thereto subsequent to the original incorporation thereof as aforesaid, the county auditor must compute and enter in a separate column in the assessment-books of the property in such city, for such year, to be headed "City tax, city of ," (stating name of city), the several sums in dollars and cents to be paid as a municipal tax on the property therein enum- erated and assessed as being in such city, using the rate or rates of levy as fixed by the legislative body thereof, and the assessed value as found in such assessment-books. Such taxes so levied shall be collected by the county tax collector, at the same time and in the same manner as the county taxes of such county. On Monday of each week, the county tax collector shall pay to the treasurer of such city, the amount of all taxes so collected by such county tax collector for and on behalf of such city, during the preceding week, after making the 2193 TAXATION. Act 4067c, §§ 5, 6 deduction thorefiom hereinafter specified; and whenever any delinquent city taxes, together with costs and penalties thereon, have been paid to the county treasurer, or whenever any property in such city has ])een sold for the nonpayment of the city taxes thereon, and has been redeemed, the county treasurer shall likewise pay to the treasurer of such city, on Monday of each week, the amount of such delinquent taxes, and all costs and penalties thereon so collected by such county treasurer during the [)receding week, and the money collected for any such redemption, after making the deductions therefrom hereinafter specified. Sale of city property for taxes. § 5. Whenever the duties of the officers of any city with respect to the assessment of property therein for the municipal taxes of such city and to the collection of such taxes, are performed by county officers under the provisions of this act, the collection of unpaid municipal taxes of such cit}', levied on any property by such city, shall be en- forced by the sale of such property in the same manner and at the same time, and upon the same penalties, as property sold for non- payment of county taxes, and real property so sold may be redeemed within the same time and upon the same terms as property sold for the nonpayment of county taxes; and whenever any real property situate in such city has been sold for taxes and has been redeemed, the money paid for such redemption shall be apportioned by the county auditor to, and shall be paid to, such city in the proportion which the tax due such city bears to the total tax for which such real property was sold; provided, however, that upon the taking effect of any charter, charter amendment, or ordinance to the effect men- tioned in section 2 of this act, all taxes of such city that shall have been levied prior thereto, including delinquent taxes, shall be collected, the payment thereof enforced in the same manner and upon the same penalties, and property may be sold for the nonpayment thereof and may be redeemed from such sale in the same manner and under the same conditions as provided by the laws in force in said city at the time of the taking effect of such charter, charter amendment or ordi- nance; and such officers of such city as may be provided under the charter or ordinance thereof, shall collect and enforce the payment of such taxes, including delinquent taxes, and do any and all things that may be necessary in the sale of property for the nonpayment of such taxes and in the redemption thereof from such sale. Repeal of ordinance. § 6. Whenever any charter provision, or any ordinance of the char- acter mentioned in section 2 of this act shall be repealed, the duties authorized by such charter provision or ordinance so repealed to be performed by officers of the county in which such city is situated, shall thereupon cease to be performed by such officers; pro- 138 Act4067c, §§7, 8 GENERAL LAWS. 2194 vided, however, that upon such repeal, all taxes of said city that shall have Vjeen levied prior thereto, including delinquent taxes, shall, as in this act provided, be collected, the pa^-ment thereof enforced in tht same manner and upon the same penalties, and property may be sold for the nonpayment thereof and may be redeemed from such sale, in the same manner and under the same conditions as provided by laws applicable to the collection and enforcement of the payment of county taxes, including delinquent taxes, and to the sale and redemption from sale of property sold for the nonpayment of county taxes; and the officers of such county shall have all the powers and perform all the duties relative thereto as may be provided by law in the case of county taxes and the sale and redemi>tion from sale of property for the nonpayment thereof. Compensation of county. Limit. § 7. The amount of comjiensation to be charged by and paid to any county for the performance of services contemplated by the pro- visions of this act, for and on behalf of any city in such county, shall be fixed by agreement between the board of supervisors of such county and the legislative body of such city; provided, however, that such compensation shall in no event exceed one-half of one per cent of all moneys collected for such city as in this act i)rovided. The board of supervisors shall, by an order sjiread upon its minutes, direct that the county tax collector and the county treasurer shall deduct from all taxes or moneys in their hands, collected for or on behalf of such city, and before the payment thereof to the treasurer of such city as in this act provided, the percentage thereof to be charged by such county for the services mentioned in this act. and such percentage so deducted shall be paid into or transferred to such fund of the county and in such manner as the board of supervisors shall direct. Act provides alternative method. § 8. This act shall in no wise affect any other act or acts providing that duties of officers of cities may be performed by county officers; and if any such act or acts provide for or apply to the performance by county officers of the duties of officers of cities governed under freeholders' charters, this act is intended to, and does provide an alternative method by which the duties of the officers of any such city with respect to the matters mentioned in section 2 of this act may be performed by officers of the county in which such city is situated. 2195 TENEMENT HOUSES. Acts 4097, 4098 TITLE 518. TENEMENT HOUSES. ACT 4097. Au act to regulate the building and oocupaney of tenement honses in incorporated towns, incorjiorated cities and cities and counties, and to provide penalties for the violation thereof. [Approved April 16, 1909. Stats. 1909, p. 948.] Repealed 1911, p. 860. See Act 4098, post. Citations. App. 13/369. ACT 4098. An act to regulate the building and occupancy of tenement houses in in- corporated towns, incorporated cities, and cities and counties, and to provide penalties for the violation thereof and repealing an act en- titled, "An act to regulate the building and occupancy of tenement houses in incorporated towns, incorporated cities, and cities and counties, and to provide penalties for the violation thereof," ap- proved April 16, 1909, Statutes of California, of 1909, page 948. [Approved April 10, 1911. Stats. 1911, p. 860.] The entire act was amended June 13, 1913 (Stats. 1913, p. 737), to read as follows : Title of act. Enforcement. § 1. This act shall be known as the tenement house act, and its provisions shall apply to all incorporated towns, incorporated cities, cities and counties in the state of California. It shall be the duty of the department of health of incorporated towns, incorporated cities and cities and counties to enforce all the provisions of this act; provided, however, that incorporated towns, incorporated cities, cities and counties in the state of California shall have and are hereby given authority to designate and charge by ordinance, any other department than the department of health with the enforcement of this act or any portion thereof; provided, that the department of health of incorporated towns, incorporated cities and cities and counties shall always have supervision over and shall enforce the provisions of this act relating to sanitation, ventilation and health in all tenement buildings not in course of actual construction or alteration, and shall issue the permit hereinafter mentioned, entitled "Permit of occupancy upon completion of construction." In the event that an incorporated town, incorporated city or city and county shall by municipal ordinance designate another and diiferent department than the department of health to enforce the provisions of this act or any of them which by the provisions of this act may by such ordinance be transferred to the control of another department than the department of health all powers not so transferred shall be and remain in the department of health, Act 4098, § 2 GENERAL LAWS. 2196 Definitions . § 2. For the purpose of this act certain words and phrases are de- fined as follows: A, tenement house is any house or building, or portion thereof, of more than one story, which is designed, built, rented, leased, let or hired out, to be occupied or is occupied as the home or residence of four families or more living independently of each other, and doing their cooking upon the premises, or by three families so living and cooking and having a common right in the halls, stairways, yards, water- closets, or some or any of them. Provided, that a building of not more than two stories in height, which is designed, built, rented, leased, let or hired out, to be occupied or is occupied as the home or residence of not more than four families living independently of each other, and so constructed that each section is arranged to be occupied as the home or residence of a separate family and each section having an entirely independent and separate entrance and stairway from the street or from an outside vestibule on the level of the first floor of said building and with no room, hall, bathroom, waterdoset, kitchen or other convenience used in common by two or more families occupying said building, shall not come within the definition of a tenement house contained in this act. An "apartment" in a tenement house is a room or a suite of rooms which is occupied, or is intended or designed to be occupied as a family domicile. A "yard" is an open, unoccupied space on the same lot with a tene ment house, situated in the rear of said tenement house; provided, that in case of a corner lot the yard may be placed in the rear of either frontage. A "court" is an open, unoccupied space, other than a yard, on the same lot with a tenement house. A court not extending to the street or yard is an inner court. A court extending to the street or yard and bounded on three sides by a tenement house on the same lot is an outer court. If it extends to the street it is a street court. If it extends to the yard it is a yard court. If it extends from the street to the yard it is a street-to yard court. A court bounded on one side and both ends by a tenement house and on the remaining side by a lot line is a "lot-line" court. A "court" bounded on one side and one end by a tenement house and on the remaining side by lot line and the remaining end open to the etreet or yard is a lot-line outer court. A "shaft" includes exterior and interior shafts, whether for air, light, elevator, dumbwaiter, or any other purpose. A vent shaft is one used solely to ventilate or light a water-closet compartment or bathroom. A "public hall" is a hall, corridor or passageway not within an apartment. 2197 TENEMENT HOUSES- Act 4098, §§ 3, 4 A "private hall" is a hall, passageway, corridor or vestibule vpithin an apartment. A "stair hall" includes the stairs, stair landings and those portions of the public halls through which it is necessary to pass in going between the entrance hall and the roof. A "basement" is a storj' partly below the level of the curb, the ceil- ing of which is not less than seven feet above the curb level. A "cellar" is any story partly or wholly below the level of the curb, the ceiling of which is less. than seven feet above the curb level. A fireproof tenement house is one the walls of which are constructed of brick, stone, iron or other incombustible material, and in which there are no wooden beams or lintels, and in which the floors, roofs, stair halls and public halls are built entirely of brick, stone, iron, or other hard incombustible material, and in which no woodwork or other inflammable material is used in any of the partitions, furrings or ceil- ings. But this definition shall not be construed as prohibiting else- where than in the stair halls or entrance halls, the use of wooden flooring on top of the fireproof floors or the use of wooden sleepers, nor as prohibiting wooden handrails, and hardwood treads. A "wooden tenement" is a tenement of which the exterior walls or a portion thereof are of wood. Wooden buildings covered with metal, plaster, terra cotta, or veneered with masonry are wooden structures. For the purpose of this act the greatest horizontal linear dimension of any building shall be its length, and the next greatest horizontal linear dimension its width. The height of buildings shall be measured from the curb level at the center of the main front of the building to the top of the highest point of the roof beams in case of flat roofs, and for high pitched roofs the average height of the gable shall be taken as the highest point of the building. For a building erected upon a street corner, the measurements shall be taken from the curb level opposite the center of either front. When the ground upon which the walls of a structure are built is above the street level, the average level for the ground adjoining the walls may be taken instead of the curb level for the height of such structure. Buildings altered subject to act. § 3. A building not erected for use as a tenement house, if here- after altered ox converted to such use, shall thereupon become subject to all of the provisions of this act affecting tenement houses hereafter erected. Unlawful structures. § i. No tenement house shall at any time be altered so as to be in violation of any provision of this act. If any tenement house or any part thereof be erected, altered or occupied contrary to law, such Act 4098, §§5-9 GENERAL LAWS. 2198 tenement house shall be deemed an unlawful structure, and the de- partment of health, or the department charged with the enforcement of this act, may cause such building to be vacated, and such building shall not again be occupied until it or its occupation, as the case may be, has been made to conform with the law. Area of lot covered. § 5. No tenement house hereafter erected shall occupy more than ninety per cent of a corner lot or more than sevent^'-five per cent of any other lot, except as otherwise provided in this act; provided, that the space occupied by open iron fire-escapes erected and constructed according to law shall not be deemed a part of the lot occupied, but that the space occupied by fireproof stairs, and by vent shafts thirty- two square feet or less in area, shall be considered as part of the lot occupied. For the purposes of this section the measurements may be taken at the level of the second tier of beams (the second floor level), except where rooms on the ground floor are to be used for sleeping apartments. Comer lots. § 6. By corner lot is meant a lot situated at the junction of two streets, or of a street and public alley or other public thoroughfare or public park, not less than sixteen feet in wiroof tenement house may be built four stories in height; provided, the exterior walls are all of brick or stone or concrete and all other municipal requirements for this class of building are com- plied with. If in addition to above requirements all joists, girders, studding, furring and the soflits of stairs be lathed with metal lath and plastered, such tenement houses may be built not to exceed six stories; jirovided, the height limits imposed by municipal ordinance for all buildings of this particular class be not exceeded. A cellar is not a story within the meaning of this section. However, the building may step up or down to follow the grade, provided that no part of said building exceeds the number of stories provided for in this section. Tenements over six stories to be fireproof, § 35. Every tenement house hereafter erected exceeding six storie* or parts of stories in height (above the curb) shall be a fireproof tene- ment house. A cellar is not a story within the meaning of this section. Stand-pipes and fire-escapes. § 36. Every tenement house shall be provided and equipped with stand pipes and with metallic fire-escapes, combined with suitable metallic balconies, ])latforms and railings, as provided for, or which shall be provided for by the ordinances of the incorporated town, in- corporated city or city and county in which the tenement house is situated. No encumbrance of any kind shall at any time be placed be- fore, upon or against any stairway, steps or landings or fire-escapes in 2209 TENEMENT HOUSES. Act 4098, §§ 37-40 or upon any tenement house. All fire-escapes upon tenement houses shall be kept in good order and repair, and every exposed part thereof shall at all times be protected against rust by durable paint. Stairway to roof. § 37. Every tenement house hereafter erected, more than two stories in height, shall have a stairway not less than three feet in width lead- ing to an opening on to the roof and provided with a penthouse over such a stairway (such penthouse to be constructed on the inside and ceiling of same materials as required in this section for the walls in- closing stairway, and provided with a door). Such stairway shall be provided with proper handrail and be inclosed with walls of fireproof materials or wood studs lathed on the stair side with metal lath and plaster, or such wood studs may be covered with metal in lieu of metal lath and plaster. Any door opening from such stairway to the roof space shall be covered on the stair side with metal. The soHHr; of all such stairs shall be covered with metal or metal lath plastered. Stairs from entrance to roof. § 38. Every tenement house hereafter erected, more than two stories in height, shall have at least one flight of stairs, extending from the en- trance floor to the roof and the stairs and public halls therein shall be at least three feet wide in the clear and every nonfireproof tenement house containing not more than fifty rooms shall have a secondary flight of stairs running from the top floor down to the second floor and not less than two feet six inches wide. A fire-escape may take the place of this second stairway, provided said fire-escape connects directly with a public hallway or is accessible to each apartment. Stairs in nonfireproof tenements. § 39. Every nonfireproof tenement house hereafter erected contain- ing over fifty" rooms, exclusive of bathrooms, above the entrance story, shall also have an additional flight of stairs for every additional eighty rooms or fraction thereof, if said house contains not more than one hundred rooms above the entrance story, in lieu of an additional stair- way, the stairs, stair halls and entrance halls throughout the entire building shall be at least one-half wider than is specified in sections 38 and 42 of this act. However, where an additional flight of stairs is added in accordance with the provisions of this section, the secondary stairway required in section 39 may be omitted. Additional stairs in fireproof tenements having more than one hundred and twenty rooms. § 40. Every fireproof tenement house hereafter erected containing over one hundred and twenty rooms above the entrance story, exclusive of bathrooms, shall have an additional flight of stairs for every ad- ditional one hundred and twenty rooms or fraction thereof, but if said 139 Act 4098, §§ 41^5 general laws. 2210 house contains not more than one hundred and eighty rooms above the entrance story, exclusive of bathrooms, in lieu of an additional stair- way the stairs, stair halls and entrance halls throughout the entire building may each be at least one-half wider than is specified in sections 38 and 42 of this act, and if such house contains not more than three hundred rooms above entrance story, exclusive of bathrooms, in lieu of four stairways there may be but three stairways; provided, that one of such stairways and the stair halls and entrance halls connected there- with are at least one-half wider than is specified in sections 38 and 42 of this act. Construction of stairs. § 41. Each flight of stairs mentioned in the last two sections shall have an entrance on the entrance floor from the street or street court, or from an inner court which connects directly with the street. All stairs shall be constructed with a rise of not more than eight inches, and with treads not less than nine inches wide, exclusive of nosings. Where winders are used all treads at a point eighteen inches from the strings on the wall side shall be at least ten inches wide. Entrance halls. § 42. Every entrance hall in a tenement house hereafter erected shall beat least three feet six inches in the clear from the entrance up to and including the stair closure, and beyond this point three feet wide in the clear. In every tenement house hereafter erected, access shall be had from the street to the yard, either in a direct line or through a court. No closets under stairways. § 43. In noufircproof tenement houses hereafter erected no closet of any kind shall be constructed under any stairway leading from the first story exclusive of the cellar, to the upper stories, but such space shall be left entirely open and kept clear and free from encumbrance. Cellar entrances. § 44. In every tenement house hereafter erected there shall be an entrance to the cellar or other lowest story from the outside of said building. Tenements not to be increased in height. § 45. No tenement house shall be increased in height or its lot decreased so that its yard shall be diminished to less than is required by sections 8 to 11 inclusive of this act, or so that a greater percentage of the lot shall be occupied by buildings or structures than provided for in section 5 of this act. For the purpose of this section, the measure- ments for computing the percentage of lot to be occupied may be taken at the level of the second tier of beams, the second floor level, except in tenement houses where rooms on the ground floor are to be occupied 2211 TENEMENT HOUSES. Act 4098, §§ 46-51 as sleeping apartments; provided, that the space occupied bv open iron fire-escapes and by chimneys or flues located in yards and attached to the house, which do not exceed five square feet in area and do not ob- struct the light or ventilation, shall not be deemed part of the lot occupied. Height limited to one-half width of street. § 46. No tenement house shall be increased in height so that said building shall exceed in height by more than one-half the width of the widest street on which it stands. Area of shafts or courts. § 47. Any shaft or court used or intended to be used to light or ventilate rooms intended to be used for living purposes, and which may hereafter be placed in tenement houses erected prior to the passage of this act, shall not be less in area than twenty-five square feet, or less than four feet in width in any part, and such shaft shall under no circum- stances be roofed or covered over at the top with a roof or skylight. Additional rooms to comply with a«t. § 48. Any additional room or hall that is hereafter constructed or created in a tenement house shall apply in all respects with the pro- visions of this act applicable to tenement houses to be erected here- after, except that such rooms may be the same height as the other rooms of the same story of the house. Light or ventilation not to be diminished. § 49. No tenement house shall be so altered that any room or pub- lie hall or stairs shall have its light or ventilation diminished in any way not approved by the health department or other department des- ignated by municipal ordinance for that purpose. Rooms not to be subdivided by curtains. § 50. No part of anj' room in any tenement house shall hereafter be inclosed or subdivided wholly or in part, by a curtain, portiere, fixed or movable partition, or other contrivance or device, unless such part of the room so inclosed or subdivided, shall contain a window as required by section 18 of this act, and have a floor area of not less than ninety square feet; provided, however, that closets or alcoves of not more than twenty five square feet in area do not come within the provisions of this section. New water-closets. § 51. Every new water-closet hereafter placed in a tenement house, except one provided to replace a defective or antiquated fixture in the same location, shall comply with the provisions of section 31 of this act relative to water-closets in tenement houses hereafter erected. Act 4098, §§52-58 general laws. 2212 Wooden tenements limited to one hundred and fifty rooms. § 52. No existing wooden tenement house shall hereafter be in- creased in size so as to contain more than one hundred and fifty rooms exclusive of bathrooms. Not to exceed three stories high. § 53. No wooden tenement house shall be increased in height so as to exceed three stories, exclusive of the cellar. However, the building may step up or down to follow the grade; provided no part of said building is over three stories in height. Alteration of nonfireproof tenements. § 54. A nonfireiiroof tenement house may hereafter be altered to be four stories in height; provided, the exterior walls are all brick or stone or concrete and all other municipal requirements for this class of build- ing are complied with. If in addition to the above requirements all joists, girders, studding, furring and the soffits of stairs be lathed with metal lath and plastered, such tenement houses may be built not to exceed six stories; provided, the height limits imposed by municipal ordinances for all buildings of this particular class be not exceeded. A cellar is not a story within the meaning of this section. However, the building may step up or down to follow the grade; provided no part of the said building exceeds the number of stories provided for in this section. Only fireproof tenements over six stories. § 55. No tenement house shall hereafter be altered to exceed six stories or parts of stories in height unless it is a fireproof tenement house. A cellar is not a story within the meaning of this section. Stairs to roof not to be removed. § 56. No stairs leading to the roof in any tenement house shall be removed or replaced with a ladder, unless a new stairway is built in conformity with the requirements of section 37. Public halls not to be reduced. § 57. No public hall or stairs in a tenement house shall be reduced in width so as to be less than the minimum width prescribed in sections 38 and 42 of this act. Light burning in hall. § 58. In every tenement house containing fifteen rooms or more, where the public halls and stairs are not in the opinion of the health department or other department designated by municipal ordinance for that purpose, sufficiently lighted, the owner of such house shall keep a proper light burning in the hallway near the stairs upon each floor from sunrise to sunset. 2213 TENEMENT HOUSES. Act 4098, §§ 59-62 Light in hall from sunset to sunrise. § 59. In every tenenieut house containing fifteen rooms or more, a proper light shall be kept burning by the owner in the public hallways, near the stairs, upon the entrance floor, and upon the second floor above the entrance floor of said house every night from sunset to sunrise throughout the year, and upon all other floors of the said house from sunset until 10 o'clock in the evening. Water-closets in cellar. § 60. No water-closets shall be maintained in the cellar of any ten- ement house without a special permit in writing from the health de- partment, or other department designated by municipal ordinance for that purpose which shall have power to make rules and regulations governing the maintenance of such closets. One water-closet to two families. § 61. In every tenement house existing prior to the passage of this act, at least one water-closet shall be provided for every two fam- ilies; provided, however, that the health department or other depart- ment designated by municipal ordinance for that purpose may exempt any tenement house existing prior to the passage of this act from the provision in this section above contained, whenever, in the judgment of said department, it would not be detrimental to the health of the occupants of said tenement house and the written permit be_ signed by an officer of said department authorized so to do and filed in said de- partment as a part of its records; provided, further, that the above exemption shall not apply to extensions of or additions to tenement houses existing prior to the passage of this act. No living rooms in cellar except on certain conditions. § 62. In no now existing tenement house shall any room in the cellar be constructed, altered, converted or occupied for living purposes; and no room in the basement of a tenement house shall be constructed, altered, or converted to be occupied for living purposes, unless all of the following conditions of this act be complied with, and at least two thirds of the basement shall be above grade for building; provided, in each case it shall be at least seven feet above the street grade and actual ground level. Such rooms shall be at least eight feet six inches high in all now existing tenement houses in every part, from the floor to the ceiling. There shall be appurtenant to such room or apartment a water-closet conforming to the regulations and ordinances relating to water-closets, of the incorporated town, incorporated city, or city and county in which the tenement house is or is to be built. All walls shall be damp-proofed, and there shall be an open areaway extending to bottom of basement floor and running dear across outside of at least one room in each apartment. Act 4098, §§63-70 general laws. 2214 Floors around water-closets to be kept m repair. § 63. In all tenemeut houses the floor and wall surfaces beneath and around all water-closets and sinks shall be maintained in good order and repair, and if of wood shall be kept well painted with light colored paint. Roof kept in repair. § 64. The owner of every tenement house shall see that such house and all parts thereof shall be kept in good order and the roof shall be kept so as not to leak, and all rain water shall be so drained and con- veyed therefrom as to prevent its dripping on the ground or causing dampness in the walls, ceilings, yards, or areas. To be kept clean. § 65. The owner of every tenement house shall see that such house and every part thereof shall be kept clean and free from any accumula- tion of dirt, filth or garbage or other matter in or on the same, or in the yards, courts, passages, areas or alleys connected or belonging to the same. Court walls whitewashed. § 66. The walls of all yard courts, inner courts and shafts, unless built of light colored brick or stone, shall be thoroughly whitewashed by the owner, lessee or tenant, or shall be painted a light color and so maintained. Paint to improve lighting of rooms. § 67. In all tenement houses, the health department or other de- partment designated by municipal ordinance for that purpose may require the walls and ceilings of every room that does not open directly on the street to be kalsomined white or painted with white paint when necessary to improve the lighting of such rooms, and may require this to be renewed as often as may be necessary. Wallpaper. § 68. No wallpaper shall be placed upon a wall or ceiling of any tenement house unless all wallpaper shall be first removed therefrom and said wall and ceiling thoroughly cleaned. Garbage receptacles. § 69. The owner of every tenement house shall provide for said building proper and suitable conveniences or receptacles for ashes, rubbish, garbage, refuse and other matter. Animals not to be kept in tenements. § 70. No horse, cow, calf, swine, goat, rabbit, or sheep, chickens or i>oultry shall be kept in a tenemeut house, or within twenty feet thereof on the same lot, and no tenement house or the lot or premises 2215 TENEMENT HOUSES. Act 4098, §§ 71-75 thereof, shall be used for a lodging house or stable, or for the storage or handling of rags. Janitor. § 71. Whenever there shall be more than eight families living in any tenement house, in which the owner does not reside, there shall be a janitor, housekeeper, or some resi)ousible person who shall reside in said house and have charge of same, as the department charged with the enforcement of this act shall so require. Four hundred cubic feet of air to each person. § 72. No room in any tenement house shall be so overcrowded that there shall be afforded less than four hundred cubic feet of air to each person occupying such room. Combustible articles not to be stored in tenements. § 73. No tenement house or any part thereof, nor of the lot upon which it is situated, shall be used as a place of storage, keeping or handling of any combustible article except under such conditions as may be prescribed by the department of any incorporated town, in- corporated city, or city and county to which this act applies, which are now charged with the enforcement of laws, ordinances, or regu- lations, relating to the erection of buildings, the protection of public health, and police and fire protection. No tenement house nor any part thereof, nor of the lot upon which it is situated, shall be used as a place of storage, keeping or handling of any article dangerous or detrimental to life or health, nor for the storage, keeping or handling of feed, hay, straw, excelsior, cotton, pa£er stock, feathers or rags. Bakery in tenements. § 74. No bakery, and no place of business in which fat is boiled shall be maintained in any tenement house which is not fireproof throughout, unless the ceilings and side walls of said bakery or place where fat boiling is done are made safe by fireproof materials around the same, and there shall be no openings either by door or window, dumb-waiter shafts or otherwise, between said bakery or said place where fat is boiled in any tenement house and the other parts of said building. Transoms where paints are stored. § 75. All transoms and windows opening into halls from any portion of a tenement house where paint, oil, spirituous liquors or drugs are stored for the purpose of sale or otherwise, shall be glazed with wire glass or they shall be removed and closed up solidly as the rest of the wall. And all doors leading into such hall from such portion shall be made fireproof, Act 4098, §§76-79 GENER.VL. LAWS. 2216 Scuttles and penthouses. § 76. All scuttles and penthouses and all stairs or ladders leading thereto shall be easily accessible to all tenants of the building, and kept free from encumbrance, and ready for use at all times. No scuttle and no penthouse door shall at any time be locked with a key, but either may be fastened on the inside by movable bolts or hooks. Sleeping-rooms to have windows on streets, etc. § 77. Xo room in a tenement house erected prior to the passage of this act shall hereafter be occupied for sleeping purposes, unless it shall have a window o[>ening directly upon the street, or upon a yard not less than ten feet deep, or above the roof of an adjoining building, or upon a court of not less than twenty square feet in area, open to the sky without roof or skylight, unless such room is located on the top floor and is adequately lighted and ventilated by a skylight opening directly to the outer air, or is on the top floor and has a window open- ing upon a court not less than ten square feet in area and not more than three feet below the top of the walls of said court. Every room in such tenement house, regardless of the use thereof, shall comply with the above provisions; or, if the room be not used for sleeping purposes, shall be provided with a sash window, opening into an ad- joining room in the same apartment which latter room either opens directly on the street or on a yard of the above dimensions. Said sash window shall be a vertically sliding pulley, hung sash not less than tliree feet by five feet between stop beads; both halves shall be made so as to readily open, and shall be glazed with translucent glass, and so far as possible it shall be in line with windows in outer rooms opening on the street or yard as to afford a maximum of light and ventilation. Glass may be req,uired in doors of public halls. § 78. In all now existing teiiomont houses whenever a public hall on any floor is not light enough in the daytime to permit a person to read in every part thereof without the aid of artificial light, the wooden panels in the doors located at the ends of the public halls and opening into rooms shall be removed, and ground glass or other translucent glass or wire glass panels of an aggregate area of not less than four square feet for each door shall be substituted; or said public hall may be lighted by a window at the end thereof with the plane of the window at right angles to the axis of the said hall, said window opening upou the street or upon a yard or court. Space under water-closet seats open. § 79. In all now existing tenement houses, the woodwork inclosing all water-closets shall be removed from the front of said closets and the space underneath the seat shall be left open. The floor and other sur- face beneath and around the closet shall be maintained in good order and repair and if of wood shall be kept well painted with light colored paint. 2217 TENEMENT HOUSES. Act 4098, §§ 80-83 Space under sinks open. § 80. In all now existing tenement houses the woodwork inclosing sinks or lavatories, located in rooms, located in public halls or stairs shall be removed, and the space underneath sink or lavatory, shall be left open. The floors and wall surface beneath and around the sink or lavatory shall be maintained in good order and repair, and if of wood shall be well painted. Access to shafts for cleaning. § 81. In all now existing tenement houses there shall be at the bottom of every shaft or inner court, a door or window giving sufficient access to each shaft or court to enable it to be properly cleaned out. School sinks to be removed. Water-closet compartments. One water- closet to two families. § 82. In all tenement houses erected prior to the passage of this act, where a connection with a sewer is possible, all school sinks, privy vaults or other similar receptacles used to receive fecal matter, urine or sewage, shall be completelj" removed and the place where they are located prop- erly disinfected under the direction of the health department or other department designated by municipal ordinance for that purpose. Such appliances shall be replaced by individual water-closets of durable non- absorbent material, properly sewer-counected, and with individual traps, and properly connected flush tanks providing an ample flush of water to thoroughly cleanse the bowl. Each water closet shall be located in a compartment completely separated from every other water-closet, and such compartment shall contain a window of not less than three square feet in area opening directly to the street, or yard, or on a court of the minimum size prescribed in section 25 of this act. The floors of the water-closet compartments shall be waterproof as provided in sec- tion 31 of this act. Where water-closets are placed in the yard to replace school sinks or privy vaults, the structure containing the water- closets shall not exceed ten feet in height; such structure shall be provided with a ventilating skylight in the roof, of adequate size, and each water-closet shall be located in a compartment separated completely from every other water-closet. Proper and adequate means for lighting the structure at night shall be provided. There shall be provided at least one water-closet for every two families in every tenement house existing on the day this act takes effect subject to the provisions of section 61 of this act. Except as in this section otherwise provided such water-closets and all plumbing in connection therewith shall be in accordance with the ordinances and regulations in relation to plumbing and drainage. Penthouse in roof. Scuttles not to be locked. § 83. Every tenement house of more than two stories in height erected prior to the passage of this act, shall have in the roof a penthouse or R scuttle which shall not be less than twenty-one by twenty-eight inches, Act 4098, § 84 GENERAL LAWS. 2218 and located in the ceiling of a public hall. All scuttles shall be covered on the outside with metal and shall be provided with stairs or station- ary ladders leading thereto and easily accessible to all tenements of the building. No scuttle and no bulkhead door shall at any time be locked with a key, but either may be fastened on the inside by movable bolts or locks. All key locks on scuttles and on penthouse doors shall be removed. Plans to be submitted to health department. Revoking permit. Changes in plans. Permit for repairs. Permit suspended after ninety days. § 84. Before the construction or alteration of a tenement house or the alteration or conversion of a building for the use of a tenement house is commenced, and before the construction or alteration of any building or structure on the same lot with a tenement house, the owner or his agent or architect shall submit to the health department or other department designated for that purpose by ordinance of the municipality in which said work is contemplated, a detailed statement in writing, verified by the affidavit of the person making the same, of the construc- tion of such tenement house or building or of such alterations proposed to be made to the said tenement house or building, upon blanks or forms to be furnished by such department. Also a full and complete copy of the plans and specifications of the tenement house or building proposed to be erected or altered, as the case may be, together with a plan of the lot on which such building is proposed to be erected or altered or such portion of the lot as will be set aside exclusively for and under the control of the said tenement house building. Such statement shall give in full the name and residence by street and number of the owner or owner.s of such tenement house or building. Also the name and busi- ness address by street and number of the architect and the contractor. Said affidavit shall allege that said plans, specifications and lot plan arc true and contain a correct description of such tenement house, building, lot, structure and proposed work. The statements and affi- davits herein provided for may be made by the owner or his agent or archite'ct. No person, however, shall be recognized as the agent of the owner unless he shall file with said department an affidavit alleging that he is authorized by the said owner to act for him and to sign the required affidavit. Any false swearing in a material point in such affidavit shall be deemed perjury. Such plans, specifications and state- ments shall be filed in said department and shall be deemed public records. Said department charged with the enforcement of this act shall cause all such plans and specifications to be examined and if such plans and specifications conform to the jirovisions of this act shall issue a written certificate to that effect to the person submitting the same. Such certificate shall state that "Tenement house act has been com- plied with." Said department may from time to time approve changes in any plans or specifications previously apj>roved by it; provided, plans and specifications w^hen so changed shall be in conformity with the 2219 TENEMENT HOUSES Act 4098, § 85 provisions of this act. Said department shall have power to revoke or cancel any permit or approval that has been previously issued in case of any failure or neglect to comply with any of the provisions of this act or in case any false statement or misrepresentation is made in any of the said plans, specifications or statements submitted or filed for such permit or approval. The construction, alteration or conversion of such tenement house, building or structure or any part thereof, shall not be commenced until the filing of such specifications, plans and state- ments, and the approval thereof, as above provided. The construction, alteration or conversion of such house, building or structure, shall be in accordance with such approved specifications and plans. When the original plans are filed a copy shall be presented to the department with which the plans are filed and when the permit to construct or alter is issued said copy shall be certified thereon by said department as a true copy of said plans and delivered to the person applying for said permit and shall be kept upon the premises upon which the tene- ment house or building is to be constructed or altered from the com- mencement of the work thereon to the final completion of the construc- tion or alteration and be subject to inspection at all times by all proper authorities. A copy of all changes or alterations in the original plans duly author- ized shall also be kept upon the premises or said changes or alterations shall be noted upon the original copy so issued and certified by the department with which the original plans were filed. The department charged with the enforcement of this act may at its discretion, issue a permit in case of nominal alterations and repairs, when application is made therefor in writing by the owner, his agent or architect, when the making of said nominal alterations and repairs do not affect any structural feature, light or sanitation of a tenement house building, without requiring the filing of plans, specifications or lot plan. Any permit or approval which may be issued by said department but under which no work has been done within ninety days from the date of issu- ance of such permit or approval or where work has been suspended for a period of ninety days shall expire by limitation, and a new permit shall be obtained before the work may be prosecuted. Certificate of completion of tenement in conformity with act. Permit of occupancy. § 85. Upon the completion of the construction or alteration of a tenement house or alteration of a building into a tenement house and the making of a written application therefor by the owner, his agent, architect or contractor to the health department or other department designated by municipal ordinance to enforce the provisions of this act regarding actual construction or alteration of a tenement house or build- ing, said department, if said building at the date of such application is entitled thereto, shall, within ten days from the date of application, issue a certificate that the tenement house or building or alteration Act 4098, §§ 86-89 genebai. laws. 2220 thereof is completed in conformity with the tenement house act, which certificate shall be entitled "Certificate of final completion," and upon presentation of said certificate to the department of health of the incorporated town, incorporated city, or city and county in which the building is located and filing the same with such department the de- partment of health shall issue a permit to occupy such tenement house, which last-mentioned permit shall be entitled "Permit of occupancy upon completion of construction." Said certificate and said permit shall each be made in duplicate and one copy of each shall remain on file in the department issuing it. No tenement house shall be occupied in whole or in part for human habitation until the issuance of the said "Certificate of final completion" and of said "Permit of occupancy upon completion of construction." Building in violation of act deemed unfit for habitation. § 86. Tf any building hereafter constructed as or altered into a tene- ment house, be occupied in whole or in part for human habitation in violation of the last section, during such unlawful occupancy said prem- ises shall be deemed unfit for human habitation and the department of health or other department charged with the enforcement of this act may cause them to be vacated accordingly. Enforcement of act. "Department of health" defined. § 87. Except as herein otherwise provided, the provisions of this act shall be enforced by the departments of any incorporated town, in- corporated city, or city and count}- to which this act applies, which are charged with the enforcement of laws, ordinances, and regulations re- lating to the protection of public health and the erection of buildings. By the term "department of health" used in this act is meant any department, portion or part of the government of any incorporated town, incorporated city or city and county to which this act applies which is charged with the enforcement of laws, ordinances and regula- tions relating to the protection of public health. Right to enter tenements for inspection. § 88. The department of health or other department charged with the enforcement of this act in any incorporated town, incorporated city or city and county to which this act applies and the officers and agents of such departments shall have the right and it shall be its and their duty to enter into tenement houses and buildings within the said muni- cipal corporation for the purpose of inspecting such houses and build ings to secure compliance with the provisions of this act, and to prevent violations thereof. Local building regulations not impaired. Act provides minimum require- ments. § 89. Nothing in this act shall be construed to abrogate or imp.iir the powers of the department of health, the department of public works 2221 TENEMENT HOUSES. Act 4098, §§ 90, 91 or of the courts, to enforce any provisions of the charter or building oidinances and regulations of any incorporated town, incorporated city, or city and county, not inconsistent with this act, or to prevent or l)unish violations thereof. The provisions of this act shall be held to be the minimum require- ments adopted for the protection, health and safety of the community. Nothing in this act contained shall be construed as prohibiting the local legislative body of any incorporated town, incorporated city or city and county, from enacting from time to time supplementary ordinances im- posing further restrictions. But no ordinance, regulation or ruling of any municipal authority shall repeal, amend, modify or dispense with any provision of this act. Penalty. § 90. Every person who shall violate or assist in violation of any provision of this act shall be guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months or by a fine not exceeding five hundred dollars or by both, and in addition to the penalty therefor, shall be liable for all costs, expense and disbursements paid or incurred by the department, by any of the officers thereof, or by any agent, employee or contractor of the same, in the prosecution of such violation. Procedure for preventing violations. Application to superior court. § 91. Except as herein otherwise specified the procedure for the prevention of violations of this act, or for the vacation of premises unlawfully occupied, or for other abatement of nuisance in connection with a tenement house, shall be as set forth in charter and ordinances of the municipality in which the procedure is taken. In case any tenement house, building or structure or any part thereof is constructed, altered, converted or maintained in violation of any provision of this act or of any order or notice of the departments charged with its enforce ment, or in case a nuisance exists in any such tenement house, building or structure or upon the lot on which it is situated, said departments may institute any appropriate action or proceeding to prevent such un- lawful construction, alteration, conversion or maintenance, to restrain, correct or abate such violation or nuisance, to prevent the occupation of said tenement house, building or structure, or to prevent any illegal act, conduct or business in or about such tenement house or lot. In any such action or proceeding said department may, by affidavit setting forth the facts, apply to the superior court, or to any judge thereof, for an order granting the relief for which said action or proceeding is brought, or for an order enjoining all persons from doing or permitting to be done any work in or about such tenement house, building, struc- ture or lot, or from occupying or using the same for any purpose, until the entry of final judgment or order. In case any notice or order issued by said departments is not complied with, said departments Act 4098, 8 S 92-94 GENERAL LAWS. 2222 may apply to the superior court, or to any judge thereof, for an order authorizing said departments to execute and carry out the provisions of said notice or order, to remove any violation specified in said order or notice, or to abate any nuisance in or about such tenement house, building or structure, or the lot upon Avbich it is situated. The court, or any judge thereof, is hereby authorized to make any order specified in this section. In no case shall the said department or any officer thereof or the municipal corporation be liable for costs in any action or proceeding that may be commenced in pursuance of this act. Fine lien on building. § 92. Every fine imposed by judgment under section 90 of this act upon a tenement house owner shall be a lien upon the house in relation to which the fine is imposed from the time of the filing of a certified copy ^f said judgment in the office of the recorder of the county in which said tenement house is situated, subject only to taxes and assess- ments and water rates, and to such mortgage and mechanics' liens as may exist thereon prior to such filing; and it shall be the duty of the department of health or other department by municipal ordinance designated for that purpose, upon the entry of such judgment, to forth- with file the copy as aforesaid, and such copy upon filing shall be forthwith indexed by the recorder in the index of mechanics' liens. Notice of pendency of action. § 93. In any action or jiroceding instituted by the departments charged with the enforcement of this act, the plaintiff or petitioner may file in the county recorder's office of the county where the property affected by such action or proceeding is situated, a notice of the pend- ency of such action or proceeding. Said notice may be filed at the time of the commenccinent of the action or proceeding, or at any time afterward before final judgment or order, or at any time after the service of any notice or order issued by said department. Such notice shall have the same force and effect as the notice of pendency of action jirovided for in the Code of Civil Procedure. Each county re- corder with whom such notice is filed shall record it, and shall index it in the name of each person specified in a direction subscribed by an officer of the department instituting such action or proceeding. Any such notice may be vacated upon the order of a judge of the court, in which such action or proceeding was instituted or is pending. The re- corder of the county where such notice is filed is hereby directed to mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing a certified copy of such order. Owners of tenements to file names and addresses, etc. In case of transfer of tenements, etc. § 9-i. Every owner of a tenement house and every lessee of the whole house, or other person having control of a tenement house, shall file in 2223 TENEMENT HOUSES. Act 4098, §§ 95-98 the department of health a notice containing his name and address, and also a description of the property, by street and number, and other- wise, as the case may be, in such manner as will enable the departments charged with the enforcement of this act to easily find the same; and also the number of apartments in each house, the number of rooms in each apartment, and the number of families occupying the apartments. In case of a transfer of any tenement house, it shall be the duty of the grantee of said tenement house to file in the department of health a notice of such transfer, stating the name of the new owner, within thirty days after such transfer. In case of the devolution of the said property by will, it shall be the duty of the executor and the devisee, if more than twenty-one years of age, and in the case of devolution of such property by inheritance without a will, it shall be the duties of the heirs, or in case all the heirs are under age, it shall be the duty of the administrator of the deceased owner of said property to file in said department a notice, stating the death of said owner and the names of those who have succeeded to his interests, within thirty days after the death of the decedent, in case he died intestate, and within thirty days after the probate of his will, if he died testate. Notice of agents for receiving service of process. § 95. Every owner, agent or lessee of a tenement house shall file in the department of health a notice containing the name and address of such agent of such house, for the purpose of receiving service of pro- cess, and also a description of the property, by street and number or otherwise, as the case may be, in such manner as will enable the depart- ment charged with the enforcement of this act to easily find tlie same. The name of the owner or lessee may be tiled as agent for this purpose. Names and addresses indexed. § 96. The names and addresses filed in accordance with sections 94 and 95 shall be indexed by the department of health in such a manner that all of those filed in relation to each tenement house shall be to- gether and readily ascertainable. The department of health shall pro- vide the necessary books and clerical assistance for that purpose, and the expense thereof shall be paid by the municipality. .Said indexes shall be public records, open to public inspection during business hours. Five days' notice. § 97. Every notice or order in relation to a tenement house shall be served five days before the time for doing the thing in relation to which it shall have been issued. Sufficiency of service of summons, § 98. In any action brought by any department charged with the en- forcement of this act in relation to a tenement house for injunction, vacation of the premises, or other abatement of nuisance, or to establish a lien thereon, it shall be sufiicieut service of summons to serve the Act 4098, §§99-104 general laws. 2224 same as notices and orders are served under the provisions of the Code of Civil Procedure. Penalty for using as house of prostitution. § 99. A tenement house shall be subject to a penalty of one thousand dollars, if it or any part of it shall be used for the purposes of a house of prostitution or assignation of any description, with the permission of the owner thereof, or his agent, and said penalty shall be a lien upon the house and the lot upon which the house is situated. When deemed used as house of prostitution. § 100. A tenement house shall be deemed to have been used for the purposes specified in the last section with the permission of the owner or lessee thereof, if summary proceedings for the removal of the tenants of said tenement house, or so much thereof as is unlawfully used, shall not have been commenced within five days after notice of such unlawful use, served by a department charged with the enforcement of this act in the manner prescribed by law for the service of notices and orders in re- lation to tenement houses. Eeputation in neighborhood competent evidence. § 101. In a prosecution aj,'aiii;roduct 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. Person injured may maintain action. § 4. Any poison, lirni. private corporation or municipal or other pub- lic 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 recovery of damages. If, in such action, the court shall find that the defendant is violating section 1 of this act, it shall enjoin the defendant from a continuance thereof; it shall not be uecessarj 2235 UNINCORPORATED ASSOCIATIONS. Act 4208, § 1 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 damages, if any, sustained. Penalty. § 5. Any person, whether as principal, agent, oflScer or director, for liimself or for another person, or for any firm or corporation, or any corporation, who or which shall vTolate section 1 of this act, is guilty of a misdemeanor and upon conviction thereof, shall, if a person, be pun- ished by a fine of not exceeding one thousand dollars, or by imprison- ment 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. Constitutionality of act. § 6. If any section, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the \alidity 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 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 pub- lic utilities. If any contiiet shall arise between this act and the public utilities act, the latter shall prevail. Purpose of act. § 7. The legislature declares that the purpose of this act is to safe- guard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair and discrim- inatory practices by which fair and honest competition is destroyed or jjrevented. The act shall be liberally construed that its beneficial pur- poses may be subserved. TITLE 5361). UNINCORPORATED ASSOCIATIONS. ACT 4208. An act authorizing and empowering unincorporated, benevolent or frater- nal societies to purchase, receive, manage and sell real estate without incorporating. [Approved April 24, 1911. Stats. 1911, p. 1093.] § 1. All unincorporated benevolent or fraternal societies or associa- tions are and every loSge or branch of such society or association is hereby authorized and empowered, without incorporation, to purchase, receive, own, hold, mortgage, manage and sell all real estate and other Act 4216, §§ 1-3 GENERAL LAWS. 2236 property as may be necessary for the business purposes and objects of the said society or association or lodge or branch, subject to the laws and ref^ulations of said society or association or lodge or branch and of the grand lodge thereof; and also to take and receive by will or deed all projierty not so necessary, and to hold the same until disposed of within a period of ten years from the acquisition thereof, provided, that all conveyances transferring or in any manner affecting the title to real estate owned or held by said society or association shall be executed by its presiding officer and recording secretary under its seal after resolution duly adopted by said society or association authorizing such conveyance. TITLE 538. UNITED STATES. ACT 4216. An act to cede to the United States of America upon certain conditions and reservations certain lands in possession of the United States to which the state of California holds a tax title. [Approved May 1, 1911. Stats. 1911, p. 1304.] Grant of land for Soboda Indians. § 1. The state of ('aliforuia hereby grants and cedes to the United States of America, for the use of the Soboda Indians, all the right, title and interest of the state of California, in and to that certain tract ot land situate in Riverside county, state of California, and described as Tract No. 8, Rancho San Jacinto Viejo in said Riverside county, other wise described as fractional section 31 and fractional section 32, lu township 4 south of range 1 cast, San Bernardino base and meridian, and fractional section 4, fractional section .5, fractional section 6 in townshijt 5 south of range 1 east, San Bernardino base and meridian, in California; provided, that the sum of seven hundred and seventy-five dollars due for taxes thereon be jiaid to the state controller before letters patent issue as hereinafter provided; and provided, further, that this state reserves the right to serve and execute in said lands, all civil process not incompatible with this section, and such criminal process as may lawfully issue under the authority of this state against any person or persons charged with crimes. Issuance of letters patent. § 2. Letters jiatent to the United States of America for the land above designated shall be issued in the manner prescribed by the con- stitution and laws. § 3. This act shall take ell'ect aud be in force from and after its passage. ' i 12237 UNITED STATES. Acts 4217, 4218 ACT 4217. An act providing for the conveyance by quitclaim deed, from the state of California ta the government of the United States, of certain lands erroneously conveyed or patented to said state by said govern- ment. [Approved May 1, 1911. Stats. 1911, p. 1415.] Amended 1913, p. 47. Quitclaim deed to laxids erroneously conveyed to state. § 1. In all cases where it appears to the register of the state land odice that the government of the United States has, through error or misdescription, conveyed to the state of California any lands, the said register of the state land office shall certify said facts to the governor, and it shall be the duty of the governor of this state to cause to be executed and delivered to the government of the United States, a con- veyance by quitclaim deed, of all such land so erroneously convej'ed or patented. Such deed shall be executed on behalf of the state of Cali- fornia by the hands of the governor and of the secretary of state, and shall be attested by the great seal of state, and recorded in the office of the register of the state land office. [Amendment approved April 21, 1913; Stats. 1913, p. 47.] § 2. This act shall take effect immediately from and after its passage. ACT 4218. An act to authorize the adjustment and settlement of a controversy existing between the United States and the state of California, in relation to the grants made by Congress to the state of California for the benefit of the public schools, and internal improvements, authorizing the conveyance of land by oflScers of the state for the purpose of making such adjustment and settlement, and making an appropriation to carry out the provisions hereof. [Approved December 24, 1911. Stats. Ex. Sess. 1911, p. 108.] Whereas, Under the terms and provisions of certain acts of Congress of the United States 500,000 acres of land were granted to the state for internal improvement, and the sixteenth and thirty-sixth sections in each township, and lands in lieu thereof, were granted to the state of California for school purposes; and. Whereas, It is claimed by the United States that prior to March 1, 1877, there were listed to the state of California approximately 16,000 acres of land, in excess of the amount of land to which the state was justly entitled; also that the state has received indemnity for certain sixteenth and thirty-sixth sections of land assumed to be within the exterior boundaries of Mexican grants, which sixteenth and thirty-sixth sections were subsequently either wholly or partially excluded from such grants and subsequently sold by the state, the total area being approxi- Act 4218, §§ 1-3 GENER.\L LAWS. 2238 mately 10,151 acres; also that the state has received indemnity for certain sixteenth and thirty-sixth sections alleged to be mineral in character which said school sections the state sold in place, either be- fore or after receiving indemnity therefor, the total area being ap- proximately 8,715 acres; also that the state received approximately 2,028 acres in excess of the 500,00t) acre grant; and, Whereas, The department of the interior has for many years with- held from certification the greater part of the lieu land selected by the state, pending a settlement of said mattors, and there remains to be listed to the state upward of 450,000 acres, which, if listed would be subject to taxation; now, therefore, The people of the state of California do enact as follows: Payments to be made to federal government. § 1. There shall be paid to the federal government by the state of California, acting through the officers hereinafter mentioned and in tho manner and upon the terms and conditions hereinafter set forth, the sum of one and twenty-five one hundredths dollars per acre for all excess certifications of indemnity school lands, which occurred prior to March 1, 1877, and for which said lands no payment has as yet been made to the United States. Conveyance of land to federal government. § 2. The officers of the state of California mentioned in sections 3519 and 3520 of the Political Code of said state, are hereby authorized, em- powered and directed, in the manner in said sections provided, to con- vey to the United States by patent, or otherwise, such an amount of land in sections 16 and 36, situated in national forests or other reser vations, as will equal in area all selections that have been heretofore listed or certified by the government to the state of California, made in lieu of sections 16 and 36 claimed or reported to be mineral in ch;ir- acter or embraced in forest or other reservations and wherein swh base tracts have been or may be sold or encumbered by the state; jiro- vided, however, that no lands shall be patented in any case wherein it shall be found that the United States has disposed, by patent or other- wise, of the tract in lieu of which indemnity was claimed and granted. Additional conveyances. Surveyor general to make Indemnity selections. § 3. The officers of the state referred to in section 2 hereof are hereby authorizeil and directed to convey by patent or otherwise to the United States, in addition to the 12.000 acres heretofore granted, an amount of land equal in area to any additional excess in certifications occurring since March 1, 1877. The surveyor general of the state of California is hereby authorized and empowered to locate and select in the United States land offices, for the benefit of persons having certificates of purchase or patents from the state, lands in sections 16 and 36, which, under the provisions of the ll 2239 UNITED STATES. Act 4218, §§ 4, 5 act of Congress, approved March ], 1877, and commonly known as the "Hoolh Act" are claimed to be property of the United States, but which said lands have been heretofore sold or encumbered by the state. The yaid lands hereby authorized to be selected are lands which have been heretofore used or designated by the state of California, as bases for indemnity selections, and for which the state of California received in- demnity, but which said lands in said sections 16 and 36 the said state also sold or encumbered. For the purpose of making the selections hereby authorized to be made the said surveyor general is hereby au- thorized and empowered to use and designate any bases or lands men- tioned in section 3406a of the Political Code of the state of California, or any other bases, which may be proper or valid in making indemnity selections. Determination of acreage. Settlement of claims. § 4. For the purpose of carrying into effect the terms and provisions of this act, the surveyor general of the state of California is authorized and directed to ascertain and determine from the records of his office and the records of the department of the interior the amount of lands which should be conveyed to the United States and likewise the number of acres of land as in this act provided for which the state has by the terms of this act authorized and directed paj'ment to be made, and after said facts have been ascertained and determined, the said officers of said state, referred to in sections 2 and 3 hereof, are hereby au- thorized and directed to make, execute and deliver for said state, in its name and as its act and deed, any and all written agreements, deeds, patents or conveyances necessary to carry out and consummate the terms of this act. Appropriation. § 5. The sum of twenty-five thousand (25,000) dollars is hereby ap propriated, out of any moneys in the state treasury not otherwise ap- jiropriated, for the purpose of carrj-ing out the provisions of this act and paying all necessary expenses of the surveyor general and attorney general in connection herewith and the state controller is hereby au- thorized and directed to draw his warrant or warrants in favor of the United States, or the proper officers thereof, for such amount as may be payable to said United States under the terms hereof, and also to draw his warrant or warrants for the necessary expenses of the surveyor general and attorney general in carrying out the provisions of this act, and the state treasurer is hereby directed to pay the same. Acts 4231, 4232 general laws. 2240 TITLE 541. UNITED STATES SENATORS. ACT 4231. An act providing for placing the names of candidates for United States senator in Congress upon the oflRcial ballot at general elections, for counting, canvassing and making returns of the votes therefor, pro- viding the method of notifying the legislature of the results of such election, and defining the duties of certain officers in relation thereto. [Approved April 7, 1911. Stats. 1911, p. 704.] Repealed May 20, 1913 (Stats. 1913, p. 238). See section 3 of the act amending sections of the Political Code relatine tn the election of senators in Congress. Approved May 20, 1913 (Stats. 1913, * p. 237). ACT 4232. An act to provide for the expression by the qualified electors of the several political parties of their choice for nomination by their party for President of the T'nited States, and to provide for the election of the delegates of said political parties to their respective national conventions, and to call an election in conformity with the provisions of this act. [Approved December 24, 1911. Stats. Ex. Sess. 1911, p. 85. In effect im- mediately.] Presidential primary election. Expression of preference, and election of delegates to party conventions. § 1. On Tuesday, May 14th, 1912, and on the second Tuesday in May of every fourth year thereafter, there shall be held a primary nomina ting election, to be known as the May presidential primary election, at which the qualified electors of the several political parties shall have opportunity, on separate iKirty ballots provided for that purpose, to ex- press their preference as to the nominees of their respective parties for President of the United States, and also to elect the delegates of their respective parties to their respective national conventions for the nomina- tion of their partv candidates for President and Vice-President of the United States. Method of nomination. AiRdavit from candidate. Statement of person not a candidate. Verification deputies. Printing names of candi- dates. Headings. § 2. The names of the candidates for nomination as President of the United States shall be printed upon the ballots, upon the filing of the nomination pajiers substantially as provided in section .5 of the ait entitled "An act to provide for and regulate primary elections, and pro- viding the method whereby electors of political parties may express their choice at such primaj-y elections for United States senator, and to repeal an act entitled an act to provide for and regulate primary elections, and providing the method whereby the electors of political I ii 2241 UNITED STATES SENATORS. Act 4232, § 3 parties may express their choice at such primary elections for United States senator, approved March 24, 1909," approved April 7, 1911, said act being also known and hereinafter referred to in this act as the "direct primary law"; provided, that nomination papers for each of said candidates must be signed by not less than one per centum of the voters of his party in each congressional district of the state; and fur- ther provided, that no candidate for nomination for President need sign or file any petition, affidavit, declaration, statement or paper of any kind to get his name upon the ballot, but that in event that any per- son who is presented as a candidate for nomination for President by filing of nomination papers as herein provided for, shall, on or before the thirty-fifth day before the date of the presidential primary election, announce by an affidavit, declaration, or statement filed in the office of the secretary of state, that he is not a candidate for nomination for President, and that he does not wish his name to be printed upon the ballot for said election, the said secretary of state shall not certify or transmit the name of such candidate to the respective county clerks or registrars of voters, and such name shall not be printed upon the bal- lots; and provided, also, that verification deputies may be designated by any party supporter of any candidate for President, and the name of such supporter, followed by the words "a party supporter of" shall precede the name of the candidate in the form of affidavit for verifi- cation deputies provided for in said section 5 of said "direct primary law." The names of the several candidates for nomination for Pres ident together with the blank space for writing the name of such a can- didate, and the headings for the same shall appear at the top and center of the ballot immediately below the instructions to voters, and shall be printed in heavy face, eight point, capital type. The order in which the names of the candidates for presidential nominee shall be printed upon the ballot, shall be the order in which the nomination papers of such candidates are filed with the secretary of state; and such names shall be printed one after the other in a horizontal line, each name being followed by a voting square, the space for the name and voting square together being headed by the words "For Presidential Nominee," printed in heavy face ten point gothic type, and occupying no less than two and one-half inches of horizontal space. This space shall be left blank above the "No Preference Column" provided for in section 5 of this act. Below the words "For Presidential Nominee" heading the blank space hereinbefore provided for, shall be the words "Blank Space" in six point gothic type. Above the words and spaces herein described shall be printed in heavy face twelve point gothic type the words "Vote for One as Your Choice for Presidential Nominee." Delegates to party conventions. Number of, how ascertained. Elected at large. Parties entitled to participate. § 3. The chairman of the state central committee of each of the po- litical parties qualified to participate in the election provided for in this 141 i Act 4232, § 4 GENERAL LAWS. 2242 act shall notify the secretary of state on or before the first day of March of each bissextile or leap year as to the number of delegates to rep- resent the state in the next national convention of his said party. If the state chairmen, or any of them, fail to file such notice, it shall be the duty of the secretary of state to ascertain the said number of dele- gates from the call for said national convention issued by the national committee of each party whose chairman has failed to notify him as aforesaid. The delegates who shall represent each political party at its national convention shall all be elected by the voters of the state at large. The secretary of state shall, on or before the tenth day of March of the year of the May presidential primary election, certify to the county clerk or registrar of voters of each county, or city and county, the num- ber of delegates to be so elected by each of the political parties qualifii- 1 to partiei|>ate in the said election. Any political party shall be qualifii i to participate in the May jjresidential primary election which is qualifi< 1 to participate in the September primary election according to the pro- visions of the "direct primary law." Method of nominating delegates. Percentage. Grouping of candidates. Apportionment of candidates. Indorsement of group by candidate. Affidavit and statement by candidate. § 4. The names of persons to be voted upon as delegates to the re spective national conventions of the several political parties shall 1"' printed upon the ballots of their respective parties upon the filing it nomination pajiers substantially in the form provided in section c^ ot the "direct primary law"; provided, that, in the case of each party, nomination papers for candidates for delegates must be signed by n^t less than one per centum of the voters of said jiarty in each congre> sional district of the state; and jirovided, also, that whenever a numlur of candidates for delegates join together in appointing the same vcri fication deputies, and in filing statements with the secretary of stat<'. as hereinafter provided in this section, setting forth that said candidaf."- for delegates prefer the same person as candidate for presidenti.il nominee, there may be filed upon the same nomination paper the nanus of as great a number of candidates for delegates from any j>arty as the total number of delegates to be elected by said party, and no nuTo than such number; and provided, further, that when the number ot names of candidates printed ujion the same nomination paper exceeds the number of congressional districts in the state, but is less than twice the number of such districts, the names of such candidates thus grouped together shall be so selected that not more than three and not less than one of such candidates shall reside in any one congressional district, and that when the number of names of candidates printed upon the same nomination paper exceeds twice the number of congressional districts in the state, the names of such candidates thus grouped to- gether shall be so selected that not more than four and not less than two 2243 UNITED STATES SENATORS. Act 4232, § 5 of such canrlidates shall reside in any one congressional district; and if not so selected said names shall not be grouped together on the ballot, but shall appear as individuals. Candidates for delegates grouped together on the same nomination paper selected as aforesaid shall be similarly grouped, in the same order of names, upon the ballots of their party; provided, that such group of candidates for delegate has the indorsement of that candidate for presidential nomination for whom the members of said group have filed a preference, or the indorsement of such a state political organ- ization created in support of the candidacy of said presidential nomi- nee as shall not be repudiated by him as lacking authority to make such indorsement; said indorsement, either of the candidate or of the organization supporting him, to be filed -with the secretary of state. No candidates for delegate not thus indorsed shall have their names printed upon the ballot in a group, but such candidates must appear as individuals; and further provided, that the name of no candidate shall appear more than once on the ballot, and that any candidate whose nomination paper is filed in more than one group, or in the same group differently arranged shall have his name printed on the ballot as a part of that group which has received the indorsement as herein recited; provided, that one of the groups in which his name occurs has received such indorsement. Each candidate for election as delegate to his national party con- vention must file with the secretary of state not later than the time of filing of the nomination papers containing his name, an affidavit sub- stantially as provided in section 5 of the "direct primary law," and may also include with his affidavit the statement "I personally prefer as the nominee of my party for President of the United States" (filling in the blank by inserting his choice for such nominee). But his failure to include such statement shall not be a A-alid ground on the part of the secretary of state for refusal to receive and file the nom- ination papers containing his name. Arrangement of names in parallel columns. Headings, Style of print- ing names. Arrangement for voting. § 5. The names of the candidates for delegate in any political party shall be arranged upon the ballots of such party in parallel columns each column standing directly underneath the space headed by the words, "For Presidential Nominee," and the various candidates for delegate appearing in these columns as determined by their preference for President, according to the provisions of section 4 of this act. The left-hand column shall be headed in heavy face, ten point, gothic type, "Candidate Preferring " (the blank being filled out by the surname of the first candidate for presidential nominee on the ballot, as deter- mined by section 2 of this act). The second column shall be similarly headed, except that the surname of the candidate for presidential nom- inee shall be for the name second in the list of candidates for presiden- Act 4232, § 5 GENERAL LAWS. 2244 tial nominee, and so on for as many candidates for presidential nominee as are printed at the top of the ballot in the list of such candidates. To the right of the last column headed by the surname of a candidate for presidential nominee shall be a column headed "No Preference Col- umn," in which shall appear the names of all candidates for delegate who have expressed no preference for presidential nominee or who have expressed a preference for a candidate for presidential nominee other than the candidates for presidential nominee printed at the top of the ballot. Above this "No Preference Column," neither the words "For Presidential Nominee," nor the space for the name of such nominee shall appear. To the right of this last column shall V)e a column headed "Blank Column," which shall contain as many blank spaces as there are delegates to be elected by the political party concerned. In case that there are no names of candidates for delegate to be placed in a "No Preference Column," euch "No Preference Column" shall be omitted from the ballot, and the "Blank Column" as herein provicled for shall be placed to the right of and contiguous to the last column headed by tlie surname of a candidate for presiective preferences for presidential nominee or in the no preference column, as heretofore provided in this act. The names of each group on the ballot shall be numbered in heavy face, eight point ty[ie. The order of names for ea<'h column upon the liallot shall he the same as the order in which such names were filed with the secretary of state; provided, that above the indi\idual names in each column sliall apjiear the group of names, if any, which has received the indorsement referred to in section 4 of this act. A blank column one-half inch wide shall be left upon the ballot op posite each group of names and to the right of the column of voting squares for the individual names and separated from it by a light dotteil line, which blank column shall contain a square in which may bo stamped a cross (X) which shall be counted as a vote for each and every name in the group opposite. Lengthwise along this blank col umn shall be printed "A cross (X) stamped in this square shall be counted for each name of the group to the left." The line separating any name from any other name not in a group or from any group of names shall be heavier than any line separating the individual names in such group, and shall extend across the blank column provided for in this paragraph. Below the top line of this extension shall be printed in small heavy face type the words "toji of group." and above the bot- tom line of the extension, the words "end of group." 2245 UNITED STATES SENATORS. Act 4232, §§ 6-8 Statement "by candidate as to his action if elected. § 6. P^ac'h candidate for election as delegate to his national party convention may include with his affidavit the statement hereinafter set forth in this section; but his failure to include such statement shall not be a valid ground on the part of the secretary of state for refusal to receive and file his nomination pajjer or papers. Such statement, if any be made, shall be in substantially the follow- ing form: DELEGATE'S STATEMENT. I hereby declare to the voters of my political party in the state of California that if elected as delegate to their national party convention, I shaH, to the best of my judgment and ability, support that candidate for President of the United States who shall have received the highest number of votes cast throughout the entire state by the voters of my party for said office, at the May presidential primary election. ' ) Signature of candidate for delegate. Alternate delegates. § 7. The delegates to each national party convention elected at the May presidential primary election, shall, before leaving the state to attend the convention, meet together and select alternates to the con- vention. The number of alternates to be selected shall be no greater than one for each delegate, and each alternate must be selected from the congressional district of the delegate for whom he is an alternate; and the method of selection shall be as determined upon by the majority of the whole number of delegates who have been elected to the con- vention. The duties of an alternate shall be those usually appertaining to that position, and as prescribed by each party in the call for its national convention. The alternate of any such delegate as may be unable to attend the convention, shall attend the convention in his jilace, and shall otherwise discharge the duties of said delegate. Registration for use at presidential primary. Qualification for signing nomination paper. § 8. For purposes of the May presidential primary election, the original affidavits of registration and indexes used in the last general election in any county or city and county in this state may be used, together with the original affidavits of registration since the last elec- tion, and supplemental indexes, showing all additional registrations, changes and corrections made since the registration for the last general election, completed to and including the thirty first day prior to said May presidential primary election, which shall be the last day on which any person may register or transfer registration so as to entitle said person to a vote at such primary. Any person registered in accordance with the provisions of this section, and who has stated his political affiliation in accordance with section 1096 of the Political Code, shall be qualified to Act 4232, § 9 GEXERAL LAWS. 2246 vote at such election, and shall receive the ticket of that political party only with which he has declared himself affiliated. Any person qualified by the provisions of this section to vote at any May presidential primary election shall also be qualified to sign the nomination papers of any person to be voted upon at such primary election. Preparation and form of ballot. Instructions to voters. Form. § 9. The ballot to be used at the May presidential primary election shall be prepared according to the provisions of sections 2, 4 and 5 of this act, and also according to such provisions of section 12 of the "direct primary law" as are applicable to this act and not in conflict with its provisions; provided, that the words at the top of the ballot shall be "Official Presidential Primary Election Ballot," and tliat the iiistructions to voters shall be as follows: To vote for a person whose name apj>€ars on the ballot, stamp a cross (X) in the square at the right of the name of the person for whoui you desire to vote; or if you wish to vote for all of a group of persons, stamp a cross (X) in the sipiare opi)Osite such group, which cross shall be counted for each naiue of the group. A group consists of candidates for «r Mt lOOiyiaLUl* or 1) graup. Bj* ao not rcU tor mcl^ .*.n?6. C«nJJ.te» Pr«t«"*«e MONROE CkAOMAU* Pr«f«mng ADAMS CwitflMte* P>««^rin« JACKSON N.P,.^~.C.-,. — ^'^■~ „., ..^ a; . ..»,. u... 1 ^. . .«,«.^<.« 1 W. „^. MO.. . -.".-•«■» : : ,^„- __. K«~t . ►u.omr^ ""•" -""■""" . "~"-°- 1 . i^....i 1 CfOaClft luu . cionno. ■ > rcov" -i • ,,.^„ MNnaoar .».^~^ i s njiiiKaqoB . «».«,«■. { . ...».» ; ■ -f . . „..:.,. i ««.,».no. — ' t .»u..~,n< , I ~ 1 5 •■=■'-■■' „v..»no. ._...„„. f ..o.«. i 1 i.r.<>,^n> 1 i ! „ «U . K.-..TO- m a ,,„.■.«•.. -D .. L O IO.OO. 1 — 1 "■'■^•'' -1 » .««■«., U .■>™tt„ow -— u ■■"••■"'^ -»->""- 1 ....™««= t i .,c^„„ 1 , 1 -«""~»" 1 »■»■•"'»' """- 1 I U TMO»U«IHOI I ~ ; "—-.-1 i -»■>""«»" I " ""«"«— ; I » «-,oo..« \ ......^ - 1 • ""»■'-" i 9 - '■"•■-"« I »r.»..n ■ f -"""""■" • """ -y^ I . »»«.>.»o i - »~'~>— : t -— ^"^ ■f Ml,»~=0, f i^n..<«m< n. winOM"- ...i.»o^ •"■"■""■ 1 - ■-"•"""^ , .«™..» ' """»*" ..™™c«.. .L,WU1U» M lOUXTlVMITT »™;.»™.T. •. .^™o«r„. ' "•"•^"■■^ 1 ■ . liXBOIBO. » .uo.co>-« ■ .0«.L».^. m . CO ..„,L. sr . t,.-LX„.».v sr . '■^•"— '"' i n=..™«„.. .C.>.:.. ....:.„ Act 4232, §§ 10-12 general laws. 2248 Biographical sketches of candidates for presidential nomination. § 10. AccomjiaDying the sample ballot for the May presidential pri- mary eleftion mailed to the voters of each political party, there shall be incliule.l for such party a sheet with the following title in twenty- four point capital type, "Biographical Sketches of Presidential Camii- dates." Under this heaital type the name of each candidate of such party for nomination for President for whom a liiographica] sketch is furnished, and below such name shall be printed in ten point type the biography of such candidate in no more than three hundred words. The biograjihical sketch of each candidate for [presidential nomination shall be furnished by such can- didate or by such state political organization created in support of his candidacy as shall not be repudiated by him in lacking authority to furnish such biographical sketch. Such biographical sketch shall be sent to the secretary of state together with the sum of two hundred dollars to defray the cost of its publication, at least forty days prior to the date of the May presidential primary election, and it shall be printed at the state printing office and sent to the county clerks or registrars of voters to be mailed with the sample ballots as aforesaid. The biographical sketches of all the candidates for presidential nomination of any party who api)ear upon the ballot of such i>arty, and none other, shall In- printed upon the same sheet, and shall appear in the same order as they ajjpear upon the ballot. The sheet mailed to the voters by the county clerks or registrars of voters shall be the one which contains the bio:,' raphies of such candidates for presidential nomination as appear upropriated, to be paid to the regents of the University of California, to be used by them for the construction and equipment of a class-room and library building at the university farm and agricultural school at Davis. § 2. The state controller is hereby authorized and directed to draw his warrants in favor of the regents of the University of California for the moneys herein appropriated and the state treasurer is hereby directed to pay said warrants. ACT 4263a. An act appropriating the sum of sixty-two thousand dollars for the use and benefit of the University of California, and specifying the duties of the controller and treasurer of the state in relation thereto. [Approved June 7, 1913. Stats. 1913, p. S76.] Appropriation: Restore income, University of California. § 1. The sum of sixty-two thousand dollars is hereby appropriated for the use and benefit of the Uaiversity of California out of any moneys in the state treasury not otherwise appropriated, to replace and restore income of said university lost through disaster and fire. § 2. The state controller is hereby authorized and directed to draw his warrants in favor of the regents of the University of California for the moneys herein appropriated and the state treasurer is hereby directed to pay said warrants. ACT 4263b. An act providing for the construction and equipment of a laboratory building for the use of the department of agriculture of the Uni- versity of California in any or either of the counties of Los Angeles, Riverside, Orange, San Bernardino, San Diego, Imperial, Ventura, or Santa Barbara and making an appropriation therefor. '^Approved June 7, 1913. Stats. 1913, p. 856.] Appropriation: Iiaboratory University of California department of agriculture. In southern county. § 1. The sum of one hundred thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, to Acts 4263e, 4263d general laws. 2254 be paid to the regents of the University of California, and to be nsed by them in the construction of a laboratory building for the department of agriculture of the University of California, and in the equipment thereof. Said laboratory building shall be constructed upon lands dcmated or purchased for the use of the said department of agriculture in any or either of the counties of Los Angeles, Riverside, Orange, San Bernardino, San Diego, Imperial, Ventura, or Santa Barbara. '• § 2. The state controller is hereby authorized and directed to draw his warrants in favor of said the regents of the University of California for the money.s herein apjiropriated at such time and in such manner as the exjienditure of the same shall be required, and the state treasurer is hereby directed to pay said warrants. ACT 4263c. An act to reimburse the regents of the University of California for mon- eys expendeil by them in the construction of buildings, and provid ing for the completion and e(iui|imtMit thereof, for the Lick Observa- tory at Mt. Hamilton, to rei)la(e property destroyed by earthquake July 1st, 1911, and making an appropriation therefor. [Approved June 6, 1913. Stats. 1913, p. 895.] Appropriation: Replace destroyed property, Lick Observatory. § 1. The sum of fifty thiuis.ind cjolhirs ($r)(>,OOU) is hereby appro- j)riate(l out of any moneys in tlie state treasury not otherwise appro- ])riated, to be paid to the regents of the University of California to reimburse them for moneys already exjiended by them iu the construc- tion of buildings for the Lick Observatory on Mt. Hamilton, to replace pro])erty destroyed by the earthquake of July 1st, 1911, and with which to complete the said buildings and the purchase of equijiment therefor. § 2. The state controller is hereby authorized and dir-ected to draw his warrants in favor of the regents of the University of California for tlie moneys herein ajiprojiriated, and the state treasurer is hereby di- rected to pay said warrants. ACT 4263d. An act providing for the purchase, for the use of the department of agriculture of the I'niversity of California, of laud and water rights in any of the counties of Los Angeles, Riverside, Orange, San Bernardino, San Diego, Imperial, Ventura, or Santa Barbara, and for the planting of said lands and making an appropriation therefor. [Approved June 9, 1913. Stats. 1913, p. 875.] Appropriation: Land and water rights, department of agriculture, Uni- versity of California. In southern county. § 1. The s\im of sixty thou--an(l tlullars or so much thereof as may he required, is hereby appropriated out of any moneys in the state treasury 11 2255 UNIVERSITY OP CALIFORNIA. Acts 42G3e. 42631' not otherwise appropriated, to be paid to the regents of the Uuiversity of California, to be used by them for the piirrhase, for the use of the department of agriculture of the University of California, of a tract or tracts of land, waters and water rights therefor, situate in any of the counties of Los Angeles, Riverside, Orange, San Bernardino, San Diego, Imperial, Ventura, or Santa Barbara, as they may select, and for the planting of said land, or lands. § 2. The state controller is hereby authorized and directed to draw his warrants in favor of said the regents of the University of California for the moneys herein appropriated, at such time and in such manner as the expenditure of the same shall be required, and the state treasurer is hereby directed to pay said warrants. ACT 4263e. An act j)roviding for the construction and equipment of a residence, barns and necessary small buildings for the use of the department of agriculture of the University of California, in any or either of the counties of Los Angeles, Riverside, Orange, San Bernardino, San Diego, Imperial, Ventura, or Santa Barbara, and making an appropriation therefor. [Approved June 7, 1913. Stats. 1913, p. 861.] Appropriation: Residence, etc.. University of California department of agriculture. In southern county. § 1. The sum of twenty five thousand ($25,000) dollars is hereby appropriated out of any moneys in the state treasury not otherwise ap- propriated, to be paid to the regents of the University of California, to be by them expended in the construction and equipment of a resi- dence, barns, and necessary small buildings for the department of agriculture of said University. Said residence, barns and necessary small buildings shall be constructed upon lands donated or purchased for the use of said department of agriculture in any or either of the counties of Los Angeles, Riverside, Orange, San Bernardino, San Diego, Imperial, Ventura, or Santa Barbara. § 2. The state controller is hereby authorized and directed to draw his warrants in favor of said, the regents of the University of Cali- fornia for moneys herein appropriated, at such time and in such manner as the expenditure of the same shall be required, and the state treas- urer is hereby directed to pay said warrants. ACT 4263f. An act making an appropriation for the equipment, support and main- tenance of the branch agricultural experiment station in Imperial county. [Approved May 1, 1911. Stats. 1911, p. 1390.] Acts 4263g-4269 GENERAL LAWS. 2250 Appropriation: Agricultural experiment staticn In Imperial county. § 1. Thf «nni of fifteen thousand dollars is hereby approjiriated out of the money in the state treasury, not otherwise appropriated, to be expended by the regents of the University of California for the equip- ment, support and maintenance of the branch agricultural experiment station in Imperial county. Controller authorized to draw warrant. § 2. The state controller is hereby authorized to draw warrant for fifteen thousand dollars, payable to the regents of the University of California, and the treasurer of the state is hereb^^ directed to paj such warrant. ACT 4263g. An act ap|)ropriating money for the erection of buildings on, and acquir ing title to the land of, the state branch agricultural experiment station, located at Riverside, California, and for general improve- ments thereon. [Approved May 1, IPll. Stats. 1911, p. 1394.] Appropriation: Agricultural experiment station at Riverside. § 1. There is ht'rel)y ajifiropriated out of any inoucy in the state treasury not otherwise appropriated, the sum of twenty-five thousand ($2.5,000) dollars, to be used by the regents of the University of Cali- fornia for the purpose of erecting a building or buildings at the branch agricultural experiment station located at Riverside, (alifornia. acquir- ing title to the land upon which the station is now located, and for general improvements thereon. Controller to draw warrant. § 2. The controller nf the state is hereby directed to draw his war- rant for said sum of twenty-five thousand ($"J.">,000) dollars, and the treasurer of the state is hereby directed to pay the same. ACT 4265. Citations. ACT 4267. Citations. TITLE 544. [VALLEJO. Cal. 157/319. Cal. 161/673, 674; (subds. 10, 13) 161/673. ACT 4269. An act conveying to the city of Vallejo certain tide lands and lands of the state of California lying under inland navigable waters within the boundaries of the said city, situate in th« Napa creek, the Mare 2257 VALLEjo. Act 4269, § 1 island straits and the Straits of Carquinez, incliuling the rir'ht to wharf out tiierefrom to the city of Vallejo, in furtherance of nav- igation and commerce and the fisheries, and providing for the gov- ernment, management and control thereof. [Approved June 11, 1913. Stats. 1913, p. 57.5.] Whereas, Since the admission of California into the Union, all tide lands along navigable waters of this state and all lauds lying beneath the navigable waters of the state have been and now are held in trust by the state for the benefit of all the inhabitants thereof, for the pur poses of navigation, commerce and fishing; and Whereas, It is the duty of the state to govern, administer and control such lands and to improve and develop navigation, commerce and fishing thereon and thereover; and Whereas, The state has not the general power of alienation of such lands but may, when the interests of commerce, navigation and fishing require it, convey to municipalities limited and defined areas of such lands with the power to govern, control, improve and develop the same in the interests of all the inhabitants of the state; and Whereas, The conveyance to the city of Vallejo of the lands herein- after described, together with the right to govern, control, improve and develop the same will result in great advantage and benefit to all the inhabitants of the state, it is provided: Tide lands conveyed to Vallejo. Conditions. § 1. There is hereby granted and conveyed to the city of Vallejo, a municipal corporation, in the county of Solano, state of California, and to its successors, all the right, title and interest of the state of Cali- fornia held by said state by virtue of its sovereignty in and to all the tide lands and lands lying under inland navigable waters within the boundaries of the present city of Vallejo, situate in the Napa creek, the Mare Island straits and the Straits of Carquinez, lying and being between the line of mean high tide and the pier-head line in said straits, as the same has been or may hereafter be established by the federal government, and the right to wharf out therefrom to the city of Vallejo, to be forever held by said city and by its successors in trust for the uses and purposes and upon the expressed conditions following to wit: That said lands shall be used by said city and its successors, only for the establishment, improvement and conduct of a harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays and other utilities, structures and appliances necessary or convenient for the promotion and accommodation of com- merce and navigation, and said city, or its successors shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any individual, firm or corporation for any purposes whatever; provided, that said city, or its successors, may grant franchises thereon, for lim- 142 Act 4269, § 1 GENERAL LAWS. 2258 ited periods, for wharves and other public uses and purposes, and may lease said lands, or any part thereof, for limited period;!, for purposes consistent with the trusts upon which said lands are held by the state of California, and with the requirements of commerce and navigation at said harbor, for a term not exceeding twenty-five years, and on such other terms and conditions as said city may determine, including a right to renew such lease or leases for a further term not exceeding twenty-five years or to terminate the same on such terms, reservations and conditions as may be stipulated in such lease or leases, and said lease or leases may be for any and all j)urposes which shall not inter fere with navigation or commerce, with reversion to the said city on the termination of said lease or leases of any and all improvements tliereon, and on such other terms and conditions as the said city may de- termine, but for no purpose which will interfere with navigation or com- merce; subject also to a reservation in all such leases or such wharving out privileges of a street, or of such other reservation as the said city may (Ictermine for a belt line railroad or other railroad where the same may be deemed necessary by the said city; and such other reservations as the city may require, and for sewer outlets, ami for gas and oil mains and water mains, and for hydrants, and for electric cables and wires, and for such other concluits for municipal purposes, and for such j)ulilic and municipal purposes and uses as may be deemed necessary by the city; provided, however, that each person, firm or corporation or their heirs, successors or assigns now in possession of land or lands within the boundaries of the said city of Vallejo as hereinbefore firstly described, situate in the Napa creek, the Mare Island straits and the Straits of Carqtiinez, and lying and being between the line of mean high tide and the iiierheariate water; declaring the periods for which water may be appropriated and the conditions under which water may be appropriated; providing for the payment of fees an.l charges by the applicants for permission to appropriate water and L'267 WATER COMMISSIONERS. Act 4340, § 1 by the appropriators of water; providing for the ascertainment and adjudication of water rights; j>ruviding for the bringing of actions by certain persons, or, upon the direction of the state water com- mission, by the attorney general, for the quieting of title to water rights; specifying certain duties of the claimants, possessors or users of water or water rights; declaring water rights forfeited under certain conditions; regulating the approjjriation of water; except- ing cities, cities and counties, municii)al water districts, irrigation districts and lighting districts from certain provisions of this act; defining certain words and terms used in this act; repealing all acts or parts of acts in conflict with this act; declaring how this act shall be known; making legislative declaration concerning those parts of this act which may not be declared unconstitutional. [Approved June 16, 1913. Stats. 1913, p. 1012.] See in connection with this act the act of January 2, 1912 (Stats. Ex. Sess. 1011, p. 175). See post, Act 43()8c. Water commission created. Qualifications. Salary. Pro tempore com- missioners. § 1. For rhe purpose of carrAing out the provisions of this act a state water commission consisting of five persons is hereby created and es- tablished. Two members of said commission shall be, ex officio, the governor of the state and the state engineer, respectively. Three mem- bers of said commission shall be appointed by the governor for the term of four years; provided, however, that of the members first ap- pointed one shall be appointed to hold office until the first day in January, 1914, one until the first day in January, 1915, and one until the first day in January, 1916. Such appointive commissioners shall be men of prac- tical knowledge or experience in the application and use of waters for irrigation, mining and municipal purposes, and shall be so appointed that at least one thereof shall have had practical knowledge and experience in the use of water for agricultural purposes, and one thereof shall have had practical knowledge and experience in the use of water for mining pur- poses, and one thereof shall have had practical knowledge and experience in the use of water for municipal purposes. The commissioners shall elect one of their number president of the commission. The appointed members of said commission shall each receive as compensation for his services the sum of five thousand dollars per annum. No commissioner who is directly or indirectly interested in any matter before the com- mission shall sit with the commission during the hearing of such matter; nor shall he be detailed by the commission to investigate or report on any such matter; nor shall he take part in any determination of any such matter. But the governor shall have the power and authority, upon request of the commission, to appoint pro tempore some disinterested person to sit and act in the place and stead of such interested com- missioner. Such pro tempore commissioner shall have compensation for the time of service equal to the compensation of a commissioner during Act 4340, §§2-4 general laws. 2268 such service and shall have the power and authority of the same, only in the matter for the investigation and determination of which he shall have been appointed and his connection with the commission shall cease and determine upon the completion of the investigation and determina- tion for which he was appointed. But the commissioner in whose place and stead he sits shall have jiower, compensation and authority in all other cases. Vacancies. Seal. § 2. Whenever a vacancy in the state water commission shall occur, the governor shall forthwith appoint a qualified person to fill the same for tiie unexi)ired term. The legislature, by a two-thirds vote of all members elected to each house, or the governor, may remove any one or more of the appointed commissioners from office. The commission shall have a seal bearing the following inscription: State water commission of California. The seal shall he atlixed to all authentications of copies of records and to such other instruments as the commission may direct. All courts shall take judicial notice of said seal. Quorum. § 3. A majority of the appointed 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 imjiair the right of the remaining conimissioncr> to exercise all the powers of the commission. The act of a majority of the commissiimers present, when in session as a board, shall be dcemcl to be the act of the commission; but an}' investigations, inquiry or hearing which the commission has power to undertake or hold may be umiortaltpii or held by or before any commissioners or commissioner designated for the purpose by the commission; and every finding, order, ascertainment or decision made by the lommissioners or the commis- sioner so designated jmrsuant to such investigation, inquiry or hearing, when approved by the commission and ordered filed in its ollice, shall be and be deemed to be the finding, onler, ascertainment or decision of the commission. Powers. Witness' fees. § i. (a) Kach commissioner shall have power to administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and the jiroduction of papers, books, maps, accounts, documents and testimony in any inquiry, investigation, hearing, ascertainment or jiroceeding ordered or undertaken by the commission in any part of the state. Each witness who shall appear by order of the commission or any commissioners or a commissioner shall receive for his attendance the same fees and mileage allowed by law to witnesses in civil cases, which amount shall be ]iaid by the party at whose request such witness is subpoenaed. When any witness who has not been required to at- 2269 WATER COMMISSIONERS. Act 4340, § 4 tend at the request of any party shall be subpoenaed by the commission his fees and milcafie 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 mileajje 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 demand 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 commission or commissioners as directed in the subpoena. All fees and mileage to which any witness is entitled under the provisions of this section may be collected by action therefor in- stituted by the person to whom such fees are payable. But no witness shall be compelled to attend as a witness before the water commission or any water commissioner or water commissioners out of the county in which he resides, unless the distance be less than thirty miles from his place of residence to the place of hearing. Superior court may compel attendance of witnesses, etc. (b) The superior court of the county or city and county in which any inquiry, investigation, hearing or proceedings may be held by the com- mission or any commissioner or commissioners shall have the power to compel the attendance of witnesses and the production of papers, maps, books, accounts, documents and testimony as required by any subpoena issued by the commission or any commissioner or commissioners. The commission, commissioners, or commissioner before whom the testi- mony is to be given or produced may, in case of the refusal of any witness to attend or testify or produce any papers, maps, books, ac- counts or documents required by such subpoena, 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 for the production of said papers, maps, books, accounts or documents and that the wit- ness has been summoned in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers, maps, books, accounts, or documents required by the subpoena before the commission, com?nissioners, or commissioner in the cause or proceed- ing named in the notice and subpoena, or has refused to answer ques- tions propounded to him in the course of such cause or proceeding, and ask an order of said court, compelling the witness to attend, testify, and produce^ said papers, maps, books, accounts or documents before the commission, or commissioners, or commissioner. The court, upon the petition of the commission or commissioner or commissioners 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, if any he have, why he refused to obey said subpoena, or refused Act 4340, §§ 5, 6 general laws. 2270 to answer questions propounded to him by said connmission, or any com- missioners or any commissioner, or neglected, failed or refused to pro- duce before said commission, or any commissioners or any commissioner the books, papers, maps, accounts or documents called for in said sub- poena. A coj»y of said order and the petition therefor shall be served upon said witness. If it sliall appear to the court that said subpoena was regularly issued by the commission or any commissioners or a commissioner, the court shall thereupon enter an order that said witness appear before the commission or commissioners or commissioner at the time and place fixed in said order, and testify or proiluce the requiro'i papers, majis, books, accounts or xcusfc| from testifying or from producing an\ book, map, document, paper or account in any investigation or inquiry hv or hearing before the commission or any commissioners or rommissior> r upon the ground that the testimony or eviflence, book, map, document, pap* r or account required of him may tend to incriminate him or subject hirr to penalty or forfeiture. But no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any ac'. transaction, matter or thing material to the matter uniler investigation bv said commission, or any commissioners, or any commissioner concerning which he shall have been compelled to testify or to produce documentary evidence; provided, that no person so testifying or producing shall be ex- empt from prosecution and punishment for any perjury committed by him in his testimony. Record of business. § 5. A full and accurate record of business or acts performed or of testimony taken by the commission or any member or members thereof in pursuance of the provisions of this act shall be kept and be placed on file in the office of said water commission. Fees. § 6. The state water commission shall take, charge and collect the fol- lowing fees: for copies and records not retiuircil to be certified or other- wise authenticated by the commission, ten cents for each folio j for certified 2271 WATER COMMISSIONERS. Act 4340, §§ 7-10 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 certified copies of evidence and proceedings before the commission fifteen cents for each folio. The commission may fix reasonable charges for publications issued under its authority. All fees charged and collected under this section shall be jmid, at least once each week, accompanied by a detailed statement thereof, into the treasury of the state. Eules. Secretary. § 7. For the purpose of carrying out the provisions of this act the state water commission is authorized to pass such necessary rules and regulations as it may from time to time deem advisable, and to appoint and remove at its pleasure a secretary who shall have charge of its books and records and perform such other duties as from time to time may be prescribed and whose salary shall be fixed by the water commission; and the state water commission may also emploj' such expert, technical and clerical assistance, and upon such terms, as it may deem proper. Appropriation. § 8. For the purpose of carrying out the provisions of this act the sum of fifty thousand dollars is hereby appropriated for the fiscal years 1913-1914 and 1914-1915 out of any money in the state treasury not other- wise appropriated ; and the state controller is hereby authorized ami directed to draw warrants upon such sum from time to time upon the requisition of the state water commission approved by the state board of control, and the state treasurer is hereby authorized and directed to pay such warrants. Payments from fund. § 9. All indebtedness incurred for salaries, and all necessary costs in traveling and other expenses of said commission, and each of its members and persons employed by it, while actually engaged in the business of said commission, shall be paid by the state out of the funds hereby appropriated, upon the sworn statement of the person or persons incurring such indebted- ness, and upon the requisition of the state w^ter commission, approved by the state board of control, and the state controller is hereby authorized to draw warrants upon the state treasurer for said indebtedness, salaries, costs and expenses, as provided by law for the payment of similar costs and expenses and the drawing of similar warrants. To investigate streams, etc. § 10. The state water commission is hereby authorized and empowered to investigate for the purpose of this act all streams, stream systems, por- tions of stream systems, lakes, or other bodies of water, and to take testi- mony in regard to the rights to water or the use of water thereon or therein, and to ascertain whether or not such water, or any portion thereof, or the use of said water or any portion thereof, heretofore filed upon or attempterl to be appropriated by any person, firm, association, or corporation, is ap- propriated under the laws of this state. Act 4340, § 11 GENERAL LAWS. 2272 Water declared unappropriated. Public waters. Eeservoirs may con- stitute single system. § 11. All water or the use of water which has never been appropriated, or which has been heretofore appropriateil and which has not been in process, from the date of the initial act of appropriation, of being put, with due diligence in proportion to the magnitude of the work necessary properly to utilize for the purpose of such appropriation such water or the use of water, or which has not been put, or which has et-ascd to be put to some useful or beneficial purpose, or which may hereafter be appropriated and cease to be put, to the useful or beneficial purpose for which it was appropriated, or which in the future may be appropriated and not be. in the process of being put, from the date of the initial act of appropriation, to the useful or beneficial pur|)ose for which it was appropriated, with due dili- gence in proportion to the magnitude of the work necessary properly to utilize for the j)urpose of such appro[iriation such water or the use of water, is hereby declared to be unappr(ij)riated. And all -waters flowing in any river, stream, canyon, ravine or other natural channel, excepting so far as such waters have been or are being applied to useful and beneficial purpose upon, or in so far as such waters are or may be reasonably needed for useful, and beneficial purposes upon lands riparian thereto, or other- wise apj>ropriated, is and are hereby declared to be public waters of the state of California and subject to appropriation in accordance with the provisions of this act. If any portion of the waters of any stream shall not be put to a useful or beneficial purj)ose to or upon lands ri|iarian to such stream for any continuous period of ten consecutive years after the ]>assage of this act. such nonapplication shall be deemed to be conclusive presumption that the use of such portions of the waters of such stream is not needed upon said riparian lands for any useful or beneficial pur- pose; and such portion of the waters of any stream so nonapplied, unless otherwise appropriated for a useful and beneficial purpose is hereby declared to be in the use of the state and subject to appropriation in accordance with the jirovisions of this act. In any case where a reser- voir or reservoirs have been or shall hereafter under the provisions of tliis act be constructed or surveyed, laid out and proposed to be con- structed for the storage of water for a system, which water is to be used at one or more points under appropriations of water heretofore or hereafter made, which ajipropriations and rights thereuniler are nmv, or shall hereafter be held and owned by the person or corporation own- ing such reservoir site or sites and constructing such reservoir or reser- voirs, such reservoir or reservoirs anropriated. Contests of right to water. § 26. If any person, firm, association or corporation claiming or possessing any interest in or right to the waters of any stream, stream 2283 WATER COMMISSIONERS. Act 4340, §§ 27-29 system, lake or other body of water involved in any investigation or ascertaininunt by the state water commission of the rights to the water of said stream, stream system, lake or other body of water, desires to contest any of the interests in or rights to any of the said waters of any other person, firm, association or corporation such person, firm, asso- ciation or corporation desiring so to contest shall within ten days after the expiration of the period for public inspection prescribed in section 25 of this act, notify, in writing, the state water commission of said desire so to contest. Said notice shall state the ground of contest, which shall be verified by the oath of the contestant, his agent or attor- ney. Within ten days of the receipt of the notice of contest the state water commission shall notify the contestant and the person, firm, asso- ciation or corporation whose rights are contested to appear before it at a time and place specified in said notice, and that at said time and place said contest will be heard; provided, that said time shall not be less than thirty days nor more than sixty days from the date of the service of the notice of the commission; provided, further, that if any person, firm, association or corporation desires to contest an}' such ascertain- ment by the state water commission as hereinbefore provided, such contest maj' be brought as provided in sections 31 and 32 hereof. Service of notice. § 27. Said notice by said water commission shall be served and return made thereon in the same manner in which summons and return thereon are made in civil actions in the superior courts of this state. The water commission shall have power to adjourn hearings of contest from time to time upon reasonable notice to all parties in interest, and to issue subpoenas for and compel the attendance of witnesses to tes- tify before it and produce papers, books, maps and other documents. Deposit. § 28. The state water commission shall require from the party bring- ing the contest before it under section 26 of this act a deposit of five dollars for each day it shall be engaged in taking testimony in such contest. Upon the final ascertainment bj' the state water commission in any contest, the said commission shall enter an order directing the return of the deposit to the depositor if the contest shall be determined in his favor, but, if the contest shall be determined against the per- son bringing it, the said deposit shall be immediately paid into the state treasury. Testimony and evidence filed. § 29. Xot less than fifteen days nor more than thirty days after the expiration of the period during which the testimony and evidence is to be kept open for public inspection, or if anj' contest shall be made, not less than fifteen days nor more than thirty days after the settle- ment of said contest by the water commission, the testimony and evi- dence in the original hearing and the testimony and evidence taken in said contest shall be filed in the office of the water commission. Act 4340, §§30-32 GENERAL LAWS. 2284 Examination of stream, etc. § 30. The water commission may, in its discretion and in addition to the testimony and evidence submitted to it by the parties claimant to or possessors of water rights on any stream, stream system, lake or other body of water cause to be made an examination of said stream, stream system, lake or other bod}' of water and the works diverting or utilizing water therefrom. Said examination may include the gathering of whatever data covering said stream, stream system, lake or other body of water and the various ditehes and canals taking water therefrom as the said commission may require, as well as such other data and information as may, in the discretion of the said commission, be necessary to enable it properly to ascertain the relative rights of the [lartics claiming rights to use the waters of said stream, stream system, lake, or other body of water. The results of said examination shall be filed in tlie office of said commission and be open to public inspection as provided in this act for the filing and public inspection of other evidence of a like nature. Findings. § 31. As soon as practicable after the hearing of testimony and evi- dence, _the hearing of contest, and the gathering and filing of such data and information as the water commission shall, of its own motion, direct to be gathered, the said water commission shall record in its oHice its ascertainment of and specific findings upon the rights of the several claimants to the use of the waters of any stream, stream sys- tem, lake or other body of water. Immediately thereafter, the said water commission sliall file a certified cojiy of said ascertainment and spciific findings together with the original evidence and testimony taken before it and all data and information gathered by its order with the clerk of the superior court in and for the county in which such stream, stream system, lake or other body of water or any part thereof is situated. Findings, evidence of facts. Action in superior court. § 32. After the filing with the clerk of the superior court of the evidence, data, information, specific findings and ascertainment as re- quired by section 31 of this act, the same shall be received in the Bujierior court as prima facie evidence of the facts, specific findings anil ascertainment therein set forth. And at any time within one year after such filing an action may be brought, upon the direction of the state water commission, by the attorney general in said superior court in which said evidence, data, information, specific findings and ascertain- ment shall have been so filed. Or an action may be brought in said court by any one or more of the possessors or claimants concerning whose rights to any of the waters of the stream, stream system, lake or otiier bodv of water the state water commission shall have made (),,. V , ;;, |;)i,i;i. -; and ascertainment filed in said court. Said action 2285 WATER COMMISSIONERS. Act 43-iO, §§ 33. 34 if brought by the attorney general shall be brought in the name and behalf of the people of the state of California to quiet the title of the state of California or the people thereof to any and all water or water rights which it may have in or on said stream, stream system, lake or other body of water, and, to cause all parties whose rights have been so ascertained to appear and inter|)lead in said action in defense and determination of each and all of their respective riglits, which rights, as against the state and with regard to the different rights and priori- ties of said rights among themselves, shall be determined by the court in said action. And if an action be brought by any one or more of said claimants or possessors, said action may be brought in the name of the said possessor or claimant and to cause all parties, whose rights have been ascertained, to appear and interplead in said action in defense and determination of each and all of their respective rights, which rights, as against the state or the people thereof, and with regard to tlie different rights and priorities of said rights among themselves shall be deterinined by the court in said action. And from and after the filing of the complaint in such action, the proceedings therein shall be as in other cases heard and determined in said court, and in accord- ance with the provisions of the Code of Civil Procedure of this state; provided, that the evidence, data, information, specific findings, and ascertainments so filed with the superior court as provided in section 31 of this act must be considered by said court in its determination of both or either of said actions, and the court may affirm, modify or reject such specific findings and ascertainment and may make other or different findings as in its judgment the evidence justifies. Lawful appropriations respected. § 33. All existing lawful appropriations of water or the use thereof, shall be and hereby are respected and upheld to extent of the amount of water appropriated and actually put or in process of being put, from the initial date of the act of appropriation, with due diligence in pro- portion to the magnitude of the work necessary properly to utilize the water for the useful or beneficial purpose for which it was appropriated, or for which it is being used. Duty of claimants to appear. § 34. Whenever proceedings shall be instituted for the ascertainment by the state water commission of rights to water or the use of water, it shall be the duty of all claimants interested therein and having notice thereof as in this act provided to appear and submit proof of their respective claims at the time and in the manner required by law; and any such claimant who shall fail to appear in such proceedings and submit proof of his claim shall be barred and estopped from subse- quently asserting any rights theretofore acquired upon the stream, stream system, lake or other body of water, or portion of such stream, stream system, lake or other body of water, embraced in such proceedings, and shall be held to have forfeited all rights to said water or the use of Act 4340, §§ 35-37 general laws. 2286 water theretofore claimed by him on such stream, stream svstem. late or other body of water, unless entitled to relief under the laws of this state; provided, that such jtroceedings shall result in an ascertainment by the state water commission and a decree by the superior court based ujion such ascertainment and specific findings or a modification of said ascertainment or specific findings. Parties to suits. Hydrographic survey. § 35. In any suit wherein the state is or the people of the state are a party for the determination of a right to the use of the water of any stream, stream system, lake or other body of water, or of any portion of any stream, stream system, lake or other body of water, all who claim the right to use such water shall be made parties. When any such suit has been filed the court may call upon the state water commission to make or furnish a comjdete hydrograi)hic survey of such stream, stream .system, lake or otlier body of water, in order to obtain all the data necessary to the determination of the rights involved. The disburse- ments made in litigating the rights involved in such suit may be taxed by the court as in other equity suits, exclusive of the cost of such hydrographic survey. Copy of decree filed with commission. § 36. Ujion the adjudication of the rights to the use of the water of a stream, or stream system, lake or other body of water, or any portion of a stream, stream system, lake or other body of water, a certified cojiy of the decree shall be prepared by the clerk of the court, without charge, and fileil in the o(!ice of the state water commission, and said commission sliall deliver to every party in such decree a certified copy thereof upon demand and the payment of the fees provided in this act. And the said commission shall file, for record, in the office of the re- corder of each county in which any portion of said stream, stream system, lake or other body of water is situated, a certified copy of said decree. Said decree sliall in every case declare as to the water right adjudged to each party, whether riparian or by appropriations, the extent, the jiriority, amount, juirpose of use. point of diversion, and place of use of said water; and, as to water used for irrigation, such decree shall also declare the specific tracts of land to which it shall be appurtenant, together with such other conditions as may be necessary to define tiie right and its priority. But the failure of any party entitled thereto, to demand or receive a copy of said decree shall not be considered to have prejudiced him or his rights in any way. Power to supervise distribution of water. § 37. The power to supervise the distribution of water in accord- ance with the priorities established under this act, when such super- vision does not contravene the authority vested in the judiciary of the state, is hereby vested in the state water commission. 2287 WATER COMMISSIONERS, Act 4340, §§ 38-41 Unauthorized diversion, trespass. § 38. The diversion or use of water subject to the provisions of this act other than as it is in this act authorized is hereby declared to be a tresjiass, and the state watjer commission is iiereby authorized to in- stitute in tiie superior court in and for any county wherein such diver- sion or use is attempted appropriate action to have such trespass enjoined. Water appropriated for specific purpose. § 39. Water or the use of water which has heretofore been appro- priated or acquired, or which shall hereafter be appropriated or ac- quired for one specific purpose shall not be deemed to be appropriated or acquired for any other or difl'erent purp ACT 4348a. An act providing for the regulation of water companies, defining their powers and duties, defining the powers and duties of the railroad commission with reference thereto, and defining the conditions under which such water companies become subjei:t to the provisions of 2289 WATER COMPANIES. Act 4348a, §§ 1-5 the public utilities act and the railroad coniniission of the state of California. [Approved April 25, 1913. Stats. 1913, p. 84.] Water company, public utility. § 1. Whenever any person, tirm or -private corporation, their lessees, trustees, receivers or trustees appointed by any court whatsoever, own- ing, 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 con- tract 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 railroad commis- sion of the state of California. Private company not public utility. § 2. Whenever any private corporation or association is organized for the purpose solely of delivering water to its stockholders or members at cost, and delivers water to no one except its stockholders or members at cost, such private corporation or association is not a public utility, and is not subject to the jurisdiction, control or regulation of the rail- road commission of the state of California. When private company becomes public utility. § 3. Whenever any private corporation or association organized for the purpose of delivering water solely to its stockholders or members at cost does deliver water to others than its stockholders or members for compensation, such private corporation or association becomes a public utility and subject to the terms of the public utilities act and the jurisdiction, control and regulation of the railroad commission of the state of California. Private company, public utility. § 4. 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 polit- ical subdivisions of the state in addition thereto, such private corpora- tion or association is a public utility and subject to the provisions of the public utilities act and to the jurisdiction, control and regulation of the railroad commission of the state of California. Limitation on service of water company. § 5. 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 144 Act 4348a, §§ 6, 7 general laws. 2290 water can be supplied from the system of such utility without injuriously withdrawing the supply wholly or in part from those who have thereto- fore been supplied by such corporation, 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 afttr hearing upon its own motion or u[ion complaint, to require any such water company to allow additional consumers to be served when it shall ap[)oar that to supply such additional consumers will not injuriously withdraw the supply wholly or in part from those who theretofore had been supi)lied by such public utility. Report to railroad commission. § 6. The railroad commission shall have the power to require any and all water corporations to file with the commission a statement in writing defining arid 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 incorjioration 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 incorporation or said notices of appropriation that such water corj)oration has undertaken to su|iply more consumers or a greater num- ber of acres than it can adequately sujtply, 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 incor- poration or notices of ai)propriation to such a limited number of con sumers or acres of land as the commission shall find, after hearing, such water corporation may alied is such that under all the circumstances and conditions it is or may constitute a menace or danger to the health or lives of human beings, or that under all the circumstances and con- ditions the existing or proposed works, system, plant or water supply is unhealthful or unsanitary, it shall deny the prayer of such petition; jtrovided, however, that in case such petition shall be for permission to continue to furnish or sup^Jy water from a water system permanently constructed, established and oi>orating prior to the passage of this act, said board may grant the petitioner a temporary and revocable permit, authorizing the continuance of the water supply, under such restrictions and conditions as in said permit may be sjiecified, to enable the peti- tioner to appoint an expert or commission to investigate and report on the best method of water supply, and to construct and put into operation a new or altered system, plant, water supjdy or distributing system, or to so alter, add to, repair, or modify the operation of the existing water supply, plant, works or system that the water furnished or su])plied shall not endanger the lives or health of human beings. Petition granted when water is pure. Permits revocable. Making ex- aminations. Enjoining supplying impure water. Penalty. (b) If it shall determine, as a fact, that the water being furnished or supplied to such human beings is such, that under all the circum- stances and conditions, it does not endanger the lives or health of human beings and that under all the circumstances and conditions the water being supplied is the purest and most healthful obtainable or securable under all the circumstances and conditions, it shall grant to ]ietitioner a permit authorizing petitioner to furnish or continue to furnish or supply such water to such human beings; provided, however, that all jtermits issued hereunder shall be revocable or subject to sus- pension by said board at any time that it shall determine, as a fact, that the water being supplied or furnished or intended to be supplied or furnished does or will endanger the lives or health of human beings. The state board of health and its inspectors shall at :»ny and all rea- sonable times have full power and authority to, and shall be permitted 2293 WATER DISTRICTS. Act 4349, § 1 to, enter into and upon any and all places, property, inclosures and structures for the purpose of making and therein or thereon to make examinations and investigations to determine whether any provision of this act is being violated. The holder of any permit granted by said board under the provisions of this act may at any time by order of said board be re(|uired to furnish to said board, u[)on demand, a com- plete re[)ort uj)on the condition and operation of the water supply, plant, works or system owned, operated or controlled by it, which report shall be made by some competent person designated for the purpose by said board, and at the sole cost and expense of the holder of the permit. Any person, firm, corporation, public utility, municipality or other public body, institution or corporatioii who shall furnish or supply or continue to furnish or supply water used or intended to be used for human con- sumption or for domestic purposes without having an unrevoked permit from the state board of health so to do, as in this act provided, may be enjoined from so doing by any court of competent jurisdiction, at the suit of any person or persons, firm, corporation, municipal or other public corporation whflse supply of water for human consumption or for domestic purposes is taken, or received, from, or supplied or furnished by any such water furnishing or distributing person, firm, corporation, public utility or municipality or other public body, institution or cor- poration, or it or he may be enjoined at the suit of the state board of health in the same manner; provided, further, that any such person, firm, corporation, public utility, municipality or other boily, institution or corporation subject to the provisions of this act may file such petition at any time prior to January 1, 1914, unless sooner required so to do by order of said state board of health. Anything done, maintained or suffered in violation of any of the provisions of this act shall be deemed to be a public nuisance dangerous to health and may be sum- marily abated in the manner provided by law and it shall be the duty of all and every public officer or officers, body or bodies lawfully em- powered so to do to immediately abate the same. TITIiE 556a. WATER DISTRICTS. ACT 4349. An act to provide for the incorporation and organization and manage- ment of county water districts, and to provide for the acquisition of water rights or construction thereby of waterworks and for the acquisition of all property necessary therefor, and also to provide for the distribution and sale of water by said districts. [Approved June 10, 1013. Stats. 1913, p. 1049.] Organization of county water districts. § 1. A county water district may be organized and incorporated and managed as herein expressly provided and may exercise the powers herein expressly granted or necessarily implied. Act 4349, §§2,3 GENERAL LAWS. 2294 § 2. The people of any county, or city and county, or portion of a county, or city and county, whether such portion includes unincorporated territory or not, in the state of California, having a population of not less than one thousand inhabitants, may organize a county water dis- trict under tlie provisions of this act by proceeding as herein provided. Petition. Boundaries. Hearing. Changes in boundaries. Findings of board final. Elections. Certificate of incorporation. § 3. A petition, which may consist of any number of separate instru- ments, shall be presented at a regular meeting of the board of super- visors of the county in which the proposed water district is located, signed by the registered voters within the boundaries of the proposed water district, equal in number to at least ten per centum of the num- ber of votes cast in said proposed county water district for the office of governor of this state at the last general election prior to the present- ing of the petition; provideetitions have a sufficient number of qualified signatiires at- tached thereto. On the final hearing said board shall make such changes in the projiosed boundaries as may be deemed advisable and shall define and establish such boundaries. But said boar«l shall not modify said boundaries so as to exclude from su«Ji proposed ilistrict any territory which would be benefited by the formation of such district; nor shall anv lands which will not, in the .iuilgment of said board, be benefited by such district, by means of any of said systems of works, be included 2295 WATER DISTRICTS. Act 4349, § 3 within such proposed district. Any person whose lands are benefited by such district may upon his application, in the discretion of said board, have sucli lands included within said projwsed district. Upon such hearing of said petition, the board of supervisors shall de- termine whether or not said petition complies with the requirements of the provisions of this act, and for that j)urpose must hear all com- petent and relevant testimony offered in support of or in opposition thereto. Such determination shall be entered upon the minutes of said board of supervisors. A finding of the board of supervisors in favor of the genuineness and sufficiency of the petition and notice shall be final and conclusive against all persons except the state of California upon suit commenced by the attornej'' general. Any such suit must be com- menced within one year after the order of the board of supervisors de- claring such district organized as herein provided, and not otherwise. Upon the final determination of the boundaries of the district the board of supervisors shall give notice of an election to be held in said pro- posed water district for the purpose of determining whether or not the same shall be incorporated. Such notice shall describe the boundaries so established and shall state the proposed name of the proposed incor- poration (which name shall contain the words " county water dis- trict"), and this notice shall be published at least four weeks prior to such election in at least one, but not to exceed three, newspapers printed and published in said county. At such election the proposition to be sub- mitted shall be: "Shall the proposition to organize county water district under (naming the chapter containing this act) of the acts of the fortieth session of the California legislature be adopted?" And the election thereupon shall be conducted, the vote canvassed and the result declared in the same manner as provided by law in respect to general elections, so far as they may be applicable, except as in this act other- wise' provided. No person shall be entitled to vote at any election nnder the provisions of this act unless such person possesses all the qualifications required of electors under the general election laws of the state. Within four days after such election the vote shall be can- vassed by the board of supervisors. If a majority of the votes cast at sucli election in each municipal corporation or part thereof and in the unincorporated territory included in such proposed water district shall be in favor of organizing such county water district, said board shall by an order entered on its minutes declare the territory inclosed within the proposed boundaries duly organized as a county water district under the name theretofore designated, and the county clerk shall immediately cause to be filed with the secretary of state and shall cause to be recorded in the office of the county recorder of the county in which such district is situated, each, a certificate stating that such a proposi- tion was adopted. Upon the receipt of such last-mentioned certificate the secretary of state shall, within ten days, issue his certificate reciting that the county water district (naming it) has been duly incorporated according to the laws of the state of California. A copy of such cer- Act4349, §§4, 5 GENERAL LAWS. 2296 tifioate shall be transmitted to and filed with the county clerk of the county in which such county water district is situated. From and after the date of such certificate, the district named therein shall be deemed incorporated as a county water district, with all the rights, privileges and powers set forth in this act and necessarily incident thereto. In case less than a majority of the votes ca?t are in favor of said propo- sition the organization fails but without prejudice to renewing procer'd- ings at any time in the future. Election of directors. Term of office. § 4. At an cIim tion to be held within such water district under the provisions of this act and the laws governing general elections not in- consistent herewith, the county water di+^trict thus organized shall pro- ceed within ninety daj's after its formation to the election of a board of directors consi.^ting, if there are no municipalities within the bound- aries of said district, of five members. In all cases where the bound- aries of such water district include any municipality or municipalities, said board of directors, in addition to said five directors to be elected as aforesaid, shall consist of one additional director for each one of said municipalities wSthin such county water district, each such additional director to be appointed by the mayor of the municipality for which said additional director is allowed; and if there be any unincorporated territory witliin said water district, of one additional director, to be apjiniiitod by the said board of supervisors. .\ny director so appointed need not be an elector or resident of said district. All directors, elected or appointed, shall hold ofHce until the election and qualification or ap- f)ointment and qualification of their successors. The term of ollice of directors elected under the jtrovisions of this act shall be four years Irom and after the date of their election; provided, that the direetors first elected after the passage of this act shall hold office only until the election and qualification of their successors as hereinafter provided. The term of office of directors appointed by said mayor or mayors or by said lioard of supervisors shall be six years from and after the date of appointment. Directors to be first appointed under the provisions of this act shall be appointed within ninety days after the formation of the district. The election of directors of such county water district shall be in every fourth year after its organization, on the fourth Tuesday in March, and shall be known as the general water district election. A second election shall be held, when necessary, as hereinafter provided, on the third Tuesday after such general election, and shall be known as the second water district election. All other eloi-tions which may be held by authority of this act, or of the general laws, shall be known as special water district elections. Nomination and election of officers. § 5. (1) The mode of nomination and election of all elective officers of such water district to be voted for at any water district election and 2297 WATER DISTRICTS. Act 4349, § 5 the mode of appointment of a director or directors by said mayor or mayors or by said board of supervisors shall be as follows and not other- wise (2) The name of a candidate shall he printed upon the ballot when a jjeiition of nomination shall have been filed in his behalf in the manner and form and under the conditions hereinafter set forth. (3) The petition of nomination shall consist of not less than twenty- five individual certificates, which shall read substantially as follows: Petition of Nomination. Individual Certificate. State of California, County of , — ss. Prect. No. . I, the undersigned, certify that I do hereby join in a petition for the nomination of , whose residence is at No. , -■ street, for the office of of the county water district to be voted for at the water district election to be held in the county water district on the day of , 19 — ; and I further certify that I am a qualified elector residing within said district, and am not at this time a signer of any other petition nominating any other candidate for the above- named office, or, in case there are several places to be filled in the above-named office, that I have not signed more petitions than there are places to be filled in the above-named office; that my residence is at No. , street, , and that my occupation is . . (Signed) . State of California, County of , — ss. being duly sworn, deposes and says that he is the person who signed the foregoing certificate and that the statements therein are true and correct. (Signed) ^ Subscribed and sworn to before me this day of , 19 — . "> Notary Public or Verification Deputy. The petition of nomination of which this certificate forms a part shall, if found insufficient, be returned to at No. , street, , California. (4) It shall be the duty of the county clerk to furnish upon applica- tion a reasonable number of forms of individual certificates of the above character. (5) Each certificate must be a separate paper. All certificates must be of uniform size as determined by the county clerk. Each certificate must contain the name of one signer thereto and no more. Each cer- tificate shall contain the name of one candidate and no more. Each signer must be a qualified elector residing within said district, must not Act 4349, § 5 GENERAL LAWS. 2293 at the time of signing a certificate have his name signed to any other certificate for any other candidate for the same office, nor, in case there are several places to be filled in the same office, signed to more cer- tificates for candidates for that oflice than there are places to be filled in such office. In case an elector has signed two or more conflietinj; certificates, all such certificates shall be rejected. Each signer must verify his certificate and make oath that the same is true, before a notary public or a verification deputy, as provided for in this section. Each certificate shall further contain the name and address of the per son to whom the jiotition is to be returned in case said petition is fouml insufficient. (6) Verification deputies, under this section, must be qualified electors of such county water district, and shall be appointed by the county clerk upon application in writing, signed by not less than five qualified electors of such county water district. The application shall set forth that the signers thereto desire to procure the necessary signatures of electors for the nomination of candidates for office in said county water district at an election therein specified, and that the applicants desire tile jjorson or jiersons whose names and addresses are given appointed as verification deputies, who shall upon appointment be authorized and empowered to take the oath of verification of the signers of petitions of nomination. Such verification deputies need not use a seal, and shall not have power to take oaths for any other purposes whatsoever, and their apiiointments shall continue only until all jietitions of nomination, under this section, shall have been filed by the county clerk. (7) A petition of nomination, consisting of not less than twenty-five individual certificates for any one candidate, may be jiresented to the county clerk not earlier than forty-five days nor later than thirty days before the election. The county clerk shall indorse thereon the date u])on which the petition was presented to him. (S) When a petition of nomination is presented for filing to the county clerk, he shall forthwith examine the sjime, and ascertain whether or not it conforms to the provisions of this section. If found not to con- form thereto, he shall then and there in writing designate on said peti- tion the defect or omission or reason why such petition cannot be filed, luul shall return tlio ]ietition to the jierson name«l as the person to whom the same may be returned in accordance with this section. The petition may then be amended and again presented to the clerk as in the first instance. The clerk shall forthwith proceed to examine the petition as hereinbefore provided. If necessary, the board of supervisors shall provide extra help to enable the clerk to perform satisfactorily and promptly the duties imposed by this section. (9) Any signer to a petition of nomination and certificate may with- draw his name from the same by filing with the county clerk a verified revocation of his signature before the filing of a petition by the clerk, and not otherwise. He shall then be at liberty to sign a petition for another candidate for the same office. 2299 WATER DISTRICTS. Act 4349, § 5 (10) Any person whose name has been presented under this section as a candidate may, not later than twenty-five days before the day of election, cause his name to be withdrawn from nomination by filing with the county clerk a request therefor in writing, and no name so withdrawn shall be printed upon the ballot. If, upon such withdrawal, the number of candidates remaining does not exceed the number to be elected, then other nominations may be made by filing petitions there- for not later than twenty-five days prior to such election. (11) If either the original or amended petition of nomination be found sufficiently signed as hereinbefore provided, the clerk shall file the same twenty-five days before the date of the election. When a petition of nomination shall have been filed by the clerk it shall not be withdrawn or added to and no signature shall be revoked thereafter. (12) The county clerk shall preserve in his office for a"~period of two years, all petitions of nomination and all certificates belonging thereto, filed under this section. (13) Immediately after such petitions are filed, the county clerk shall enter the names of the candidates in a list, with the offices to be filled, and shall not later than twenty-five days before the election certify such list as being the list of candidates nominated as required by the provisions of this act, and the board af supervisors shall cause said certified list of names and the offices to be filled, to be published in the proclamation calling the election at least ten successive days before the election in at least one but not more than three newspapers of general circulation published in the count}^ in which such municipal water district is located. Such proclamation shall conform in all re- spects to the general state law governing the conduct of general elec- tions now or hereafter in force, applicable thereto, except as otherwise herein provided. (14) The county clerk shall cause the ballots to be printed and bound and numbered as provided by said general state law, except as other- wise required in this act. The ballots shall contain the list of names and the respective offices as published in the proclamation and shall be in substantially the following form: General (or Special) District Election, County Water District, (Inserting date thereof.) Instructions to Voters: To vote, stamp or write a cross (X) opposite the name of the candidate for whom you desire to vote. All marks otherw^ise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the inspector of election, and obtain another. (15) All ballots printed shall be precisely on the same size, quality, tint of paper, kind of type, and color of ink, so that without the num ber it would 'be impossible to distinguish one ballot from another; and Act 4349, § 5 GENERAL LAWS. 2300 the names of all candidates printed upon the ballot shall be in type of the same size and style. A column may be provided on the right hand side for questions to be voted upon at municipal water district elections, as provided for under this act. The names of the candidates for each ofTice shall be arranged in alphabetical order, and nothing on the ballot shall be indicative of the source of the candidacy or of the support of any candidate. (16) The name of no candidate who has been duly and regularly nominated, and who has not withdrawn his name as herein provided shall be omitted from the ballot. (17) The otiices to be filled shall be arranged in the following order: "For director vote for (giving number)." (IS) Half-inch square shall he provided at the right of the name of each candidate wherein to mark the cross. (19) JIalf-inch spaces shall be left below the printed names of can- didates for each office equal in number to the number to be voted for, wherein the voter may write the name of any person or persons for wiiom he may wish to vote. (20) The county clerk shall cause to be printed sample ballots, iden- tical with the ballot to be used at the election, and shall furnish copies of the same on ai>[)liciition to. registered voters at his office at least five days before the date fi.vod for such election, and shall mail one such ballot to each voter entitled to vote at such election, so that all of said samj)le ballots shall have been mailed at least three whole days before said election. (21) In case there is but one person to be elected to an office, the candidate receiving a majority of the votes cast for all the candidates for that office shall be declared elected; in case there are two or more j)ersons to be elected to an office, as thfit of director, then those can- didates equal in number to the number to be elected, who receive the highest number of votes for such office shall bo declared elected; pro- viiled, however, that no person shall be declared elected to any office at such first election unless the number of votes received by him shall be greater than one-half the i>umber of ballots cast at such election. (22) If at any election held as above provided there be any office to which the required number of persons was not elected, then as to such office the said first eleotion shall be considered to have been a jirimary election for the nomination of candidates, and a second election shall be held to fill said office. The candiilatcs not elected at such first election, equal in number to twice the number to be elected to any given office, or less if so there be, who receive the highest number of votes for the resi>ective offices at such first election, shall be the only candidates at such second election; provided, that if there be any per- son who, under the provisions of this sul livision, would have been en- titled to become a candidate for any odice, except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving such eiiual number of votes shall likewise be- 2301 WATER DISTRICTS. Act 4349, §§ 6-8 come candidates for such office. The candidates equal in number to the persons to be elected who shall receive the highest number of votes at such second election shall be declared elected to such office. (23) The said second election, if necessary to be held, shall be held three weeks after the first election. (24) All the provisions and conditions above set forth as to the con- duct of an election, so far as they may be applicable, shall govern the second election, except that notice of election need be published twice only; and provided, also, that the same precincts and polling places shall, if possible, be used. (25) If a person elected fails to qualify, the office shall be filled as if there were a vacancy in such office, as hereinafter provided. (2fi) The mode of appointment of director or directors by a mayor, or by a board of supervisors shall be by certificate of appointment signed by said mayor or mayors, or issued by said board of supervisors, and transmitted to the board of directors of said county water district. (27) No informality in conducting county water district elections shall invalidate the same, if they have been conducted by directors to fill a vacancy, or appointed by a mayor or by this act. Creneral law to govern. § 6. The provisions of the law relating to the qualifications of elec- tors, the manner of voting, the duties of election officers, the canvassing of returns, and all other particulars in respect to the management of general elections, so far as they may be applicable, shall govern all water district elections, except as in this act otherwise provided; pro- vided, that the board of supervisors shall canvass the returns of the first election and that thereafter, except as herein provided, the board of directors shall meet as a canvassing board and duly canvass the re- turns within four days after any water district election, including any water district bond election. Officers subject to recall. § 7. Every incumbent of an elective office, whether elected by popu- lar vote for a full term, or elected by the board of directors to fill a vacancy, or appointed bj'' a mayor or by said board of supervisors for a full term, is subject to recall by the voters of any county water dis- trict organized under the provisions of this act, in accordance with the recall provisions of the general laws of the state applicable to officers of counties. Organization of board. § 8. The board of directors shall be the governing body of sucb county water district. It shall hold its first meeting on the sixth Monday after the first general election for the election of directors as herein provided; it shall choose one of its members president, and shall there- upon provide for the time and place of holding its meetings and the inanner in which its special meetings may be called. AU legislative Act 4349, §§9-12 QEXERAL LAWS. 2302 sessions of the board of directors whether regular or special shall be open to the public. A majority of the board of directors shall consti- tute a quorum for the transaction of business. The board of directors sliall establish rules for its proceedings. Ordinances. Enacting clause. Compensation. § 9. The board of directors shall act only by ordinance or re?osed debt is to be inmrrod, the amount of debt to be incurred, the maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed forty years, anil the maxi- imim rate of interest to be paid, which shall not exceed seven per cent per annum. The board of directors shall fix a date upon which an election shall be held for the purpose of authorizing said bonded indebt- edness to be incurred. It shall be the duty of the board of directors 2305 WATER DISTRICTS. Act 4349, §§ 16-18 to provide for holding such special election on the day so fixed and in accordance with the general election laws of the state so far as the same shall be applicable, except as herein otherwise provided. Such board of directors shall give notice of the holding of such election, which notice shall contain the resolution adopted by the board of di- rectors of the water district, boundaries of precincts, the location of polling places, and the names of the officers selected to conduct the election, who shall consist of one judge, one inspector and two clerks in each precinct. Such notice shall be published for two weeks in at least one newsjiaper and not more than three newspapers published in such water district, which newspaper or newspapers shall be designated by the board of directors; and if there is no newspaper printed in such water disti'ict, then by posting such notice in three public places therein. All the expenses of holding such election shall be borne by the district. The returns of such election shall be made, the votes canvassed by said board of directors on the first Monday following said election, and the results thereof ascertained and declared in accordance with the general election laws of the state so far as they may be applicable, except aa herein otherwise provided. The secretary of the board of directors, as soon as the result is declared, shall enter in the records of such board a statement of such results. No irregularities or informalities in con- ducting such election shall invalidate tlie same, if the election shall have otherwise been fairly conducted. In all respects not otherwise provided for herein said election shall be called, managed and directed as is by law provided for general elections in this state applicable thereto, except as herein otherwise provided. Two-thirds vote necessary. § 16. If from such returns it appears that more than two'thirds of the votes cast at such election were in favor of and assented to the incurring of such indebtedness, then the board of directors may, by resolution, at such time or times as it deems proper, provide for the form and execution of such bonds and for .the issuance of any part thereof, and may sell or dispose of the bonds so issued at such times or in such manner as it may deem to be to the public interest. Value of bonds issued. § 17. Any bonds issued by any district organized under the provisions of this act are hereby given the same force, value and use as bonds issued by any municipality and shall be exempt from all taxation within the state of California. Power to construct works across streets, etc. Right of way through state lands. § 18. The board of directors shall have power to construct works across any stream of water, watercourse, street, avenue, highway, rail- way, canal, ditch, or flume which the route of said works may intersect 145 Act 4349, §§ 19-22 general laws. 2306 or crosj; provided, such works are constructed in snch manner as to afford security for life and property, and said board of directors shall restore the crossings and intersections to their former state as near as may be, or in manner not to hav3 impaired unnecessarily their useful- ness. Every company whose right of way shall be intersected or crossed by said works shall unite with said board of directors in forming said intersections and crossings and grant the rights therefor. The right of way is hereby given, dedicated and set apart to locate, construct and maintain said works over and through any of the lands which are now or may be the property of this state, and to have the same right? and privileges appertaining thereto as have been or may be granted tu the municipalities within the state. Water rates. § 19. The board of directors shall fix all water rates and through th^^ general manager collect the charges for the sale and distribution of water to all consumers. Rate to pay operating expenses. § 20. The board of dirccturs in the furnishing of water shall fix su'^h rate as will j)ay the operating expenses of the district, provide for re pairs and depreciation of works owned or operated by it. pay the inter- est on any bonded debt, and, so far as possible, provide a sinking or other fund for the pa^'nient of the principal of such debt as it may become due; it being the intention of this section to require the district to pay the interest and principal of its bonded debt from the revenues of the district. Tax levy to pay deficit. § 21. If, from any cause the revenues of the district shall be in adequate to pay the principal or interest on any bonded debt as it becomes due, then the board of directors must at least fifteen day> before the first day of the month in which the board of supervisors of the county or city and county in which such water district is locatcu is required by law to levy the amount of taxes required for county or city and county purjioses and furnish to the board of supervisors and to the auditor respectively an estimate in writing of the minimum amount of the money required by the district for that purpose, and the board of supervisors of such county or city and county, must annually, at the time and in the manner of levying other county or city and county taxes, levy and cause to be collected a tax to be known as the " county district water tax." Levy and collection of tax. § 22. Such tax shall bo levied on all property in the territory com- prising the district and shall be collected at the same time and in the same manner and form as county tr.xes are collected and when collected, shall be paid to the district for "which such tax was levied and collected. 2307 WATER DISTRICTS. Act 4349, §§ 23-26 Such tax shall be a lien on aU the property within the territory com- prising the district and of the same force and effect as other liens for taxes and lis collection shall be enforced by the same means as pro- vided for in the enforcement of liens for state and county taxes. Initiative. § 23. Ordinances may be passed by the electors of any county water district organized under the provisions of this act in accordance with the methods provided by the general laws of the state for direct legis- lation applicable to counties. Referendum, § 24. Ordinances may be disapproved and thereby vetoed by the electors of any such county water district by proceeding in accordance with the methods provided by the general laws of the state for protest- ing against legislation by counties. Adding to district. § 25. Any portion of a county or any municipality, or both, may be added to any county water district organized under the provisions of this act, at any time, upon petition presented in the manner herein pro- vided for the organization of such water district, which petition may be granted by ordinance of the board of directors of such water district. Such ordinance shall be submitted for adoption or rejection to the vote of the electors in such water district and in the proposed addition, at a general or special election hald as herein provided, within seventy days after the adoption of such ordinance. If such ordinance is approved, the president and secretary of the board of directors shall certify that fact to the secretary of state and to the county recorder of the county in which such water district is located. Upon the receipt of such last- mentioned certificate the secretary of state shall, within ten days, issue his certificate, reciting the passage of said ordinance and the addition of said territory to said district. A copy of such certificate shall be transmitted to and filed with the county clerk of the county in which such county water district is situated. From and after the date of such certificate the territory named therein shall be deemed added to and form a part of said county water district, with all the rights, privileges and powers set forth in this act and necessarily incident thereto. Other water acts not repealed. § 26. Nothing in this act shall be so construed as repealing or in any wise modifying the provisions of any other act relating to water or the supply of water to, or the acquisition thereof by counties or muni- cipalities within this state. The term "municipality," as used in this act, shall include a consolidated city and county, city or town, and shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now existing and those hereafter organized for municipal purposes within such water districts. Act 4349a, § 1 gener.vl laws. 2308 The term "county" shall be understood and construed to include "city and county." In municipalities in which there is no mayor the duty imposed upon said officer by the provisions of this act 'shall be per- formed by the president of the board of trustees or other chief execu- tive of the municipality. The word "district" shall apply, unless other- wise expressed or used, to a water district formed under the provisions of this act, and the word "board" and the words "board of directors" shall apply to the board of directors of such district. Duties performed by registrar of voters. § 27. Whoiievcr a rcj,M.str;ir of voters in any county, or city and county, shall be appointed, or elected, under the provisions of law, or charter providing therefor, the duties imposed on the county clerk by the provisions of this act shall be performed by the registrar of voters with like effect, and in such case all papers or documents required to be filed with the county clerk s-hall be filed with said registrar of voters when so appointed or elected. ACT 4349a. An act providing for the organization of water districts by the board of supervisors of the different counties of the state upon petition therefor by the land owners; providing for the joint government and control thereof by the land owners thereof and the board of supervisors of the county in which the same are formed; providing for the duties in connection therewith of the county officials of each county in which any of the lands contained in said district are located; providing for the acquisition and construction by said dis- trict of irrigation works, for the irrigation of the lands embraced therein and for the distribution thereby of water for irrigation pur- poses; providing for the payment of the debts thereof by a tax levied on the lands embraced therein; providing for the issuance and sale of bonds thereby; providing that said bonds may be in- vestigated by an appointive board of three hydratilic engineers; providing for the ajiproval of said bonds by the state superin- tendent of banks in case said investigation is favorably reported and that thereafter said bonds may be lawfully purchased, or re ceived in pledge as security for any money or deposits or for the performance of any act, by banks, banking institutions, insurance companies, trust companies, guardians, executors, administrators and special administrators; provirior thereto, by-laws shall have been adopted and filed with the secretary of the district by the written assent of the holders of title or evidence of title, including such aforesaid possessory rights, to a majority in area of the lands embraced in said district. The records of the United States land ofTice for the district in which said lands are located; the records of the state land office; and the records in the office of the countv recorder of the county in which said lands are situ- 2311 WATER DISTRICTS. Act 4349a, § 5 ated shall be eonelusive evidence of ownership for the purposes of this section. The by-laws shall provide for: the manner of calling, and the time, place and manner of conducting all elections and the manner of givinfj notice thereof; the mode of voting in person or by proxy; the qualifications and duties of officers, the tenure of their office, the time and manner of their apj)ointment or election; their compensation; the place at which the princijial business of the district is to be transacted and the mode of changing the same; the mode of amending or repealing the by-laws and suitable penalties for the violation of the by-laws not to exceed in any one case two hundred dollars for any one offense. The by-laws may be repealed or amended, or new by-laws may be adopted by the assent of two-thirds of the total vote of the district given either in writing or by ballot cast at an election of the district. The by-laws in their original form, and any repeal thereof, or amend- ment or addition thereto, must, together with the approval of the board of supervisors and the resolution of the directors, or the written assent thereto or a memorandum of the returns of the election at which the assent was given, be certified by a majority of the directors and the secretary of the district and must be filed for rel?ord with the county recorder of each county in which any of the lalds contained in said district are located and by him recorded in a book Kept by him for the purpose of recording instruments and writings relating to said district. Until so recorded, no by-law, addition thereto, amendment or repeal thereof, can be enforced against any person not having actual notice of the same. Officers of district. Vacancies. Salaries. § 5. The officers of the district shall be a board of five directors, a secretary, and an assessor, all of whom shall, except as herein otherwise provided, be elected by ballot, except the secretary who shall be ap- pointed by the board of directors. No person shall be qualified to hold any of said offices, except that of secretary, unless he is a holder of title or evidence of title, including such aforesaid possessory rights, to lands contained in the district. Each appointee to office or officer-elect shall forfeit his office unless within ten days after he has notice of his election or appointment or before the expiration of ten days from the commencement of his term of office, when no such notice is given, he shall have filed for record with the county recorder of each county in which any of the lands contained in said district are located, a written acceptance of his office which shall be recorded in a book kept for the purpose of recording instruments and writings relating to the district. If any office shall become vacant by forfeiture, death, resignation, or from any other cause, the same shall be filled by appointment, — by the board of directors in case of vacancy in the office of secretarj-, and by the board of supervisors of the county in which the district was organ- ized in all other cases. Until such time as their salaries shall have been fixed by the adoption of by-laws, the officers of the district shall receive Act 4349a, §§6,7 GENERAL LAWS. 2312 the following compensation for their services: the secretary and assessor siK'li sum each as shall he fixed by the boari] of directors; and the directors five dollars each for each directorj;' meeting attended or for each day's service reno\ver to plan, construct, maintain and keep in repair the irrigation works necessary or proper to supply the lands con- tained therein with sufficient water for irrigation purposes; to acquire hv purchase, condemnation or other legal means all water, water rights, hinds, properties or rights in properties necessary or proper therefor; to lease or sell for a valuable consideration any property, or right in prop erty, belonging to the district and no longer necessary to its use and purpose; to take conveyances, contracts, leases or other assurances for propertv acquired by tiie district under the provisions of this act; to execute by its president and secretary all contracts, leases, conveyances and other documents uecetsary to carry out the duties and powers speci- 2313 WATER DISTRICTS. Act 4349a, § 8 fied heroin; to institute, maintain and defend in person, or by attorneys, all actions, proceedings or suits at law or in equity necessary or proper to carry out the provisions of this act, or to enforce, maintain, protect or preserve the riglits, privileges and immunities created by or acquired in pursuance thereof; to establish, print and distribute among the land owners of the district equitable rules and regulations for the distribu- tion of water; to enter, for the above purposes, either in person or by its agents or employees, in and upon any lands contained in the district; .to employ or fix the salary of such persons as may be necessary or proper to fully carry out the uses and purposes of the district; and to do any other lawful thing necessary or proper to carry out the provisions of this act or the uses and purposes for which the district is formed; pro- vided, however, that the board of directors shall not let, or enter into, a contract for the construction of irrigation works, nor shall said board of directors construct the same by employees of the district until an election has been called and held to determine whether or not bonds of the district shall be issued as provided in section 13 of this act, nor, in case bonds are voted, until eighty-five per cent of the total amount of said bond issue has been sold and the money received thereon, as provided in section 18 hereof. Annual estimate of funds needed. Assessment. Hearing of objections. Tax rate. Charge against each paxcel computed. Appeal from decision of supervisors. § 8. Between thirty and ninety days after the organization of the district, and between said dates annually thereafter, the board of directors must file with the clerk of the board of supervisors of the county in which said district was organized an estimate of the sum re- quired by the district to discharge the unpaid matured obligations thereof at that date and the obligations thereof that will mature or that it is probable will be incurred and mature during the two years next following, specifying that portion of said estimate which will be required for the payment of bonds and of the interest on bonds. Be- tween the date on which the district was organized and ninety da.ys thereafter, and between said dates in each succeeding year, the assessor must view the lands of the district and assess each parcel or tract of land contained therein at the cash value of the benefit derived by it from the construction and maintenance or proposed construction and maintenance of irrigation works and said assessor must, within said time, file with the clerk of said board of supervisors, an assessment- book, with appropriate headings, in which must be listed each parcel or tract of land within the district, specifying, — (1) the name, if known, (and, if unknown, stating that fact) of the holder of title or evidence of title, including such aforesaid possessory rights, thereto; (2) the description thereof by legal subdivisions, metes and bounds, or other boundaries sufficient to identify the same; and (3) the value assessed thereon. If the district is contained in more than one county, then the assessment-book shall be prepared with a separate part in a separate Act 4349a, § 8 GENERAL LAWS. 2314 volume for the lands of each county. Within sirtv days after the said estimate and the said assessment list shall have been filod as above pro- vided, the said board of supervisors, acting as a board of equalization, shall meet and hear any verified, written objections, stating the ground therefor, to the assessment as made, which objections shall, prior to the hearing, be filed with the clerk of said board. Prior to the hearing, and during the office hours of said board of supervisors, the assessment list shall be open to public inspection. At the hearing, which must be continued from time to time until completed, the said board of super- visors shall hear the evidence offered in support of the objections pre- sented and shall add to or deduct from the valuation assessed to any tract or parcel of land such per centum thereof as shall be sufficient to raise it or reduce it to the full ca.'sh value of the benefit deri\ed by said tract or parcel of land from the construction or maintt-nauce or proposed construction and maintenance of irrigation works and shall fix the value of any lands contained in said district that shall not have been so assessed. Thereupon, and before said hearing is closed, the assessor shall have the total valuation of all the lands assessed extended into columns, ailded and a statement thereof made. When said statement is completed, the board of supervisors must fix such ad valorem rate of taxation upon each hundred dollars in value of the lands so assessed as will raise the sum specified in said estimate. Any charges in or additions to said list shall be entered in said assessment-book in the projier place therefor and the order therefor shall be indorsed on the margin of the entry and signed by the ['resident and attested by the secretary of said boarl of supervisors. The order of the board of supervisors apj>roving the assessment, the statement of the assessor showing the total valuation of the property assessed, the order fixing the rate of taxation thereon, and the estimate of the sum required by the board of directors of the district for the expense thereof during the two years next following shall be signed by the president and at- tested by the secretary of the district and shall be attached to the assessment-book on the last volume thereof, unless the lands of the district are contained in more th.Tn one county, in which case a copy thereof shall be signed and attached in a similar manner to each sepa rate part of the assessment-book. Within ten ilays after the hearing is coniplctod, the assessor shall compute and ch:irge in the assessment- book in a place provided therefor in the record of each parcel or tract of land assessed the amount of the tax due thereon and shall file each said separate part of the assessment-book with the county tax collector of the county in which the lands therein assesse.l are located and there- after the charges therein taxed shall be due and payable to the county tax collector of the county in which the lands on which they are taxed are situated. The various orders of the board of supervisors made at the hearing shall be final and when inilorsed on or attached to the assessment-book shall be couclusive evidence that the assessment was made and the tax levied in accordance with the law; provided, how- 2315 WATER DISTRICTS. Act 4349a, §§ 9, 10 ever, that any person interested in lands of the district and agfjricved by the decision ot the board of supervisors may, in order to have said assessment, or the tax levied thereon, corrected, modified, or annulled, in- stitute an action therefor in the superior court of the county in which said district was organized. No action to determine the validity in any respect of any such assessment, or tax levied thereon, shall be maintained unless the same shall have been commenced within thirty days after the assessment-book, or each separate part thereof, is filed with said county tax collector as above provided, and no objection to the assessment shall be considered by said board of supervisors or .allowed in any otlier action, or proceeding, unless such objection shall have been made in writing, verified and presented to the clerk of the board of supervisors in the manner herein required. Assessment lien on property. § 9. From and after the filing of the assessment-bonk, or separate part thereof, with said county tax collector, as provided in section 8 of this act, the charges therein taxed upon any tract or parcel of land within the county for which he is the tax collector and any penalties added thereto as hereafter provided shall constitute a lien thereon and shall impart notice thereof to all persons. Delinquency notice. Publication. § 10. Within ten days after each tax shall have become due and payable, the assessor shall publish in some newspaper of general cir- culation published in the county in which the district was organized, a notice stating that the same became due and payable on (inserting date) to the county tax collector of the county in which the lands on which the charge therefor is a lien are located and that unless paid within six calendar months from said date the same will become delin- quent, an additional charge of ten per cent thereof added thereto and the delinquent property sold at public auction. The tax must be paid in United States gold coin and the tax collector must mark the date of payment in the assessment-book opposite the name of the person paying, and must give to such person a receipt, specifying the property taxed, the amount of the charge thereon and the amount paid, and there- after must pay the moneys so received to the county treasurer of said county, who must pay the same to the county treasurer of the county in which said district was organized, and he shall place the same to the credit of the district. As soon as possible after the tax shall be- come delinquent the assessment-book and each separate part thereof shall be returned to the secretary of the district and the board of directors thereof shall publish once a week for three weeks in some newspaper of general circulation published in the county in which said district was organized a notice containing a description of the delin- quent property; the name, if known, and, if unknown, stating that fact, of the person to whom it is assessed; the amount of the taxes and Act 4349a, §11 GENERAL LAWS. 2316 penalties due thereon; and a statement that the delinquent property will be sold therefor in front of the courthouse of said county on a date im. e,ii Miite'i, wnicii unist be not less than twenty-one or more than twenty-eight days from the first publication, unless an error is made in the publication and discovered prior to the sale, in which case the notice shall be republished in the same manner, specifying the sale for a date not less than twenty-one or more than twenty-eight days from the first republication. Purchaser. Certificates of sale. Eedemption of property. Deed after one year. Sale by district purchasing. § 11. At the time and place stated in said notice or at such other time (written notice whereof has been posted at the place of sale) to which the board of directors may have postponed it, not exceeding thirty days in all from the original date of sale, that person is the purchaser who will immediately pay in gold coin of the United States the delin- quent tax and the penalty thereon for the smallest portion of the delin quent projierty, or in case an undivided interest is taxed, then the smallest portion of the interest. In case there is no purchaser in good faith for the same the whole amount of the delinquent property shall, for the amount of the tax and penalty thereon, be struck off to the district as the purchaser. A certificate of sale shall be executed in duplicate by the board of directors, one of which shall be delivered to the purchaser or to the district, if the property shall have been struck off to the district, and the other of which shall be reconled in the office of the county recorder of the county in which the property sold is located. The certificate shall be ilated the day of the sale and shall specify — the descrijttion of the pro|>erty sold; the name, if known, and if not, stating that fact, of the i»erson to whom it was assessed; the fact that it was sold for the amount of the tax an«l penalty thereon, giving the amount and year of said tax; and the date on which the purchaser will be entitled to a deed. The recorder upon receiving the certificates of sale must, when he records the same, enter, in a book provided for that purpose and kept with the book provided for the purjiose of re- cording instruments and writings relating to the district, a description of the land sold, corresponding with the description in the certificate, the date of sale, the name of the purchaser, and the amount paid. The entries in said book shall be numbered consecutively on the margin thereof and a corresponding number shall be indorsed on the certificate. At the time of the sale the board of directors shall indorse in tha assessment-book opposite the description of Ihe property, the portion of the same sold for taxes and penalties, with the date of sale and name of purchaser, and shall thereafter jniy to the tax collector of the county in which the lands sold are located the amount received on the sale thereof and shall return said assessment-book, or any such separate l>art thereof, to the county tax collector from whom the same was re- ceived, who must keep and file the same for the use and benefit of the district. Any person interested in any property sold may redeem the 2317 WATER DISTRICTS. Act 4349a, § 12 same within one year from the date of sale by paying in gold coin of the United States to the county tax collector of tlie county in which the property is located, and in trust for the purchaser or his assignees, the amount for which the same was sold, together with interest thereon at the rate of two per cent per month from the date of sale, and the tax collector must give him a receipt tiierefor, specifying therein a description of the property redeemed, the name of the purchaser and the date of sale, and he shall credit the amount so paid to the purchaser and shall there after pay the same on demand to the purchaser or his assignee. The county recorder of the county in which is located the property redeemed shall, upon presentation of the tax collector's receipt for said amount, mark the word "redeemed," the date and by whom redeemed on both the record of the certificate of sale of said property and on the margin of xhe memorandum thereof made in the book kept for that purpose. If no redemption shall be made within said one year, the purchaser, or the district, if said property shall have been sold to the district, shall be entitled to a deed executed by the board of directors, and said deed shall contain all the recitals of the certificate, and when duly ac- knowledged shall be (except as against actual fraud) conclusive evidence of the regularity of all proceedings from the assessment to the execution of said deed, inclusive, and said deed will convey to the grantee the absolute title to the lands described therein, free of all encumbrances, except state, county, municipal or subsequent district taxes, and ex- cept when the land is owned by the United States or this state, in which case it is the prima facie evidence of the right of possession. All property sold for taxes to the district shall subsequently be assessed for district taxation as though it had never been sold, but it shall not again be sold for delinquent tax, as long as it is owned by the dis- trict. The title acquired by the district, in case it becomes the pur- chaser at a delinquent tax sale of the district, may, subject to the right of redemption herein provided, be sold at public auction or private sale, but such sale shall not be made for less than the reason- able market value of the property, or for less than the amount of the taxes levied thereon, plus any penalties that may have been added ' thereto. Additional tax in case of failure or error. § 12. If for any reason any tract or parcel of land contained within the district shall not have been charged with its portion of any tax levied, or if the tax levied on any tract or parcel of land shall be adjudged invalid by any court of competent jurisdiction, then such tract or parcel of land shall at the hearing in any subsequent tax levy be additionally taxed and charged by the board of supervisors of the county in which said district was organized in a sum which bears the same proportion to the total amount of said former tax as its then assessed valuation bears to the total amount of the assessed valuation placed on all the lands in the district at the time said former tax was levied. Act4349a, §§13, 14 GENERAL LAWS. 231S Plan of irrigation works. Special bond election. Notice. Ballots. § 13. The lioarfl of ilin*<'tayable or that it is probable will become due and pay- able before the expiration of two years from the date on which the next preceding tax of the district was le\ led, the board of directors may direct the treasurer of the county in which said district was organized to pay with said excess (specifying the amount thereof) such an amount of the sold bonds of the district as said excess sum of money will redeem at the lowest value at which they may be obtained for liquida- tion, in no case for more than the par value thereof. Comity treasurer to receive funds for district. Bond fund. General fund. Payments from fund. § 21. The county treasurer of the county in which the district was organized shall receive to the credit of the district and in trust for the uses and benefits thereof all the funds thereof, and all such funds or moneys belonging to the district, or to which the district is entitietl, shall, when received, except as herein otherwise provided, be paid by 2323 WATER DISTRICTS. Act 4349a, § 22 the persoTi so receiving them to the said treasurer. The said treasurer shall estaljlish for the district two funds, to wit, a bond fund and a general fund, and shall apportion the moneys of the district to said funds, as follows: to the bond fund, that portion of the moneys received from the collection of taxes or from the sale of proj)erty for delinquent taxes ■which bears the same proportion to the total amount so received from the collection of taxes or from the sale of property for delinquent taxes as that portion of the estimate of the board of directors (on which said tax was based) which is required for the payment of bonds and of the interest on bonds bears to the whole amount of said estimate; to the general fund, the balance of all moneys or funds so received. In case lands of the district, when sold for delinquent taxes, are struck off to the district as the purchaser, the tax collector of the county in which said lands are located shall, in making his accounting with the treasurer of said county, furnish a statement of the lands so sold to the district and of the amount for which the same were sold, and said treasurer shall deliver the same to the treasurer of the county in which said dis- trict was organized and said last-named treasurer shall thereupon esti- mate that portion of said amount belonging to the bond fund and shall charge the general fund with said portion and shall pay the same from the general fund into the bond fund. The moneys placed in the Viond fund shall be used for the payment of bonds and of the interest thereon, and, until the total bonded indebtedness of the district is discharged, shall not be used for any other purpose. The funds of the district shall not, except for the pajnuent of bonds and the interest thereon, be paid out by the treasurer of the county in which said district was organized, unless a warrant therefor shall have been drawn and executed by the board of directors and approved by the board of supervisors of said county. Such warrants are and shall be considered as contracts in writing for the payment of money, and the period prescribed for the commencement of an action based thereon, or connected therewith, is and shall be the term of four years from the date of their issuance. In any proceeding for a writ of mandate to compel the board of directors to issue a warrant, the court must determine the controversy in the man- ner provided for determining controversies in other civil actions, and shall cause a writ to issue foi- such sum as may be found to be due. Voters. § 22. Except as herein otherwise provided, every holder of t.itle or evidence of title (including the aforesaid possessory rights) to land con- tained in said district, and no other, shall be qualified and entitled to vote either in person or by proxy at any election held by said district. J^ach person entitled thereto shall have one vote for each dollar's worth of land, the title to which is held by him as above provided. The next I)receding assessment-book of said district shall, for the purposes of this section, be conclusive evidence of ownership and of the value of the property so owned. Act 4349a, § 23 general laws. 2324 Conduct of elections. Election oflacers. Contest of election. Proxies. § 23. ICxcpjit as herein other'.viso iiroviikJ, all cir'tions hel.l un.ler the [.rovisioiis of this act shall be ealled, hehl an>l conducted at the time, place and in the manner provided bv the by-laws of the district; pro-' vided, however, that no such elei-tion shall be valid unless the place at which the same is held is at the prinrovided by the board of director-; and one of the clerks of election shall deliver one of them to each person qualified to cast a vote or to his representative by proxy. The Aus tralian ballot shall be used and the clerk of the election board at the time of delivering the same to the voter, or his representative by proxy, shall mark thereon in a place provided for that purpose the name of th.- person casting the ballot and the number of votes which he is entitli i to cast. The person casting the ballot shall stamp a cross with a ru!' ber stamp, to be provided by the board of directors, in the square behin i the name of each candidate or proposition he wishes to vote for. Thi election board shall retain and file with the returns of the election all proxies presented at said election. A list of the ballots cast shall be made by the board of election, containing the name of the voter and, if the ballot be cast by proxy or by the legal representative of the voter, the name of the person casting it; the number of votes cast; and how the person voted on the different matters presented at the election. At the close of the polls the board of election shall at once proceed to canvass the votes and declare the result, and shall forward a certificate, showing the same aud the number of votes cast for or against each can- 2325 WATER DISTRICTS. Act 4349a, §§ 24, 25 didate or proposition nnd shall forward said certificate, together with all ballots used and all documents and papers used at such election, to the clerk of the board of supervisors of the county in which the district was organized, and a duplicate copy thereof to the secretary of the district. A copy of said certificate, certified by said clerk of the board of supervisors, shall be by him filed for record with the county recorder of each county in which any of the lands contained in said district are located, and by him recorded in a book kept by him for the purpose of recording instruments and writings relating to said district. Any person interested may contest such election, within twenty days after the result thereof has been declared, by filing a complaint in the superior court of the county where such election was held, and if no contest shall be commenced within said time, the declaration of the result by the board of election shall be final and conclusive. No proxy shall be valid and no proxy shall be accepted or vote allowed thereon at any election held under the provisions of this act unless the same be executed in writing by the person or corporation who, according to the next preced- ing assessment-book of the district, is entitled to the votes for which the proxy is given. The said proxy shall be acknowledged before some person authorized to take certified acknowledgments of conveyances of real property and shall specify the election for which it is given and shall only be used at such election. Every proxy shall be revocable at the pleasure of the person executing it. Rights may be exercised by legal representative. § 2-1. The rights, privileges and immunities created by this act in favor of anj^ holder of title or evidence of title, including such afore- said possessory rights, to lands contained in the district may for his benefit and on his behalf be exercised by, and are hereby extended to, his legal representative in all cases where said legal representative is an official of a corporation owning land within the district or is a gxiardian, executor or administrator of an estate who is appointed as such under the laws of this state and who as such is entitled to the possession of lands included within said water district belonging to the estate which he represents and who has been by the court duly authorized to exercise the particular Tight, privilege or immunity which he seeks to exercise; provided, however, that he must, before he casts a ballot at any election of the district, present the board of election or some clerk thereof with a certified copy of his authority, which must be kept and filed with the returns of the election. Use of water for district declared public use. § 25. The use of all water required for the irrigation of the lands of any district formed under the provisions of this act, and for domestic, and other incidental and other beneficial uses, within such district, to- gether with the rights of way for canals and ditches, sites for reservoirs and all other property required in fully carrying out the provisions of Act 4349a, §§26-29 general laws. 2326 this act, is hereby declared to be a public use, subject to the regulatiou and control of the state in the manner prescribed by law. Power to construct works across streets, etc. Right of way through state lands. § 26. The board of directors shall have power to construct the irrign- tion works across any stream of water, watercourse, street, avenue, hiyh way, railway, canal, ditch, or flume which the route of a canal or can.i!- of said works may intersect or cross, in such manner as to afford securi; for life and property; but said board .shall restore the same, when >»> crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; an ; every comiiany whose railroad shall be intersected or crossed by sai 1 works shall unite witli said board in forming said intersections and cross ings and shall grant the privileges aforesaid; and if such railroad coi>. pany and said board or the owners and controllers of said propert n . thing or franchise so to be crossed, cannot agree upon the amount to In' paid therefor, or the points or the matter of said crossings or interse tions, the same shall be ascertained and determined in all respects as is herein provided in respect to the taking of land. A right of way is hereby given, dedicated, and set apart to locate, construct, and maintain said works over and through any of the lands which are now or may be the property of this state; ami also there is given, dedicated, and set apart for the uses and purposes aforesaid, all waters and water rights belonging to this state within the district. The rights of way, ditches. flumes, pipe lines, dams, water rights, reservoirs and other property of like character belonging to any district organized under this act shall not be taxed for state and county or municipal purposes. Condemnation proceedings. § 27. In case of condemnation proceedings, the board of directors shall jirocecd in the name of the district under the provisions of title 7, part 3 of the Code of Civil Procedure. Officers not to be interested in contracts. § 128. No oflicer of tlie distrit shall in any manner be interested, directlv or indirectly, in any contract awarded or to be awarded, or in the profits to be derived therefrom; and for any violation of thi.s pro- vision such officer shall be deemed guilty of a misdemeanor and such conviction shall work a forfeiture of his office, and he shall be punished bv a fine not cxceeiling five hundred dollars, or by imprisonment in the countv jail not exceeding six months, or by both such fine and imprison- ment. Apportionment of waters. Penalty. § 29. It is hereby expressly provided that all waters distributed for irrigation purposes shall be apjiortioned ratably to each land owner upon the basis of the ratio which the last assessment of such owner for dis- 2327 WATER DISTRICTS. Act 4349a, §§ 30, 31 trict purposes within said district bears to the whole acreage assessed upon the district. When the equitable rules and regulations for the distribution of water have been jirovided by the board of directors and published once a week for two weeks in some newspaper of general circulation published in each county in which any of the lands contained in said district are located, any violation thereof shall be and is hereby declared to be a misdemeanor, and the ])erson committing the same shall, upon conviction thereof, be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars. No fees for services of county officers. § 30. No supervisor, recorder, tax collector, treasurer, auditor or clerk of any county shall receive any fee for any service required to be performed by him under the provisions of this act; provided, however, that the tax collector of each county in which SlUv of the lands con- tained in the district are located, during the time for the collection of the taxes of the district, may require the board of directors to provide and pay for a deputy tax collector whose duty it shall be to care for the matters relating to the collection of the said taxes of the district. In case of division of a county excluding lands of district. § 31. If at any time after the organization of any district here- under, the boundaries of the county in which the same was organized shall be so changed or modified as to exclude therefrom all of the lands contained in said district, then in that event the records and docu- ments of said district in the possession and care of the board of super- visors of said county, together with a certified copy of the proceedings had by the district under the jurisdiction of said board of supervisors, shall be transferred and filed with the clerk of the board of supervisors of the county in which the greater portion of the lands contained in said distrfct are located. All proceedings, petitions, orders or other docu- ments which have been filed with the recorder of the county in which said district was organized, and which, or a certified copy thereof, have not been recorded in the county to which said district is transferred, shall be certified to by said county recorder and filed for record with the county recorder of the county to which said district has been trans- ferred, and bj' him recorded in a book kept by him for the purpose of recording instruments and writings relating to said district. The treas- urer and the auditor of the county in which said district was organized shall draw their warrant upon said treasurer for all of the funds of such district in the treasury of said county and the said treasurer shall pay such warrant and said funds, together with all unsold bonds of the district and the bond record kept by him, shall be transferred by him to the treasurer of the county to which the district has been so trans- ferred. From and after the transfer in the manner above specified the board of supervisors of the county to which the district is transferred shall have and exercise all of the jurisdiction, power and authority ovei» said district as was theretofore exercised by the board of supervisors Act 4349a, § 32 GENERAL LAWS. 2328 of the county wherein such district was originally formed and there- after any act or duty which is herein required to be done by the boarl of supervisors or any oflBcer of the county in which said district was organized shall be performed by the corresponding board of supervisor^ or other official of the county to which said district has been transferreower, otherwise than jirovided in this act, to be a misdemeanor and providing a penalty therefor, and also providing penalties for other violations of this act ; repealing all acts and parts of acts in conflict with this act. [Approved April 8, 1911. Stats. 3911, p. 813.] Repeuled January 2, 1912 (Stats. £x. Stt&s. 1911, p. 164). See Act 43G6c, post. ACT 4351. An ait to preserve and maintain the lakes, ponds, brooks, creeks, rivers, and streams of this state, and to prevent the waters thereof from being carried by pipes, conduit?, ditches, tunnels or canals into other states, for use therein. [Approved March 3, 1911. Stats. 1011, p. 271.] Piping water from this to another state. § 1. It shall be luiiawt'iij lOr any person, firm, association or corpora- tion to transjiort or carry through pipes, conduits, ditches, tunnels or canals, the waters of any freshwater lake, pond, brook, creek, river or stream of this state into any other state, for use therein. Duty of governor. § 2. It shall be the duty of the governor to keep a general oversight o\cr the fresh-water lakes, ponds, brooks, creeks, rivers and streams oi this state and to see that the same are preserved for the use and beneli! of the citizens and inhabitants of this state and to prevent the water- thereof from being carried or transported by pipes, conduits, ditchc>, tunnels or canals into other states for use therein; when it is brought to the attention of the governor that it is the intention of any per.>*un. firm, association or corjioration to so carry or transport into any other state for use therein, the waters of any such freshwater lake. ponl. brook, creek, river or striam of this state, it shall be his duty, through the attorney general of the state to bring such action in the name of thr people of the state in the courts of tliis state or of the United State> as may be necessar\- to prevent such carrying away or transporting ol such waters into another state. § 3. This act shall take effect immediately. ACT 4355. Citations. Cal. 159/59C, ACT 4368. Citations. App. 13/734. 2331 WATERS. Act 4368a, §§1-3 ACT 4368a. An act to provide for the investigation of the practicability of the con struction of canals and the canalization of rivers, their tributaries, and other waterways in California in aid of commerce; to define the duties of the department of engineering and of the governor, in rela- tion thereto, and to make an appropriation to defray the cost of such investigation. [Approved May 1, 1911. vStats. 1911, p. 1445.] Department of engineering to investigate practicability of canals along Sacramento and San Joaquin rivers. Subjects embraced. § 1. The department of engineering is hereby authorized and directed to investigate the practicability of the construction of canals, with dams, locks and other structures required for their operation, in, along, or adja- cent to, the Sacramento and San Joaquin rivers, their tributaries, and other waterways, and of the canalization thereof, where necessary, and also of the construction of such canals, with dams, locks and other structures required for their operation, inland in the Sacramento, San .Joaquin and Santa Clara valleys, with the view of determining the utility thereof in aid of commerce and navigation. Such investigation to be made as complete as possible and to embrace all of said rivers, their tributaries, and other waterways and all of said valleys, wherever therein, canal navigation can be maintained. The investigation shall also em- brace the following subjects: 1. Water supply and sources thereof; 2. Duration of period during year when water would be available for canal navigation and other purposes; 3. Quantity of water obtainable by storage; 4. Feasibility of use of electrical energy for propulsion of boats in canal navigation and other purposes; 5. Probable depth obtainable for canals in the various rivers, water- ways and sections to be investigated, and the cargo capacity of boats suitable for different portions of such canals. Report. § 2. The said department shall complete such investigation as soon as practicable, consistent with eflBciency and accuracy. Its report and recommendations shall be prepared in duplicate and one copy thereof transmitted to the governor on or before December 1, 1912, whereupon the governor shall submit the same with his recommendations thereon, to the legislature on or before January 10, 1913. May confer with United States engineers. Construction of canals. § 3. The said department, when thereto directed by the advisory board thereof, may confer with the board of officers of the engineer corps. United States army, stationed at San Francisco, California, the California debris commission, and the official representatives and engineers of reclamation and drainage districts, concerning the investigation contem- plated by this act. When appropriations are available therefor, the de- Act 4368b, §§1-3 GENERAL LAWS. 2332 partment of engineering, when thereto directed bv said advisory board, shall proceed to construct canals and other works in connection therewith, in the manner and at the place, or places, specified by law. Appropriation. § 4. Tlifre is hereby appropriated the sum of two thousand five hun- dred dollars out of any moneys in the state treasury not otherwise appro priated, for the purpose of carrying into effect the provisions of this act. to" be ex[)endpd under the supervision of said department of engineerinir. Controller to draw warrant. § 5. The controller of state is hereby directed to draw his warrant for the amount herein appropriateer application is fib d in the office of the water commission within tliirty days of the date of said return to the apidicant. It shall be the duty of the water commission within six months to enter an order directing the rejection of such ap- plication if after further hearing the public interests shall seem to the water commission so to demand. Applications may be approved for a less amount of water or the use of water than that applied for, if there exist substantial reasons therefor, but in any event shall not be ap- proved for more water or the use of water than can be applied to the use for which apjilication is made under an efficient and economical use thereof. Indorsement of application. Duties and rights of applicant in case of approval. § 9. The apjiroval or rejection of an application shall be indorsed thereon and a record made of such indorsement in the office of the water 2337 WATERS. Act 4368c, §§10-12 commission. One copy of the application so indorsed shall be returned immediately to the applicant in person or by registered mail. If said application be approved, the applicant shall immediately record said ap- jiroved application, together with the indorsement thereon, in the office of the recorder of the county, or city and county, in which the proposed works are to be constructed, and shall be authorized on receipt of said approval and on recording the same, to proceed with the construction of the necessary works, and to take all steps required to apply the water or the use of the water to the purpose of generating electricity or electrical or other power, as provided in the approved application, and to jirrfect the projiosed appropriation; provideil, however, that no right in II r to such water or the use thereof shall vest in or accrue to the said ipplicant until the final permit is issued as is hereinafter provided. Approval of application may be revoked for failure to do work. Ex- tension of time. § 10. Actual construction work shall begin within six months from fhe date of the approval of the application, and the construction of the work shall thereafter be prosecuted with reasonable diligence in propor- tion to the magnitude of the undertaking, and if such work is not so com- menced and prosecuted, the water commission may revoke its approval of the application; and such work shall be completed within a reason- able time as fixed in the permit not to exceed five years from the date of such approval. Upon application of the proposed appropriator the water commission may for good cause shown extend the time within which such work shall be completed under any permit, but no such ex- tension shall be for a longer period than one year, beyond the period fixed in the permit. Examination upon completion of works. § 11. Upon the completion of the works for the diversion and appli- cation of water or the use of water under this act, the holder of such permit, or his assigns, shall report such completion to the water com- mission, and the water commission without delay shall cause to be made a full inspection and examination of the works constructed and a report upon their construction and condition, and whether or not they conform to the terms of the application and permit and are adequate for the purposes intended. Final permit. License. § 12. Upon the receipt of such report, the commission shall, if the law has been fully complied with, and if the work shall have been com- pleted in accordance with the application, issue a license to the appli- cant or his assigns, allowing him or them to divert and use said water, or so much thereof as may be necessary, for the use proposed, for a certain period of time therein specified, but in no case for more than forty years. Licenses granted upon application made under this act 147 Act4368c,§§ 13-17 general laws. 2338 for water or the use of water shall be numbered consecutively as to each stream or other source in the order as to the dates when such ap- plications are filed. Contents of license. § 13. Said license shall set forth the name of the licensee, his place of residence, and if a corporation or firm or association the date of its organization and its principal place of business, the stream or source from which the water is to be diverted or used, the quantity of water the licensee is authorized to divert from the stream or source, the poirt or points on said stream or source at which said water is to be diverts.; or used, the location of the proposed works, the period of time for which the water may be used, which in no case shall be for more than forty years, by what means, and the purposes for which the licensee is authorized to use the same. Bights of licensee. § li. Any license issued as above provided for water or the use of water approj>riated under this act shall vest in the licensee the right t" the use of the amount of water mentioned therein for the period nf time therein set forth, in the manner and for the purj)oses therein men tioned and not otherwise; provided, that smh lii-ense shall not impair or affect any rights to water or the use of water which shall have becoiin' vested prior to the making of the application above provided for. Renewal of license. § 15. Any appro]>riator of water or the use of water under the pm visions of this act for the purpose of generating electricity or electri- al or other power, or the successor or assigns of said appropriator, if a renewal or extension of the license herein provided for is ilesired, shall, not less than one or more than two years prior to the termination of the license granted as herein provided, notify the water commission that a renewal and extension of such licenst- is desired. The water com- mission shall thereupon issue to said appropriator a renewal and ex- tension of said license for a fixeil period, but in no case for more than a period of fortj' years from the date of such renewal in compliance with such laws of the state as shall then be in force regulating the re- newal, issuing and granting of any license for water or the use of water for generating electricity or electrical or other power. Excess capacity of works. § 16. No license for the appropriation of water or the use of water as herein provided shall be valid as to any excess of the capacity of the works actually constructed. Use of surplus water. § 17. The water commission may, upon application made therefor in the manner provided in this act and upon like procedure, grant to any person, firm, association or corporation a license to divert and store for 2339 WATERS. Act 4368c, §§18-21 the purpose of peneratinjy electricity or electrical or other power the surplus waters of any stream during floods or high water, or during those portions of the year when such water is not required or being stored for irrigation purposes, and for the purpose of this act all water which is not used during the season of flood or high water is declared to be surplus water. Bight of state to fix fees and charges to appropriators. § 18. All appropriation of water or the use of water for generating electricity or electrical or other power heretofore or hereafter made shall be subject to the right of the state to impose the fees and charges herein provided, and shall also be subject to the right of the state to increase or decrease such fees and charges from time to time thereafter. Fee for applicants. Fee and charge for licensees. Disposition of fees collected. § 19. Every person, firm, association or corporation making applica tion for permission to appropriate water or the use of water under this act shall, at the time of filing the said application, pay to said water commission a fee of ten dollars. Every person, firm, association or cor- poration at the time of receiving a license to appropriate water or the use of water, as provided in this act, shall pay to said commission a fee of one hundred dollars, and shall also pay to said commission when the said license is issued, and, in addition thereto and annually thereafter, shall pay to said commission a charge for each theoretical horse-power of the works estimated as follows: For the first one hundred (100) horse- power there shall be no charge; and for all above one hundred (100) horsepower ten (10) cents for each horse-power. All fees collected shall be accounted for at the following regular meeting of the water com- mission and paid by said commission into the general fund of the state treasury within thirty days thereafter. Water commission, how constituted and term of members. Compensation. § 20. For the purpose of carrying out the provisions of this act. a commission, to consist of five persons, is hereby created and established to be known as the state water commission. Three members of said commission shall be appointed by the governor for a term of four years; provided, that the members first appointed shall be appointed so that one of them shall go out of office at the end of one year, one at the end of two years, and one at the end of three years. The governor and the state engineer are liereby made ex-officio members of said commission in addition to the three members appointed by the governor. The ap- pointed members of said commission shall receive as compensation for services rendered by them, as such members, the sum of ten (16) dollars per day for each day's service actually rendered. General powers and duties. § 21. The water commission is hereby authorized and empowered to do and perform the acts and things required of it by this act and to Act 4368c, §§22-26 GENERAL LAWS. 2340 adopt rules and regulations necessary to carry out the provisions of this act, and it shall be the duty of the commission to provide for the public hearing upon the merits of all applications filed with the commission and to prescribe the rules of procedure to be observed at such hearings. Authority to administer oaths and issue process. § 22. E\cry m_C'm])pr of said water commission is hereby authorized to administer oaths and to cause the production of persons, papers, rec- ords and books in all matters of business transacted before said com- mission. Record of commission. § 23. A full and accurate record of the business transacted or arts performed by any member of the water commission, and the proceed- ings of the meetings of said commission, shall be kept and shall be placed on file in the office of said water commission. Power to employ assistants. Eeappropriation. § 24. Said commission is hereby granted power tn employ such per- sons and to engage such assistants, clerical, professional and other, as it may see fit, and at such salaries or compensation a? the commis- sion may determine. And for the purpose of carrying out the provisions of this act so much of the sum appropriated by chajiter 406 of the laws of 1911, approved April 8, 1911, entitled "An act regulating and limit- ing the appropriation of water for generating electricity," etc., as may not have been expended is hereby reappropriated, and the state con- troller is hereby authorized and directed to draw his warrants from time to time on the requisition of the state water commission approved by the state board of control, and the state treasurer is hereby authorized and directed to pay such warrants. Payment of salaries and expenses. § 25. All indebtedness incurred for salaries, and all necessary costs and traveling and other expenses of said commission, and each of its members and persons employed by it, while actually engaged in the busi- ness of said commission, shall be paid by the state out of the funds hereby appropriated upon a sworn statement of the person or persons incurring such indebtedness and upon the approval of the water commis- sion and the state board of control upon warrants drawn upon the state treasurer as provided by law for the payment of similar costs and ex- penses and the drawing of similar warrants. 2341 WATERS. Act 4368e, §§27-29 commission the condition of their ])lants and distributing systems, the number of kilowatt iiours of electricity or electrical or other power generated during each month of said year, the number of kilowatt hours of electricity or electrical or other power rented, sold or distributed during each month of said year, and the names of the persons, firms, associations or corporations to whom said power has been rented, sold or distributed. Of8.ce of commission, location. § 27. The water commission shall maintain its office at Sacramento, California. The superintendent of capitol building and grounds shall furnish and set aside in the capitol rooms suitable for offices for said ■water commission, and if the superintendent of capitol building and grounds shall make and file an affidavit with the said commission that it is not possible for him as such superintendent of capitol building and grounds to provide offices for said commission in the capitol, then the said commission may rent rooms suitable for offices in the city of Sacra- mento, and said rental shall be deemed a necessary expense of said com- mission. Combinations in restraint of trade forbidden. Forfeiture of rights. § 28. No person, firm, association or corporation appropriating water or the use of water hereunder shall enter into any agreement, com- bination or trust in restraint uf trade contrary to law, and if any of the works owned or operated by any licensee under this act or his assign or assigns shall be owned, leased, trusteed, possessed or controlled by any device, permanently, temporarily, directly or indirectly, tacitly, or in any manner whatsoever, so that it or they form a part of or in any way efi'ect any combination, or if it or they are in anywise controlled by any combination or conspiracy to limit the output of electricity or electrical or other power, or to increase the price at which electricity or electrical or other power is sold, rented or distributed, or to prevent the lowering of said price or in restraint of trade with foreign nations, or between two or more states or territories or with any state or territory, in the generation, sale, distribution of electricity or electrical or other power, all rights to the appropriation of water or the use of water shall cease and be forfeited to the people of the state by proceedings in- stituted in the courts for that purpose by the attorney general of the state either upon his own initiative or upon demand of the water com- mission. Penalty for violations of this act § 29. Any violation of the provisions of this act, or of any order or regulation of the water commission, is hereby declared to be a mis- demeanor, and shall be punished by a fine not exceeding five thousand (5,000) dollars or by imprisonment in the county jail not exceeding one (1) year, or by both such fine and imprisonment. It shall be the duty of the water commission to enforce the provisions of this act, and to Act 4368c, §§30,31 GENERAL, LAWS. 2342 prosecute violations tliereof by proceeding in a conrt of competent juris- diction against any person, firm, association or corporation violating any such provisions, or failing or refusing to comply with any regulatifm or requirement of the water commission made pursuant to the provisions of this act. Application of act to municipal corporations, irrigation districts, and lighting districts. § 30. Xone of the provisions of this act shall apply to municipal corporations, other than irrigation districts or lighting districts, nor to the use by any irrigation district of water for the generation of electri- city, electrical or other power only for use and ilistribution within its own limits, and as subsidiary to and mainly for the purpose of serving and carrying out irrigation, nor to the hsc by any lighting district of water for the generation of electricity, electrical or other power only for use and distribution within its own limits; provided, however, that all municii)al corporations, other than irrigation districts and lighting districts, desiring to approjniate wa.ter for the generation of electricity, electrical or other power, and all irrigation districts and lighting dis- tricts desiring to apiiropriate water for the generation of electricity, electrical or other power, and all irrigation districts and lighting dis- tricts desiring to appropriate water for the generation of electricity, elec- trical or other power, for the uses hereinabove in this section specified shall within ten days from the time that they post and record notices of appropriation, as required by law, file with the water commission a notice of said ap]>ropriation together with the name and postoffice adilress of the appropriator. the source of the water to be appropriated or used, the nature and amount of the proposed use, the head of an[d] amount of water proposed to be utilized, the uses to which the water and jiower are to be applied, the nature, location, character, estimated capacity and estimated cost of the works and whether the water is to be and will be returned to the stream or source from which it is to be taken and, if so, at what point on said stream or source. If the appropriation con- templates the construction of a reservoir for the purpose of storing water to be used for the generation of electricity or electrical or other power, the notices filed with the commission shall also give the estimated height of the dam and the estimated capacity of the reservoir in addition to the other reciuiremoiits above set forth. Liability of persons participating in violations of this act § 31. Whenever in this act the performance or doing of certain acts or things by any firm, association or corporation is made a misdemeanor, and a penalty provided therefor, the person, officer, member, manager, agent, director or employee of any such firm, association or corporation who bv vote, act, authorization, direction, order or request shall have caused such act or thing to be done is likewise and in the same manner guiltv of a misdemeanor, and shall be punished likewise and in the same manner as the person actually performing or doing the act or thing. 2343 WATERS. Act 4368c, §§ 32, 33 Repeal of other acts. § 32. An act entitled "An ac4; regulating and limiting the appropria- tion of water for generating electricity or electrical or other power; fixing the terms and conditions and providing the manner and procedure upon which water for generating electricity or electrical or other power may be appropriated and providing for the renewal of licenses granted hereunder; providing for the issuing of licenses for the use of water for generating electricity or electrical or other power and limiting rights under such licenses; prohibiting the appropriation of water or the use of water for generating electricity or electrical or other power for a longer period than twenty-five years; limiting the right to the use of water appropriated for generating electricity or electrical or other power to the specific purposes for which it is appropriated; declaring certain water to be unappropriated; j)roviding for the granting of licenses to divert and store surplus and flood waters for generating elec- tricity, or electrical or other power and declaring what is surplus water; reserving to the state the right to regulate and fix the rates of com- pensation for which electricity or electrical or other power generated by water appropriated may be sold, rented or distributed; reserving to the state the right to impose charges for the use of water appropriated for electricity or electrical or other power and fixing fees and charges; preventing the combination or formation of any unlawful trust by ap- propriators of water or the use of water for generating electricity or electrical or other power and providing a penalty therefor; creating and establishing a state board of control; providing the powers and duties of said board of control and fixing their compensation; compelling persons, firms, associations and corporations supplying electricity or electrical or other power generated by the use of appropriated water to keep their plants and systems in repair and requiring an annual report from them to said board of control; providing for the appointment and compensation of employees and assistants to said board of control; limiting the ex- penses of said board of control and providing for the payment thereof; fixing the place of business of said board of control; declaring the diversion or use of water for generating electricity, or electrical or other power, otherwise than provided in this act, to be a misdemeanor and providing a penalty therefor, and also providing penalties for other violations of this act; repealing all acts and parts of acts in conflict with this act," approved April 8, 1911, and all acts or parts of acts in con- flict herewith are hereby repealed. § 33. This act shall take effect ninety days after the final adjourn- ment of this session of the legislature. Acts 4369a, 4384 GENERAL LAWS. 2344 TITLE 558. WATERING BESORTS. ACT 4369a. An act to regulate the keeping of bathing places and swimming resorts on rivers and streams. [Approved April 6, 1911. Stats. 1911, p. 685.] Keepers of public bathing resorts to provide for safety of bathers. § 1. It shall ]j(? unlawful for any person, firm or t;or]iorat ion to main tain any public Vjatliing or swimming jilace or resort on the rivers ai, 1 streams of this state unless they shall carefully sound the depths vf water and locate the eddies and pools and determine the presence an 1 nature of dangerous currents or sunken logs, rocks or obstructions in su' " streams or rivers. Signs indicating in plain letters the depth of water the location of pools or eddies, and the presence and direction of currents of water shall be placed and maintained in the streams and rivers during the season when bathing and swimming is permitted or invited in said streams or rivers. Safety ropes shall he stretched wherever neces- sary to show the line of eddies, pools, sunken obstructions and other hid- den dangers to bathers in such streams and rivers. Any violation of this act shall be a misdemeanor. TITLE 561. WEIGHTS AND MEASURES. ACT 4384. An act to establish a standard of weights and measures in the state of California; to regulate weights and measures and weighing and measuring instruments and devices and providing for the inspection and sealing thereof; to prevent the use and sale of false weights and measures and weighing and measuring instruments and devices; to prevent the sale of goods, wares and merchandise by false weights or measure; authorizing counties, incorporated cities, incorporated towns, and incorporated cities and counties of the state of California to appoint sealers of weights and measures and to define the powers and duties of such scalers; to provide jienalties for violation of the provisions of this act relating to the foregoing and for the admis- sion in eviilence of copies of the state's standard of weights and measures furnished under the provisions of this act. [Approved March 18, 1911. Stats. 1911. p. 383.] See in connection with this act the Weights and Measures Act of 1913. See post. Act 4385. United States standards adopted. § 1. The statidiird of wci^lits and measures received from the United States under a resolution of congress approved June 14, 1836. and snob new weights and measures as shall be received from the United States 2'.U5 WEIGHTS AND MEASURES. Act 4384, §§ 2-5 as standard weights and measures in addition thereto or renewal thereof, .Mul such as shall be procured by the state in conformity therewith and (■(Mtified by the national bureau of standards, shall be the state standards, by which all county and municipal standards of weights and measures sliall be tried, proved and sealed. Kept by secretary of state, § 2. The weights and measures referred to in section 1 of this act shall be kept by the secretary of state in a safe and suitable place in his office, from which they shall not bo removed except for repairs or for certification. He shall maintain said standards of the state in good order and shall submit them at least once in ten years to the national bureau of standards for certification. Copies for counties, etc. § 3. The secretary of state, upon request of any county, incorporated city, or incorporated town, or incorporated city and county shall furnish to said county, incorporated, city, incorporated town or incorporated city nnd county copies of the standard weights and measures of this state. All such copies furnished under the provisions of this act shall first be tried and aeeui'ately proved by the secretary of state and shall be sealed and certified to by the secretary of state and stamped with the letter "C." Such copies shall be furnished at the expense of the county, incor- porated city, incorporated town or incorporated city and county roqtiiring the same. Copies furnished under the provisions of this section need not be of the same material or construction as the standards of the state, but such copies may be furnished in any suitable materials or construction that the secretary of state may specify. Sealers of \. 'eights. § 4 The respective counties, incorporated cities, incorporated towns and incorporated cities and counties of the state are hereby authorized to appoint sealers of weights and measures. Jurisdiction of sealers. Compensation. Additional duties, § 5. The jurisdiction of the sealers of weights and measures of the various counties of the state shall extend over the entire territorial limits of the counties appointing such officers, except in the incorporated cities and incorporated towns that have appointed or may appoint sealers of weights and measures under the provisions of this act. The jurisdiction of the sealers of weights and measures appointed by the various incor- porated cities, incorporated towns and incorporated cities and counties under the provisions of this act, shall extend over the entire territorial limits of the incorporated city or incorporated town or incorporated city and county appointing such oflScer. Any county, incorporated city, incorporated town or incorporated city and county appointing a sealer of weights and measures under the provi sions of this act shall fix the compensation of such officer and may provide deputies for such officer and fix their compensation. Act 4384, §§ 6-9 GENERAL LAWS, 2346 Any county, incorporated city, incorporated town or incorporated city ana count.v ajjpoiutiiig sealers of weights and measures under the provi- sions of this act may also prescribe duties to be performed by such officer in addition to the duties prescribed by this act, but no additional duties can be prescribed which are in conflict with the provisions of this act. Sealers have charge of weights. Biennial test of weights. § 6. The various sealers of weights and measures appointed under the provisions of this act shall have charge of and take possession of the copies of the standards of weights and measures of the state procurrl from the secretary of state in accordance with the provisions of secti' :. 3 of this act. The sealers of weights and measures shall, every two years, cause t ■ be proved and tested by the secretary of state, and it shall be the duty of the secretary of state to so prove and test, copies of the stan th>' same in a safe and suitable place when not actually in use. Testing weights and measures. § 9. Kvory person using or keeping for use or having or oflFering for sale weights, scales, beams, measures of every kind, instruments or m<- chanical device for measurement, and tools, appliances or accessories connected with any or all such instruments or measures within a county, incoriioratcil city, incorporated town, or incorporated city and county in which there has been appointed under the provisions of this act a seaU-r of weights and measures, shall, within three months after the apjniint ment of such sealer of weights and measures, cause all such weights, scales, beams, measures of every kind, instruments or mechanical device for measurement, and tools, appliances or accessories connected with any or all such instruments or measures used, kept for use or had or offered 234^7 WEIGHTS AND MEASURES. Act 4384, §§ 10-12 for sale by him, to ho sealed and marked by the sealer of weights and measures of the count}-, incorporated city, incorporated town or incorpo- rated city and county in which the same are used, kept for use or kept or offered for sale. Untested weights, etc., not to be used. § 10. No weight, scale, beam, measure of any kind, instrument or meelianical device for measurement, and tools, ap[)lianees or accessories connected with any or all such instruments or measures shall be used, kept for use, sold, offered for sale or kept for sale in any county, incor- porated city, incorporated town or incorporated city and county in which there is a sealer of weights and measures appointed under the provisions of this act and in whicn there has been continuously in office in such county, incorporated city, incorporated town or incorporated city and county a sealer of weights and measures foV three months, unless such weight, scale, beam, measure of any kind, instrument or mechanical de- vice for measurement, and tools, appliances or accessories connected with any or all such instruments or measures has been sealed and tested as herein provided. Approved weights, etc. Weights, etc., approved by national bureau. § 11. Where any weight, scale, beam, measure of any kind, instrument or mechanical device for nieasurempnt, and tools, appliances, or acces- sories connected with any or all such instruments or measurements have been tested and found correct by any sealer of weights and measures appointed under the provisions of this act, the same may be used, kept for use, offered for sale, sold, or kept for sale within any county, incor- porated city, incorporated town or incorporated city and county of this state without any further test. Any weight, scale, beam, measure of any kind, instrument or mechani- cal device for measurement, and tools, appliances or accessories connected with any or all such instruments or measures, which have been tested and sealed and certified to as correct by the national bureau of standards, may be kept for sale, sold or offered for sale without being first tested and sealed by a sealer of weights and measures as in this act provided. But all such weights, scales, beams, measures of any kind, instruments or mechanical devices for measurement, and tools, appliances or acces- sories connected with any or all such instruments or measures shall always be subject to inspection as herein provided, notwithstanding that the same have been tested and sealed either by a sealer of weights and measures appointed under the provisions of this act or by the national bureau of standards. Scale, etc., which must be assembled. § 12. Any scale, beam or mechanical device for weighing or measur- ing, which after being sold and before being used for weighing, must be assembled or set up, may be sold, kept for sale, or offered for sale without being first tested and sealed as in this act provided; but such scale, beam, Act 4384, §§ 13, 14 general laws. 2348 or mechanical device for weighing or measuring must before being used for weighing or measuring be tested and sealed as in this act provided. Tests made upon request. § 13. Upon a written request of any resident of a county, incorpo rated city, incorporated town or incorporated city and county in which there has been appointed a scaler of weights and measures under the provisions of this act, the sealer of weights and measures for such county, ineorjiorated city, incorporated town or incorporated city and county shall test or cause to be tested, as soon thereafter as is practicable, the weights, scales, beams, measures of any kind, instruments or mechanical device for measurement, tools, appliances or accessories connected with any or all such instruments or measures used in buying or selling by the person, firm or corjioration designated in such request. Upon the written request of any person, firm or corporation, using, having for use, selling, keeping or offering for sale any weight, scale, beam, measure or any kind of instrument or mechanical device for measurement, tools, appli- ances or accessories connected with any or all such instruments or meas- ures, in any county, incorporated city, incorporated town, or incorporated city and county in which there has been appointed a sealer of weights and measures under the provisions of this act, the sealer of weights and meas- ures for such county, incorporated city, incorporated town or incorporated city and county shall test or cause to be tested, as soon thereafter as is practicable, the weights, scales, beams, measures of any kind, instrument or mechanical device for measurement, tools, appliances or accessories connected with any or all such instruments or measures belonging to or used by such person, firm, or corporation, providing that such written request shall not relieve the person, firm or corporation making it from any violation of the provisions of this act or of the responsibility pro- vided in this act for using, keeping for use, selling or offering to sell, or keeping for sale, any false weight, scale, beam, measure of any kind, instruincnt or mechanical device for measurement, tools, appliances or accessories connected with any or all such instruments or measures. Inspection of weights and measures. Twice yearly. § 14. The scaler of woii,'hts and nioasures shall, within his county, incorporated city, incorporated town or incor|K)ratcd city and county, in- spect, tost, try and ascertain if they are correct all weights, scales, beams, measures of any kiml, instruments or mechanical devices for measure- Hionts, and tools, appliances, or accessories connected with any or all such instruments or measures, kept for the purpose of sale, sold, or used or employed within the respective county, incorporated city, incorporated town or incorporated city and county by any proprietor, agent, lessee or emiilovee in proving the' size, quantity, extent, area or measurement of quantities, things, produce, articles for distribution or consumption offered or siiliMiittotl by such person or persons for sale, hire or award; and he shall have the power to and shall, from time to time, weigh or measure packages or amounts of commodities of whatsoever kind kept for the 2349 WEIGHTS AND MEASURES. Act 4384, §§ 15, IG purpose of sale, offvMed for sale or sold or in the process of delivery in order to determine whether the same contains the amount represented and whether they are being offered for sale or sold in a manner in accord- ance with the law. He shall, at least twice in each year, or as much oftener as he deems necessary, see that the weights, measures and all weighing and measuring apparatus, used in his respective county, incor- porated city, incorporated town or incorporated city and county, are correct. He may, for the purpose above mentioned, and in the general performance of his duty, enter or go into or upon, and without formal warrant, any stand, place, building or premises or stop any vendor, peddler, junk dealer, driver of a coal wagon, ice wagon or delivery wagon or any dealer whatsoever, and, if necessary, require him to proceed to some place which the sealer of weights and measures may specify for the purpose of making the proper tests. Prosecute violator. § 15. Whenever a sealer of weights and measures finds a violation of any of the statutes relating to weights and measures he shall cause the violator to be prosecuted. Seal of approval. Seizure of incorrect weights. "Out of order." § 16. Wherever a sealer of weights and measures com[)ares weights and measures or weighing or measuring instruments and finds that they correspond, or causes them to correspond to the standard in his posses- sion, he shall seal or mark, under his name, such weight or measure or weighing or measuring instrument with an appropriate device showing that the weight or measure or weighing or measuring instrument is cor- rect and the date of the inspection, which device shall be so placed as to be easily seen. He shall condemn and seize and may destroy incorrect weights and measures and weighing and measuring instruments which cannot be re- paired, but any weight, measure or weighing or measuring instrument which shall be found to be incorrect, but which can be repaired, he shall cause to be marked with a tag or other suitable device with the words "Out of Order." The owners or users of any weights or measures or weighing or measuring instruments which have been marked "Out of Order," as in this section provided, shall have the same repaired or cor- rected within ten days, but until the same have been repaired or corrected and tested as herein provided the owners or users thereof may neither use nor dispose of the same in any way, but shall hold the same at the dis- posal of the sealer of weights and measures. When the same have been repaired or corrected the owner or user thereof shall notify the sealer of weights and measures and the sealer of weights and measures shall again test and prove the weight, measure or weighing or measuring in- strument which has been found incorrect and marked as in this section provided, and until such weight, measure or weighing or measuring in- strument has been inspected by the sealer of weights and measures and found correct the same shall not be used. Act 4384, §§ 17-20 general laws. 2350 Any person who removes or obliterates any tag or device with the words "Out of order" or any tag, mark, seal or device placed upon any weight, measure or weijjhing or measuring in.^trument, as in this act pro \ided, shall be guilty of a misdemeanor. When any weight, measure or weighing or measuring instrument has lieen repaired and corrected, as in this section y>rovide and merchandise by false weights and measures; to provide penaltie-^ for the violation of the provisions of this act; for the admission jn evidence of copies of the state's stanaratus as shall be found necessary to a proper prosecution of the work of the office. The state superintendent of weights and measures may establish tolerances for use in the state of California similar to the tolerances established by the national bureau of standards. Copies furnished cities, etc. Testing. § 8. The state superintendent shall, at the request of the legislative body of any county, city, town, or city and county, furnish to said county, city, town or city and county, copies of the standard weights and measures of the state; such copies shall be furnished at the expense of the county, city, town or city and county requesting the same. He shall upon request of the legislative body of any county, city, town, city and county or upon the request of a sealer of weights and measures of any such county, city, town or city and county, appointed pursuant to the ]irovisions of this act, test and accurately ap]>rove copies of the state's standards of weights and measures procured by any such county, city, town or city and county to be used by a sealer of weights and measures in the performance and discharge of his duties. Copies fur nished under the provisions of this section or copies tested and approved by the state suiierintemient under the provisions of this section shall be true and correct; shall be sealed and certified to by the state super- intendent and stampeil with the letter "C." Such copies need not be of the same material or construction as the staudarils of the state and such coi>ies may be furnished in any suitable materials or construction that the county, city, town, or city and county requiring the same may specify, subject to the approval of the state superintendent. Inspection of standards used by cities, etc. Expense of testing. Com- plete set of copies. § ^. The state sujierintendent shall inspect and correct the standards used by each county, city, town and incorporatetl city and county of the state, and at least one in two years compare the same with those 2355 WEIGHTS AND MEASURES. Act 4385, §§ 10-12 in his possession and keep a record of the same, and where not other- wise provided by law he shall have general supervision of the weights and measures anfl weighing and measuring devices offered for sale, sold or in use in the state. Healers of weights and measures appointed under the provisions of this act shall, upon the request of the state superin- tendent, deliver to the state superintendent at his office the copies of the state's standards of weights and measures in their possession, and used in the discharge and performance of their duties, for verification :iud certification by the state superintendent. The actual expense of such comparison and verification shall be borne by the county, city, town or city and county whose weights and measures are compared and veri- fied. In addition to the standards heretofore referred to and required to be kept by the state, the state shall also have a complete set of copies of said original standards of weights and measures ado])ted by this act, which shall be used for adjusting county and municipal stand- ards by the state superintendent and his deputy in the performance of their duties, and the original standards shall not be usctl except for the adjustment of this set of copies and for certification purposes. Ad- ditional complete sets of copies of such original standards of weights and measures may be purchased by the superintendent when the same are necessary for use by any dej)uty state superintendent employed by counties under section 16 of this act. The state, however, shall be re- imbursed for the purchase of such copies by the county in which the same are used, in the manner hereinafter provided. Testing of weights and measures used by state institutions. § 10. The state superintendent or his deputy shall, at least once an- nually and as often as requested by the state board of control or the executive officers of the institutions herein referred to, test the scales, weights and measures used in checking the receipt and disbursement of supplies in every institution conducted by the state, and he shall report in writing his findings to the executive officer of the institution con- cerned and to the state board of control. Inspecting work of local sealers. § 11. The state superintendent or his deputy shall at least once in two years visit the various cities and counties of the state and inspect the work of the local sealers of weights and measures, and in the per- formance of said duties he or his deputy may inspect the weights, meas- ures, balances or any other weighing or measuring devices of any person, firm or corporation. The state superintendent and his deputy shall have all the powers of sealers of weights and measures provided for in this act. Report on sealers neglecting duties. Not to sell weighing instruments. § 12. The state superintendent, if he discovers that any sealer of weights and measures appointed under the provisions of this act has re- fused or neglected to perform the duties of his office, or is guilty of Act4385,§§ 13-16 general laws. 2356 any malfeasance in office, shall reiport such failure, neglect or malfeasance to the bofly, officer or board having the power to remove such sealer of weights and measures. It shall be unlawful for the state superintend- ent, his defiuties, or any sealer of weights and measures to keep for sale, or offer or expose for sale, or to sell to any person, firm, or corporation, or dealer in goods, wares and merchandise, doing or intending to do business in the state of California any weighing or measuring instru- ment, or to be interested directly or indirectly in the sale of any weigh- ing or measuring instrument. Investigate conditions in state. Annual report. § 13. It shall be the duty of the st:ite superintendent to investigate conditions in the various counties, cities and towns of the state in re sjiect to weights and measures, and to the sale of goods, wares and merchandise, commodities and foodstuffs in containers. Tlje state su perintendont shall annually report to the governor, and shall prior to each regular session re]iort to the legislature the work of his office, and shall make such recunimeudations as he shall deem proper and necessary. Instructions to sealers. § 14. The state superintendent shall issue instructions and make rec- ommendations to the county and municipal sealers of weights and meas- ures, appointed under the provisions of this act, and such instruction-* and recommendations shall govern the jirocedure to be followed by the aforesaid officers in the discharge of their duties. Record of acts done. § 15. The state superintendent shall keep in his office a complete record of all acts done by him and a record of all prosecutions for viola tion of the provisions of this act, and the reports of the various sealers of weights and measuies ap{>ointed under the provisions of this act, which records and rejiorts shall always be open to the public. Oflace of sealer of weights and measures created. Term. Deputies. Superintendent may act for counties. § 16. The olliie of sealer of weights and measures is hereby created. Whenever in this act the term "sealer" is used, the same shall be taken to mean and refer to sealer of weights and measures. Within one hun- dred and twenty days after the approval of this act by the governor, it shall be the duty of the board of supervisors of each of the counties of the state except as lieroinafter provided, to appoint a sealer of weights and measures for their respective counties, who shall receive as com- pensation the sum of five dollars per day for each day actually employed in the service of the county, to be audited and paid as other claims against the county. He shall be allowed his traveling expenses actually and necessarily incurred in the performance of his duties. The term of oflice of such sealer of weights and measures shall be four years, but he shall be subject to removal at the will of such board. A sealer ap- pointed under this act may, with the consent of the board of supervisors 2357 WEIGHTS AND MEASURES. Act 4385, §§ 17, 18 of the pountv appointing him, appoint a deputy or deputies when neces- eary or expedient to carry out the provisions of this act. The com •pensation of such deputies shall be the same as the county sealer and paid in the same manner. Such deputies shall always be subject to removal by the sealer of weights and measures. In ease the legislative body of any county shall not appoint a sealer for such county, such body must apply in writing to the state superintendent for the assignment of a deputy superintendent, who shall perform all the duties of sealer in such county, as provided in this act to be performed by county sealers. And it shall be the duty of such superintendent on such application, as soon as practicable, to make such assignment and to provide copies of the original standard of weights and measures for use by said deputy in such county, The actual cost of such services shall be paid by the county in the same manner in which other claims against the county are paid. The amount to be paid shall be at the rate of one hundred and fifty ($150) dollars per month for the time such deputy superin- tendent is employed in such county in addition to the actual traveling expenses of such deputy made necessary by such appointment. The county shall also stand its proportionate share of the actual cost of the set of copies to be used in such county by such deputy, at the rate of one-twelfth of the cost thereof for every month such copies are em- ployed therein during the first year of their use, and in that event such county may at any time pay the balance of the cost of such copies and become the owner thereof, or the "county may pay rental to the state for the use of such copies at the rate of ten per cent per annum of the cost price thereof. Appointment of sealers. Term. In counties of second class. § 17. The legislative body of any county, or city and county or of any city or town may appoint a sealer of weights and measures, fix his compensation and provide for the appointment by the sealer of such number of deputies as the said legislative bodies may deem necessary and expedient. Such sealer and deputies shall each receive as compensa- tion the sum of five dollars per day for each day actually employed in the service of such county or city and county or city or town. The term of oflSce of sealer of weights and measures appointed under the provisions of this section shall be four years. He shall be subject to removal by the power appointing him. Deputies appointed under the provisions of this section shall be subject to removal by the sealer. In counties of the second class and cities of the first class the sealer shall receive as compensation the sum of twenty-four hundred dollars per year and shall be allowed four deputies, who shall receive as compensation the sum of eighteen hundred dollars per annum, each payable in the same manner as the salaries of other county officers are paid. Jurisdiction of sealers. § 18. The jurisdiction of a sealer appointed or a deputy state sealer employed for a county shall extend over the entire territorial limits of Act 4385, §§ 19-23 geneflvl laws. 2358 the county appointing such sealer, except within the territorial limits of those cities and towns within which sealers have been appointed under the provisions of this act. The jurisdiction of the sealer of weights and measures appointed by the legislative body of any city or town under the provisions of this act shall extend ever the entire territorial limits of such city or town. Sealers appointed heretofore not affected. § 19. This act shall not affect the appointment of any sealer of weights and measures heretofore appointed for any city, town or city and county under any law, but such sealers shall perform the duties o: the office under the provisions of this act, and shall possess the sanir powers and duties as sealers appointed under the provieions of this act. Copies of standards for counties, etc. § 20. Except as herein otherwise provided the hoard of supervisor-^ or legislative boily of each county, city, town and city and county nt the state shall, upon the appointment of a sealer under the provisior- of this act, provide and procure for their respective county, city, tow and city and county, copies of the state's standards of weights and me.n- ures at the expense of such county, city, town or city and county; su' h copies shall be verified and certified to by the state superintendent ol weights and measures as in section 8 of this act provided. Copies to be tested. § 21. Sealers appointed under the provisions of this act shall, at least every two years, cause to be proved and tested by the state super intendent copies of the state's standards in their possession. If, upon Buch inspection, or any inspection by the state superintendent, the copie> of the weights and measures tested shall be found to be incorrect, thi same shall be ad,justed, if the same are susceptible of being adjusted, but if not, new copies shall be procured and certified to in the same manner as original cojiies. Copies deemed correct. § 22. In any prosecution for a violation of any of the provisions of this act any copy of the standards of weights and measures of the state furnished, procured and certified to under the provisions of this art. shall be admitted in evidence upon the trial, and such copy shall be deemed prima facie true and correct. Duties of sealers. § 23. It shall be the duty of any sealer of weights and measures tc carefully preserve all copies of the standards of weights and measnr«s in his possession, and to keep the same in a safe and suital>le |>la<'e when not actually in use; and it shall be his duty annually and at such other times as the state superintendent may require, to file with sui-h superin teudent a written report of the work done by him of the weights, mea> 2359 WEIGHTS AND MEASURES, Act 4385, §§ 24-26 ures, weigliinjj and measuring instruments inspected or tested by him and of tlie result of such inspection, of all, prosecutions instituted by him for violations of the provisions of this act and of all other matters and things pertaining to his duties or which may be required by tJie state superintendent. Dealers in weighing and measuring instruments to have same tested. § 24. Every person using or keeping for use or having or offering for sale weights, scales, beams, measures of every kind, instruments or mechanical devices for weighing or measurement, and tools, api>liance3 and accessories connected with any or all such instruments or measures within a county, city, town, or city and county in which there has been appointed a sealer under the provisions of this act, shall within three months after the appointment of such sealer cause all such weights, scales, beams, measures of every kind, instruments or mechanical device for weighing or measurement, and tools, appliances and accessories con- nected with any or all such instruments or measures to be sealed and marked by the sealer of weights and measures of the county, city, town or city and county in which the same are used, kept for use or kept or offered for sale. Instruments must be tested before sale. § 25. No weight, scale, beam, measure of any kind, instrument or mechanical device for weighing or measurement, nor tools, appliances or accessories connected with any or all of such instruments or measures shall be used, kept for use, sold, offered for sale or kept for sale in any county, city, town or city and county, in which there is a sealer ap- pointed under the provisions of this act and in which for three months there has been continuously in office in such count}'', city, town or city and countj' a sealer, unless such weight, scale, beam, measure of any kind, instrument, or mechanical device for weighing or measurement, and tools, appliances and accessories connected with any or all such in- struments or measures shall have been sealed and tested as in this act provided. Instruments which may be sold. Subject to inspection. § 26. When any weight scale, beam, measure of any kind, instru- ment or mechanical device for weighing or measurement, and tools, ap- pliances and accessories connected with any or all such instruments or measurements have been tested and found correct by any sealer ap pointed under the provisions of this act, the same may be used, kept for use, offered for sale, sold, or kept for sale within any county, city, town or city and county of this state for one year without any further test. Any weight, scale, beam, measure of any kind, instrument or mechanical device for weighing or measurement, and tools, appliances and accessories connected with any or all such instruments or measures, which have been tested and sealed and certified to as correct by the national bureau of standards, may be kej)t for sale, sold or offered for Act 4385, §§ 27, 28 general laws. 2360 sale without being first tested and sealed by a sealer as in this act pro\ided. But all such weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing or measurement, and tools, appliances and accessories connected with any or all such instru- ments or measures shall always be subject to inspection and testing AS herein provided, notwithstanding that the same have been tested and sealed either by a sealer appointed under the provisions of this act or by the national bureau of standards. Testing of devices which must be assembled before use. § 27. Any scale, beam or mechanical devire for weighing or measur- ing, which, after being sold and before being used for weighing or meas- uring it is necessary to assemble or set uj), may be sold, kept for sale, or offered for sale without first being tested and sealed as in this act provided; but such scale, beam or mechanical device for weighing or measuring, before being used for weighing or measuring, must be tested and scaled as in this act proviiled. Testing upon request of resident. Testing upon request of firm, etc., using. Not relieved from violation. § 28. Upon a written request of any resident of a county, city, town or citj' and county, in which there has been appointed a sealer under the provisions of this act there appearing reasonable ground therefor, the scaler for such county, city, town or city and county shall test or cause to be tested, as soon thereafter as is practicable, the weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing or measurement, tools, appliances and accessories con- nected with any or all such instruments or measurements used in buy- ing or selling by the person, firm or corporation, designated in such re- quest. Upon the written request of any person, firm or corporation, using, having for use, selling, keeping or offering for sale any weight, scale, beam, measure of any kind or instrument or mechanical device for weighing or measurement, tools, appliances and accessories connected with any or all such instruments or measures, in any county, city, town, or city and county in which there has been appointed a sealer under the provisions of this act, the sealer for such county, city, town or city and county shall test or cause to be tested, as soon thereafter as is practicable, the weights, scales, beams, measures of any kind, instru- ment or mechanical device for weighing or measurement, tools, appli ances and accessories connected with any or all such instruments or measures belonging to or used by such person, firm or corporation; but such written request shall not relieve the person, firm or corporation making it from any violation of the provisions of this act or of the responsibility provided in this act for using, keeping for use, selling or offering to sell, or keeping for sale, any false weight, scale, beam, measure of any kinil, instrument or mechanical device for weighing or measurement, tools, appliances and accessories connected with any or all such instruments or measures. 2361 WEIGHTS AND MEASURES. Act 4385, §§ 29-31 Drities of sealers. Weigh packages. § 29. The sealer shall, within his county, city, town or city and county, inspect, try, test all weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing or measurements, and tools, appliances and accessories connected with any or all such instru- ments or measures, kept for the purpose of sale, sold, or useil by any proprietor, agent, lessee or employee in proving the size, quantity, ex- tent, area, weight or measurement of quantities, things, produce, articles for distribution or consumption, purchased or offered or submitted by such person or persons for sale, hire or award and ascertain if the same are correct; and he shall have the power to and shall, from time to time, weigh or measure packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered for sale or sold, or in the process of delivery, in order to determine whether the same contain the quantity or amount represented and whether they are being offered for sale or sold in accordance witR law and may seize for use as evidence any such amounts of commodities or package or packages which shall be found to contain a less amount than that represented. He shall, at least once in each year, or as much oftener as he deems necessary, see that the weights, measures and all weighing and measuring apparatus, used in his county, city, town, or city and county, are correct. He may, for the purpose above mentioned, and in the general performance of his duty, without formal warrant, enter or go into or upon, any stand, place, building or premises or stop afiy vendor, peddler, junk-dealer, driver of a coal wagon, ice wagon, or delivery wagon or the driver of any wagon containing commodities for sale or delivery and, if necessary, require him to proceed to some place which the sealer may specify for the pur- pose of making the proper tests. Violators prosecuted. § 30. Any sealer having knowledge of a violation of any of the pro- visions of this act, or of any law relating to weights and measures shall cause the violator to be prosecuted. Marking weights and measures tested, etc. "Out of order." Removal of tags prohibited. § 31. Whenever a sealer compares weights and measures or weigh- ing or measuring instruments and finds that they correspond, or causes them to correspond, to the standards in his possession, he shall seal or mark, under his name, such weight or measure or weighing or measur- ing instrument with an appropriate device showing that the weight or measure or weighing or measuring instrument is correct and the date of the inspection, which device shall be placed so as to be easily seen. He shall condemn and seize and may destroy incorrect weights and meas- ures and weighing and measuring instruments which in his best judg- ment are not susceptible of repair, but any weight, measure or weigh- ing or measuring instrument which shall be found to be incorrect, but which in his best judgment are susceptible of repair, he shall cause to Act 4385, § 32 general laws. 2362 be marked with a tag or other suitable device with the words "Out of Order." The owners or users of any weights or measures or weighing or measuring instruments which have been marked "Out of Order," as in this section provided, may have the same repaired or corrected within thirty days, but until the same have been repaired or corrected and tested as herein provided the owners or users thereof may neither use nor disfiose of the same in any way, Init shall hold the same at the law, or any person who, by himself, or his employee or agent, or as the employee or agent of another, shall sell or offer or exjiose for sale or use or have in his possession for the purjtose of selling or using any device or instrument to be used to or calculated to falsify any weight or measure, and any person who, by himself or his employee or agent, or as the employer or agent of another, shall sell or offer or expose for sale any commodity, produce, article or thing in a less quantity than be represents it to be or contain, shall be guilty of a misdemeanor. Possession of such false weights or measures or weighing or measuring instruments shall be prima facie evidence of the fact that they were intended to be used in the violation of law. 2363 WEIGHTS AND MEASURES. Act 4385, §§ 33-40 Power of peace oificers. § 33. The state siipeiintendeut, his deputy, all sealers and their deputies, in the perforniaiice of thoir official duties, shall have the same powers as are possessed by peace oflicers of this state. Hindering sealers. § 34. Any person who shall hinder or obstruct in any way the state superintendent, or his deputy, or a sealer or his deputy, in the perform- ance of their official duties, sliall be guilty of a misdemeanor. ^ Eefusing to exhibit weights or measures. § 35. Any person neglecting or refusing to exhibit any weight, meas- ure, or weighing or measuring instrument of any kind, or appliances and accessories connected with any or all of such instruments or measures which is in his possession or under his control, to the state superintend- ent, or his deputy, or to a sealer or his deputy, for the purpose of al- lowing the same to be inspected and examined as in this act provided, shall be guilty of a misdeameanor. Refusing to exhibit commodities. § 36. Any person, who by himself, or his employee or agent, or as a proprietor or manager, shall refuse to exhibit any article, commodity, produce or anything being sold or offered for sale at a given weight or quantity, or ordinarily so sold, to the state superintendent, or to his deputy, or to a sealer or his deputy, for the purpose of allowing the same to be tested and proved as to the quantity contained therein as in this act provided, shall be guilty of a misdemeanor. Penalty, for false sealing. § 37. Any sealer who shall seal any weight, measure, balance or ap paratus before first testing and making the same conform with tha standards of the state, or who shall condemn any weight, measure, bal anee or apparatus without first testing the same, shall be deemed guilty of a misdemeanor. § 38. An}^ person violating any of the provisions of this act shall be guilty of a misdemeanor. "Person." ■§ 39. The word "person," as used in this act, shall be deemed to in- clude person, firm or corporation. Duty of officers of corporations. § 40. It shall be the duty of all officers, directors and managers of corporations, whose respective corporations use or keep for use, sell or offer for sale, any weights, measures, or weighing or measuring instru- ments which are subject to inspection by the provisions of this act, to comply with the provisions of this act on behalf of their respective cor- porations; and it shall be the duty of all officers, directors and managers Acts 4408, 4420 general laws. 2364 of corporations, whose respective corporations offer for sale or keep for sale any commodit}', produce, article or thing which is subject to in^ipec- tion by the provisions of this act, to conifdy therewith on behalf of their respective corporations. In case any corporation shall violate any of the provisions of this act, the corjioration and the officers therpof directly concerned with the act or acta constituting such violation shall be severally guilty of a misdemeanor. § 41.' Any sealing or testing of any weight, measure, weighing or measuring instrument by the state sui»<'rintendent or his def)uty shall have the same force and effect as a sealing or testing by a sealer or his deputy. Appropriation, § 42. There is hereby appropriated out of the general fund of the state the sum of twelve thousand doUurs for carrying into effect the provisions of this act. Title of act. § 43. This act shall be known as the Weights and Measures Act. TITLE 566. WIIITTIER STATK SCHOOL. ACT 4408. To establish the Whittier Reform School for Juvenile Offenders. [Stats. 1889, p. 111.] Amended 1893, p. 328; 1905, p. 80: 1907, p. 3; 1909, p. 988. Sup»rsedrd 1911, p. 673. and again in 1913 (Stats. 1913, p. 1304). S«c anU, Act 1770. Tlie superseding acts superseded this act as to th« mode of eoininltment but left tlie net in force as tu all matters concerniu); the management of the inttitutiuo. Citationi. App. l'J/GUt>, 607. 608; (S5 16, 16a) 19/60!i, 60a. 610. TITLE 568. WOMAN'S RELIEF CORPS. ACT 4420. Citations. App. 8/529, 530, 531, 532, 537. INDEX. (2365) INDEX. ABAIiONE. See Game Laws. ABANDONMENT. Condemnation proceedings, of. See Eminent Domain. Child, of. See Adoption; Parent and Child. Streets, of. See Streets. Wife, of. See Husband and Wife. ABATEMENT. Partition proceedings, effect of death or insolvency of party, p. 34, § 763. ABSTRACTS OF TITLE. Admissibility as evidence, where records burnt or destroyed, p. 95, § 1855a. ACCIDENT INSURANCE COMPANIES. Capital stock required of, p. 309, § h04, subd. 16. What included in, p. 309, § 594, subd. 6. ACCIDENTS. See Master and Servant; Public Utilities, II. ACCOMPLICE. Conviction on testimony of, p. 242, § 1111. ACCOUNTING. See Board of Control. Certified accountants from other states, admission of to practice, p. 823, Act 11. ACCOUNTS. Executor or administrator, of. See Executors and Administrators. Guardians. See Guardian and Ward. Public utilities, of. See Public Utilities, II. ACCUSATION. See Attorney and Client. ACKNOWLEDGMENTS. Articles of incorporation, of, p. 113, § 292. Defective, validating, p. 156, § 1207. Instrument recorded without, validating, p. 156, § 1207. Who may take, p. 155, § 1181. ACTIONS. See Infants; Insane Persons; Statute of Limitations, Death, for wrongful causing of, p. 1060, Act 896. , Joinder of. See Joinder of Actions. Place of trial of, p. 16, § 395. Public utility commission, by, p. 1786, Act 2886, § 75. State, against. See State. ^ Taxpayer cannot enjoin issuance of bonds by officer, p. 22, § 526a. Taxpayer may sue to enjoin illegal expenditure or waste, p. 22, § 526a. (2367) 2368 INDEX. ADJUTANT GENERAL. Absence or inability of, who to act, p. 462, ! 1928, (ubd. 12. Allowance to for target practice, p. 473, S 2079. Cash revolving fund for use of, p. 1609, § 2433c. Claims, auditing, etc., procedure, p. 473, § 2079. Control of military department, provision as to repealed, p. 457, 5 192S. Department, brigadier general is chief of, p. 458, J 1927. Department, chief of, duties of enumerated, p. 459, S 1928. Department, colonel of, duty and qualifications, p. 458, S 1927. Department of, brigadier general, appointment of aud term of office, p. 458. S 1927. Department of, brigadier general, qualifications of, p. 458, I 1927. Department of, chiof, powers of enumerated, p. 459, J 1928. Department of, chief, rank, p. 458, j 192S. Department of. confnrming to orders and regulations of United States army, p. 462, 5 1928, subd. 12. Department of, employees of, p. 458, § 1927. Department, officers of, p. 458, { 1927. Department, officers, appointment, qualifications and terms of office, p. 456. 5 1927. Department, officers of, duties of, p. 462, S 1928, snbd. 12. Dep.irtment, officers of, title of, p. 458, 5 1927. Dulios of, provision as to repealed, p. 457, J 1923. Military-roll, delivery of cerlitiod copy of to, p. 456. J 1900. Muster-roll, dtity to make and time of making, p. 456, § 1902. Muster-roll, signing and filing, p. 456, 5 1902. Muster-roll, what to show, p. 456, S 1902. ADMINISTRATORS. See Executors and Administrators. Public. See Public Administrators. ADOPTION. Abandoned, child may be determined to be, by order of juvenile court, p. 109. § 224. Abandoned child, who is, p. 109, § 224. Consent of parent, necessity of, p. 109, § 224. Consent to, managers of orphan asylum may give, when, p. 109, S 224. ADULTERATION. Adiiltcriitfd food to be destroyed, p. 824, Act 29. Butter, ret'ulntion of production of, p. 826, Act 47a. Cheese, regulation of production of, p. 826, Act 47a. Cheese. See Cheese. Cream, regulation of production of, p. 826, Act 47a. Drugs, adulterated, mislabeled or misbrauded, prevention of mannfactnre, sail- or transportation of. p. 825, Act 30. Foods, manufacture, sale or transportation of adulterated, prevention of, p. 824. Act 29. Fungicides, regulation of manufacture, sale, adulteration and misbranding of, p. 827. Act 48. Guaranties a protection in prosecution for, p. 824, Act 29; p. 827, .\ct 48. S 9. Ice cream, regulation of production of. p. 82P, .Vet 47a. Insecticides, regulation of manufacture, sale, adulteration and misbranding of, p. 827, Act 48. INDEX. 2369 ADULTERATION (Continued). Liquors, manufacture, sale or transportation of adulterated, prevention of, p. 824, Act 29. Milk, certified, act of 1909 regulating production and sale of repealed, p. 826, Act 47. Milk, certified, regulation of production of, p. 826, Act 47a. Violation of statute against, punishment, p. 824, Act 29. Wine, act prohibiting adulteration of, and to prevent fraud in manufacture of, repealed, p. 826, Act 44. ADULTERY. Competency of husband or wife as witness, p. 251, § 1322. Living in state of is a inisdomeanor, p. 196, § 269a. Living in state of, punishment of, p. 196, § 269a. Married persons, by, a felony, p. 196, § 269b. Married persons, by, proof of marriage on prosecution for, p. 196, § 269b. Married persons, by, punishment of, p. 196, § 269b. ADVERTISEIHENTS. Cities authorized to levy tax for advertising, p. 1563, Act 2389a. County resources, tax for advertising, power of supervisors, p. 582, § 4041, subd. 33. Putting on private property without consent, prevention of, p. 834, Act 52. Putting on public property without consent, prevention of, p. 834, Act 52. Regulations of advertisements for employees during strikes or lockouts, p. 1409, Act 2140a. State officers or board, by, to be under direction of board of control, p. 1603, Act 2503. AGENCY. Insurance companies, for. See Insurance Companies. AGISTORS. Lien of, p. 183, § 3051. AGRICULTURAL PARK. At Sacramento. See State Agricultural Society; State Fair, AGRICULTURE. See Horticulture; University of California. Cereal crops, investigation and experiments for improvement of, p. 842, Act 76. Commission to investigate European system of rural credits and report, creation of, p. 845, Act 78c. Experiment station at Riverside, establishment of, p. 2253, Act 4263b. Experiment station, establishment of in Imperial county, p. 2255, Act 4263f. Expert in, governing boards of irrigation, reclamation and drainage districts authorized to employ, p. 845, Act 78b. Fertilizers, regulation of sale of, p. 1168, Act 1157. Insecticides or fungicides, prevention of adulteration of. See Adulteration. Investigation of nature and means of control of diseases of cultivated plants, p. 842, Act 77. Power of attorney to collect wages is revocable at any time, p. 152, § 955. Smelters. See Smelters. State agricultural society. See State Agricultural Society. 149 2370 INDEX. AGRICULTUBE (Continnedl. State board of, management and control of, p. 840, Act 67, State fair. See State Fair. Statistics, agricultural, collection, compilation and publication of for «tate, p. 1967, Act 3798c. Viticulture, experimental and research work in and publicatioa of reiults, p. 2262, Act 4308. AIDES-DE-CAMP. See National Guard, ALAMEDA CITY. Charter of, amendment of, p. 846, Act 85. Waterfront of, granting of to, p. 846, Act 86. ALAMEDA COUNTY. Assessor, commissions not allowed to for collection of personal property or poll taxes, p. 815, 5 4290. Assessor, deputies, clerks and assistants, number, enumermtion, appointment and salaries of, p. 620, 5 4232. subd. 8. Assessor, maps, plats and block-books, preparation of and powers and duties AS to, p. 620, § 4232, subd. 8. Assessor, no compensation allowed to for making out military-roll, p. 815, S 4290. Assessor, salary of, and commissions, p. 620, S 4232, subd. 8. Auditor, additional assistants, allowance of and report of amount expended for, p. 618. § 4232, subd. 4. Auditor, deputies and assistants, number, aries, p. 618, S 4232, subd. 4. Auditor, report of, p. 618, i 4232, subd. 4. Auditor, salary of, p. 618, 5 4232, subd. 4. Classifioation of, p. 566, J 4006. Constables, fees and expenses, and how allowed and paid, subd. 15. Constables, number and enumeration of, p. 626, { 4232, subd. Constables, population of townships, how determined, p. 626, 8 4232, subd. 15. Constables, salaries of, p. 626, | 4232, subd. 15. Coroner, deputy and stenographer, appointment and eompenf, p. 901, Act 297, { 80. Commercial banks, loans on real estate by, regulations as to, p. 864, Act 297. § 47. Commercial banks, loans to ofRcers, agents or employees, regulations gorernin^-. p. 903, Act 297, § 83. Commercial banks, loans to officers, agents or employees, violation of regula- tions governing, punishment for, p. 903. Act 297, i 83. Commercial banks not to advertise or receive deposits as savings banks, p. 884, Act 297, § 49. Commercial banks, reserves required of, p. 873, Art 297. t 20. Commercial bank violating provivion as to advertising or receiving deposits ai savings banks, penalty, p. 884, Art 297. } -19. Consolidation of banks, p. 879, Act 297, S 3Ia. Corporations, to what, act applicable, p. 861, Act 297, 9 1. Debts, creation of, receiving deposits, issuing certificates of deposits, checks, etc., is not, p. 887. Act 297, 5 55. Definition of "bank." p. 861, Act 297, i 2. Departmental banks, assets of departments to be peserved for departmental depositors and creditors, p. 878. Act 297, S 27. Departmental banks, capital and surplus, segregation and apporliunment of and change of, p. 875, Art 297, { 23. Departmental banks, capital, increase of, p. 875, Act 297, i 23. Departmental banks, capital stock, increase or decrease of, p. 877, Act 297, § 23, subd. e. Departmental banks, capital stock required of, p. 875, Act 297, { 23. Dopartmental banks, interchange of deposits, bonds, securities, etc., between departments, p. 877, Act 297, § 25. Departmental banks, reserves, p. 877, .\ct 297, S 25. Departmental banks, what necessary before doing business, p. 875, Act U'.'T, §23. Department, new, opening of, procedure and fee, p. 877, Act 297, S 24. Depositary of funds of bank, designation of, p. 883. Act 297. { 43. Deposit of funds in another bank, right of. p. 883. Act 297. S 43. Deposit of state funds in banks, p. 2231, Act 4134. Depositors have priority over stockholders, p. 874, Act 297, J 21. Deposits of decedents in savings banks. See Estates of Decedents: rul'i.- Administrators. Deposits by decedents under five hundred dollars, withdrawing without adnn istration, p. S71. Act 297, § 16. Deposits by infants, p. 871, Act 297, J 16. 11 INDEX. 2381 BANKS AND BANKING (Continued). ' Deposits by married women, p. 871, Act 297, § 16. Deposits in trust in, p. 871, Act 297, § 16. Deposits, joint, p. 871, Act 297, § 16. Deposits, time of, what deemed to be, p. 869, Aft 297, § 15. Deposits unclaimed for twenty years, dejjosit of with state treasurer, p. 869, Act 297, § 1.5. Deposits unclaimed in hands of superintendent of banks, disposition of, p. 926,- Act 297, § 136. Deposits unclaimed, statements as to, p. 869, Act 297, § 15. Directors, loans to by commercial banks, p. 90.3, Act 297, § 83. Directors, meeting of, p. 866, Act 297, § 11. Directors not to become obligors for loans by bank, section repealed, p. 831, Act 297, § 33. Directors, oath of, p. 866, Act 297, § 11. Directors, overdrawing account or receiving benefit for procuring loan, etc., a felony, p. 882, Act 297, § 39. ' Directors, qualifications of, p. 865, Act 297, § 10. Directors, report by, what to show, p. 929, Act 297, § 139. Directors, report, duty to make and power of superintendent of banks on failure to make, p. 929, Act 297, § 139. Directors, transfer of mortgage of or contract for sale of realty to bank, p. 882, Act 297, § 35. Dissolution of banks, dividends, uncalled for, payment into county treasury and discharge of receiver, p. 927, Act 297, § 137. Dissolution of banks, escheat of moneys deposited with state treasurer and uncalled for, p. 928, Act 297, § 137. Dissolution of banks, funds, payment of into state treasury after five years, p. 928, Act 297. § 137. Dissolution of banks, furnishing county treasurer with list of depositors or claimants, p. 928, Act 297, § 137. Dissolution of banks, investment of moneys deposited in state treasury, p. 928, Act 297, § 137. Dissolution of banks, list of depositors, furnishing to countv treasurers, p. 928, Act 297, § 137. Dissolution of banks, payments of escheated money to state treasurer by county treasurer, p. 928, Act 297, § 137. Dissolution of banks, procedure, p. 927, Act 297, § 137. Dissolution of banks, right of, p. 927, Act 297, § 137. Dissolution of bank, superintendent of banks may bring action for, when, p. 920, Act 297, § 135a. Dissolution of banks, withdrawal of moneys deposited with state or county treasurer, p. 928, Act 297, § 137, subd. 4. Dividends, declaring, p. 874, Act 297, § 21. Dividends, declaring by superintendent of banks, p. 924, Act 297, § 136. Dividends unclaimed, disposition of by superintendent of banks, p. 926, Act 297, § 136. Doing business as a bank, prohibition as to, p. 866, Act 297, § 12. Foreign banking corporations, right to do business, p. 862, Act 297, § 7. Foreign corporations, not affected by provisions of bank act, p. 869, Act 297, § 12c. Formation of banks, any number of persons not less than three may form, p. 862, Act 297, § 3. 2382 INDEX. BANKS AND BANKING (Continued). Funds may be in veiled in bonds of reclamation district, p. 534, { 3480; p. 1847, Act 17r;2b, § 7. Inspection and examination of banks, agencies of foreign banks, examination of, p. 915, Act 297, 5 124. Inspection and examination of banks, appraifiement of securities of donbtfal value, p. 915, Act 297. § 124. Inspection and examination of banks, auditor, appointment of to make audit, p. 915, Act 297, S 124. Inspection and examination of banks, powers and duties in relation to, p. 915, Act 297, § 124. Inspection and examination of title insurance companies. See Title Insurance Companies. Inspection and examination of trust companies. See Trust Oompanies. Investments before passage of bank act. how affected, p. 929, Act 297, | 145. Life insurance companies, bankini: act does not apply to. p. 869, Act 297, { 12b. Loans on stock uf another bank, restrictions as to, p. 883, Act 297, S 44. Losses, charging to. p. 874, Act 297. 5 21. Misdemeanor, violating provisirms of bank act in relation to adTertising M ft bank, p. 866, Act 297, § 12a. National banks, expense of examination to be paid by banks, p. 884, Act 297, S 48. National banks receiving deposits to submit to examination, p. 884, Act 297, §48. National banks, refusal to submit to examination, deposits hj state banks t« be withdrawn from, p. 884, Act 297, J 48. National reserve association, banks authorized to join or associate with, p. 887, Act 297, 5 56. National reserve association, bank joining may conform business to provisiont of act of Congress creating it. p. 887, Act 297, 5 56. National reserve association, right of banks to invest in stock of, p. 887, Act 297, § 56. Notes or bonds, sale of to bank by officer, employee or stockholder, • felony, p. 882, Act 297, 5 ^^■ Officer, agent or employee not to purchase asset! at discount, p. 883, Act 297, § 42. Ofliccr, iifrent or employee not to purchase obligations at discount, p. 888, Act JOT, § 41. Officer, agent or employee overdrawing account by, a felony, p. 882, Act 297, § 39. Officer, agent or employee purchasing assets at discount, penalty, p. 883, Act 297, § 42. Officer, agent or employee purchasing obligations at discount, penalty for, p. 883, Act 297, § 41. Officer, agent or employee, receiving reward for procuring loan or accommo- dation, a felony, p. 882, Act 297, § 39. Officers or employees not to become borrowers or obligors, repeal of aection, p. 881, Act 297, § 33. Officer or employee overdrawing account or receiving benefit for procuring loan, etc., a felony, p. 882, Act 297, § 39. Officer or employee, transfer of mortgage or contract for sale of realty to bank, p. 882, Act 297. S 35. INDEX. 2383 BANKS AND BANKING (Continued). Otllci'is , Act a'lStie. Contractor for public works, bond tu secure payment of materisls and labor, p. 1811, Act 2895. County horticullural commissioner, of, p. 493, { 2322. County, silEnature of auditor on coupons valid although bonds attested by different auditor, p. 591, § 4088a. County, valid though officer signing ceases to be officer before delivery, p. 591, § 4088a. Decedents, moneys of in treasury, investment of in bonds and deposit with treasurer, p. 330, § 677. Fiscal apency in city of New York, establishment of, p. 969, Act 3911. Fiseal agency in city of New York, duties of, p, 969, Act 3911. Funds, public, deposit of in banks, p. 1184, Act 1290a. Guardian of insane persons, of, p. 92. § 1765. Ilarlior improvements, issuance of bonds for by cities, p. 1566, Act 2389c. Harbor of San Francisco, subuiissiun to people uf question of issuance of bonds for improvement of, p. 1206. .\ct 14:<6a. High school bonds, issuance of, p. 441, J 1745; p. 443, } 1749. Highway commissioners, of, p. 1216, Act 1448. Highways, for. See llichways. Improvement lionds, act of ^913 providing for system of, where change or establishment of grades of streets causes damages, p. 2100, Act 3937c. Improvement bonds, issuance to represent certain special assessments for public inii)rovenienIs. p. 950. Act 390. luveslicalion of by superinlendent of banks, p. 895, Act 297, } 61a. Investment of school funds in, p. 331, § 680. Invpslnient of sinking funds of city or county in, p. 1181, Act 1284a. Irrigation. See Irrigation Districts. INDEX. 2391 BONDS (Continued). Issuaiirp of by cities for improvcmcntg, amcnclmcnt of act of 1901, p. 1530, Act 2371. Issuance of state bonds for buildings in Sacramento, submission of question of to people, p. 965, Act 391h. Levee districts authorized to incur bonded indebtedness for certain purposes, p. 1391, Act 1923. Municipal, payment of before maturity, p. 961, Act 391d. Municipal, validation of and provision for collection of taxes to pay, p. 960, Act 391c. Municipal, validation of where authorized by two-thirds vote, pp. 957-959, Acts 391, 391a, 391b. Public utility districts, of, p. 1799, Act 2887a. School bonds, elections, "pening and closing of polls, p. 410, 5 1597. School funds, investment in bonds and deposit with treasurer, p. 329, § 676. Secretary of state board of charities and corrections, of, p. 1021, Act 573, S 2. Secretary of state, of, p. 295, § 416. Sewer districts in cities, bonds for, p. 1938. Act 3594; p. 1944, Act 3598. Signature by officer whose term expired, effect on, p. 591, § 4093. Signatures, different auditor signing coupons and bonds, effect of, p. 591» § 4088a. Sold by state treasurer, to board of control, attorney general to approve validity, p. 330, § 679. State building in San Francisco, submission of issuance of to people, p. 1699, Act 2822a. Notice to board of control and state treasurer of bonds for sale, p. 330, § 678. Officers of department of accounting, of, p. 333. § 686. Ordering deposit of trust moneys in trust company by court and reduction of bonds, p. 907, Act 297, § 93. Particular officers, of. See particular title. Payment of, cities, cities and counties and counties authorized to levy tax to pay, p. 962, Act 391c. Public libraries established by union high school district, of, p. 1931, Act 3586b, § 12 et seq. Reclamation districts, of. See Reclamation Districts. Registration of, provision for, p. 962, Act 391f. Sale of bonds for public improvements cannot be enjoined, p. 22, § 526s. Savings banks may hold w^hat bonds, p. 889, Act 297, § 61. Savings banks may purchase and hold what bonds, p. 889, Act 297, § 60. State fair, bonds for improvement and extension and for erection of buildings, submission to people, p. 836, Act 63b. State highway, payment of interest on by counties, p. 1241, Act 1468b. State, transfer of funds in state treasury to pay interest and principal, p. 1180, Act 1276. Street improvement bonds for paying cost of improvements, act of 1911, p. 2033. Act 3937. Superintendent of banks, chief deputy of, bond of, p. 913, Act 297, § 121. Superintendent of banks, of, p. 913, Act 120, § 120. Superintendent of capitol building, of, p. 334. § 716. Superintendent of state printing, of. p. 305, § 530. Surety companies. See Surety Companies. Surplus city and county funds, investment of, p. 1184, Act 1290a. Surplus state funds may be invested in what bonds, p. 1182, Act 1284o. 2392 INDEX. BONDS (Continued). Trust company, bond not rpquirpd of, p. 907, Act 297. S 94. Validation of bonds of school districts and high school districts and proTiston for levy of taxes for, p. 1924. Act 3084a. BOOKMAKING. Proliitjition of and punishment for, p. 200, $ 337a. BOOKS. School. See Schools. BOTTLES. Blowing trademark in, protection of owner, p. 2227, Act 4122. Protection of owners against refilling, p. 2227, Acts 4121, 4122. BOXTLEVAEDS. Act of 190.5 relating to, repealed, p. 1218, Acts 1449, 1449a. Bonds for, p. 1218, Act 1449a. Boulevard commission, creation of, p. 1218, Act 1449a. Boulevard commission, election and terms of office, p. 1218, Act 1449a. Boulevard commission, powers of, p. 1218, .\ct 1449a. Boulevard districts, elections in, p. 1218. Act 1440a. Boulevard districts, formation and establishment of. p. 1218, .\ct 14498. Construction, acquisition, maintenance, control and use of bonlcTards, p. 1218, Act 1449a. Definition of, p. 1218, Act 14498. Taxes, lev.ving for acquisition, construction, maintenance and repair of, p. 1218. Act 1449a. BOUNDARIES. Cities, of. See Municipal Corporations. BRANT?. See Game Laws. BRIDGES. JSotwoen cities, towns or districts, construction, repair and maintenance of. p. .'507. § 2714. Bonds for acquisition, construction or completion of, how may be expended. p. 507. § 2714. Driving or riding over faster than a walk a misdemeanor, p. 209, { 590b. Provision as to who may repair when overseer fails to act, repealed, p. 508, § 2741. Supervisors authorized to pay part of construction out of general fund, when, p. 506. § 2712. Toll, application for establishment within one mile of established ferry, service of notice of, p. 509, § 2853. Toll, erection of within one mile of established toll bridge, p. 509, j 2853. BROKERS. See Insurance Cnmpnnies. BUILDING AND LOAN ASSOCIATIONS. Articles of incorporation, what to set forth, p. 142, S 633. Assessments, duty to pay, p. 972, Act 428. Banking business, not to hold itself out as doing, p. 867, Act 297. 5 12. INDEX. 2393 BUILDING AND LOAN ASSOCIATIONS (Continued). Bankiiij; act, provisions of not applicable to, p. 867, Act 297, § 12; p. 868, § 12a. Bureau of building and loan supervision, act of 1905 relating to, repealed, p. 984. Act 429. Bureau of building and loan supervision, art of 1911 relating to, p 973, Act 428. Bureau of building and loan supervision, creation of, p. 972, Act 428. Bureau of building and loan supervision, license fees to meet expenses of, p. 972, Act 428. Bureau of building and loan supervision, offices for, p. 972, Act 428. Bureau of building and loan supervision, secretary, creation, powers and duties of, p. 972, Act 428. Bureau of building and loan supervision, traveling and office expenses, p. 972, Act 428. Capital divided into shares, p. 143, § 634. Capital, of what consists and how accumulated, p. 143, § 634. Capital stock, guaranty or nonwithdtawable, amount to be issued before in- stallment or full paid investment certificates issued, p. 144, § 634, subd. e. Capital stock. See post. Shares, this subject. Certificates of, what to state, p. 142, § 633. Checking accounts not to be carried by, p. 142, § 633. Commissioner, appointment of, p. 972, Act 428. Commissioner, duties, powers and compensation, p. 972, Act 428. Directors, illegal loans by, punishment for, p. 144, § 637. Directors, loans to forbidden, p. 144, § 637. Directors, majority may be selected from holders of guarantee stock, p. 144, § 634, subd. f. E.^empt from provisions of bank act, p. 866, Act 297, § 12a. Exemption of property in liquidation from attachments, executions and liens, p. 972, Act 428. Fees, what only may be charged, p. 144, § 634, subd. g. Involuntary liquidation by trustees and proceedings in connection therewith, p. 972, Act 428. Licenses, procuring of by,'p. 972, Act 428. Loans by, p. 144, § 637. Loans, interest on, p. 145, § 638. Loans, repayment of, p. 145, § 638. Loans, security for, p. 145, § 638. Officers, loans illegal by, punishment for, p. 144, § 637. Officers, loans to, forbidden, p. 144, § 637. Penalties for violations of law and orders of commissioner, p. 972, Act 428. Powers of, enumerated, p. 142, § 633. Procedure in case of violation of law, p. 972, Act 428. Procedure where unsafe practices are reported, p. 972, Act 428. Repeal of acts relating to, p. 972, Act 428; p. 984, Act 429. Reports by, p. 972, Act 428. Reserve fund required of, p. 144, § 634, subd. e. Shareholders, issuance of certificates to, p. 143, § 634. Shares, capital to be divided into, p. 143, § 634. Shares, dividends on, p. 143, § 634. Shares, free, what are, p. 143, § 634. Shares, full paid, issuance of in classes, p. 143, § 634. 2354 INDEX. BUILDIKG AND LOAN ASSOCIATIONS (Continued). Shares, full paid, rights uf holder of, p. 143, § 034. Shares, full paid, what are, p. 143, § 634. Shares, guaraYiteed stock, conditions and liabilities attaching to. p 144. 5 ''^•l- Kubd. d. Shares, guaranteed stock, remains as fixed, permanent and guarantee capital, p. 144, § 634, subd. d. Shares, guarantee stock, to be kept unimpaired, p. 144, { 634, subd. d. Shares, guarantee stuck, what in, p. 144, § 634, subd. d. Shares, how paid fur, p. 143, S 634. Shares, installment, either serial or permanent, p. 143, i 634. Shares, in what furm may be issued, p. 143, § 634. Shares, juvenile, what are, p. 143, § 634. Shares, pass books or juvenile, fees, fines or forfeitures not chargeable against, p. 143, § G34, subd. c. Shares, passbooks or juvenile, matured value of, p. 143, S 634, subd. c. Shares, pass-books or juvenile, what are, p. 143, i 634. subd. e. Shares, puss-books or juvenile, withdrawal of, p. 143, { 634, subd. c. Shares, pass-book, what are, p. 143, § 034. Shares, permanent, dividends may be credited in pass-books of members, p. 14?. § 634. Shares, permanent, may be issued any time, p. 143, { 634. Shares, prior series, not to be issued after issue of shares of new serit-s, p. 14 3. 8 634. Shares, pledged, what are, p. 143. § 634. .Shares, serial, dues on, p. 143, { 634. Shares, serial or permanent, issuance in classes, p. 143, { 634. Shares surrendered or canceled become property of association and msy be reissued, p. 143, § 034. Stock, guarantee, majority of directors may be selected from holders of, p. 144. § 634, subd. f. BUILDINGS. See Pablic Buildings. Construction, maintenance and operation of elevators in buildings being con- structed, regulation of, p. 1143, Act 1025a.* Protection of workmen employed in, provisions for, p. 1410, .\ct 2141. Scaffolding and staging for protection of workmen, regulation of, p. 1411, .\ct •2141a. Temporary floors, failure to provide a misdemeanor, p. 1410, Act 2141. Temporary floors in buildings over two stories, p. 1410, Act 2141. Tenement houses. See Tenement Houses. BUREAU OF LABOR STATISTICS. See Labor Statistics. BURGLAR INSURANCE COMPANIES. Capital stock reiiuircd of, p. 309, § 594, subd. Iti. What included in burglary insurance, p. 307, J 594, subd. 10. BURGLARY. AVhat constitutes, p. 206, § 459. BURIAL. See Cemeteries: Cemetery Corporations; Soldiers and Sailori. K.xpeuses of. See Public Administrators. Uucluimed bodies, of. See Coroner. INDEX, 2395 BURNT OR DESTROYED RECORDS AND DOCUMENTS. See McEnerney Act. Adniissibility of abstracts of title in case of, p. 95, § 18,")5a. Patents for swamp land. See Swamp and Overflowed Lands. BUTTE COUNTY. Assessor, deputies, number, appointment and salaries, p. 709, § 4248, subd. 7. Assessor, salary, commissions and fees of, p. 709, § 4248, subd. 7. Auditor, salary of, p. 709, § 4248, subd. 4. Board of education, compensation and mileage, p. 711, § 4248, subd. 15. Classification of, p. 567, § 4006. Constables, salaries and fees of, p. 710, § 4248, subd. 13. Coroner, fees of, p. 709, § 4248, subd. 9. County clerk, deputy, appnintment and salary, p. 708, § 4248, subd. 1, County clerk, salary and allowances of, p. 708, § 4248, subd. 1. District attorney, assistant, salary of, p. 709, § 4248, subd. 8. District attorney, salary of, p. 709, § 4248, subd. 8. District attorney, stenographer, appointment and salary, p. 709, § 4248, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage, p. 711, § 4248, subd. 16. Jurors, trial, fees and mileage, p. 711, § 4248, subd. 16. Justices, salaries and fees of, p. 710, § 4248, subd. 13. Population of, p. 565, § 4005c. Population of townships, how determined, p. 710, § 4248, subd. 13. Provisions of code, when become operative, p. 711, § 4248, subd. 17. Public administrator, fees of, p. 709, § 4248, subd. 10. Recorder, copyist, appointment and salary, p. 708, § 424g, subd. 3. Recorder, salary of, p. 708, § 4248, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 597, 601, § 4149e. Sheriff, salary of, p. 708, § 4248, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 709, § 4248, subd. 11. Superintendent of schools, salary and expenses of, p. 709, § 4248, subd. 11. Supervisors, mileage as road commissioner, p. 711, § 4248, subd. 14. Supervisors, salary of, p. 711, § 4248, subd. 14. Surveyor, fees of, p. 710, § 4248, subd. 12. Tax collector, salary of, p. 709, § 4248, subd. 6. Treasurer, salary of, p. 709, § 4248, subd. 5. BUTTER. See Adulteration: Dairies; Oleomargarine. Certified, penalty for violation of law regulating production and sale of, p. 985, Act 472. Certified, regulation of production and sale of, p. 985, Act 472. Cold storage, regulation of sale of, pp. 1043, 1044, Acts 625, 626. Deception or fraud in manufacture and sale of, prevention of, p. 985, Act 471; p. 986, Act 473. Enforcement of provisions regulating manufacture, buying or selling and pun- ishment for violation of, p. 986, Act 473. Manufacture or sale of, from unhealthy animals, prevention of, p. 986, Act 473. Manufacture or sale of, from unsanitary conditions, prevention of, p. 986, Act 473. Regulation of sale of butter that has been in cold storage, pp. 1043, 1044, Acts 625 and 626. 23.&6 INDEX. BUTTEB (Continued). Renovated, fraud in manufacture and sale of, prevention of, p. 986, Act 473. Renovated, licensing manufacture and sale of, p. 986, Act 473. Renovated, regulating business of producing, buying and selling, p. 986, Act 4 73. BY-LAWS. See Religious, Social and Benevolent Corporations. c CACHE CREEK. Use of ueis, seines, weirs or traps in Cache creek or its tributaries, prohibited, p. 1198, Act 1340i. CALAVERAS COUNTY. Assessor, deputifs and compensation of, p. 779, { 42G9, subd. 7. Assessor, salary of, p. 779, $ 42(i9. subd. 7. Auditor, salary of, p. 779, i 4'269, subd. 4. Classification of, p. 569, 5 4006. Constables, population of townships, how ascertained for purpose of fixing salaries, p. 780, $ 4269, subd. 13. Constables, salaries, fees and expenses of, p. 780, } 4269, subd. 13. Coroner, fees of. p. 779, 5 42r,0. subd. 9. County clerk, salary of, p. 779, J 4269, subd. 1. District attorney, salary and expenses of. p. 779, $ 4269. subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4I49d. Jurors, grand, fees and mileage of, p. 781. $ 4269. subd. 15. Jurors, trial, fees and mileage of, p. 781, } 4269. subd. 15. Justices, pupulnlion of counties, how ascertained for purpose of fixing salaries, p. 780, S 42(")9, subd. 13. Justices, salaries and fees of. p. 780, § 4269. subd. 13. Population of, p. 566, § 40U5c. Public administrator, fees of. p. 779, 5 4269, subd. 10. Recorder, copyist, appointment and salary, p. 779, 5 4269. subd. 3. Recorder, salary of, p. 779. 5 4269, subd. 3. Reei.strar of voters, salary, fees, allowances, deputies and assistants, pp. 599, 601, § 4149e. Sheriff, jailer, salary of, p. 779, 5 4269, subd. 2. Sheriff, salary, expenses, commissions, fees and mileage, p. 779, I 4269. subd. 2. Superintendent of school, salary and expenses of, p. 780,5 4269, subd. 11. Supervisors, salaries and mileajre. p. 781. § 4269, subd. 14. Surveyor, fees of. p. 780, S 4269, subd. 12. Surveyor, to be given all county work, p. 780, $ 4269. snbd. 12. Tax collector, deputy and compensation of, p. 779, § 4269, subd. 6. Tax collector, salary and commissions on licenses, p. 779, } 4269. subd. 6. Treasurer, salary of, p. 779, { 4269, subd. 5. CALENDAR. Court, preference of causes arising under public utility act, p. 1783, Act 288( § C9. CALirORNLA HIGHWAY COMMISSION. Appropriation to p;iy claim of against slate, p. Iy67. Act 3798d. INDEX. 2397 CALIFORNIA INSTITUTION FOR DEAF AND BLIND. See Deaf and Blind Asylum. CALIFORNIA PIONEERS. Acceptance of gifts and levy of taxes for monuments to, p. 1201, Act 1356a. Appropriation for monument to memory of, near Donner Lake, p. 1006, Act 502. CALIFORNIA REDWOOD PARK. Board of commissioners for, creation of, p. 1006, Act 511. Commissioners, number, appointment, term of office and powers of, p. 1006, Act 511. Management of, p. 1006, Act 511. State iiighway from Saratoga Gap to, survey and construction of, p. 1009, Act 511a. Warden and assistants, appointment, duties and salary of, p. 1006, Act 511. CALIFORNIA SCHOOL FOR DEAF AND BLIND. Name of Deaf, Dumb and Blind Asylum in Berkeley changed to, p. 483, §§ 2236, 2237. Derives no revenue from public school fund, p. 483, § 2237. Object of, p. 483, § 2237. Part of school system of California, p. 483, § 2237. CALIFORNIA SCHOOL FOR GIRLS. Appropriation for, p. 1008, Act 511b. Maintenance and management of, p. 1008, Act 511b. Establishment of, p. 1008, Act 511b. CALIFORNIA STATE BOARD OF PHARMACY. Inspectors of as peace officers, p. 234, § 817. CALIFORNIA STATE REFORMATORY. Buildings and other improvements, construction of, p. 1012, Act 512. Commitments to, p. 1012, Act 512. Conduct and management of, p. 1012, Act 512. Equipment for, p. 1012, Act 512. Establishment of, p. 1012, Act 512. First offenders, setiding to, p. 1012, Act 512. Purchase of land for, p. 1012, Act 512. Transfer of prisoners to, p. 1012, Act 512. CALIFORNIA STATE TRADE AND TRAINING SCHOOL. Act authorizing the establishment of repealed, p. 1018, Act 513. CANALS. Highway, laying out across canals or ditches, procedure and damages, p. 505, § 2694. Private way for, laying out, procedure, p. 504, § 2692. Rivers, canalization of, investigation into and duty of governor and depart- ment of engineering, p. 2331, Act 4363a, CANCELLATION. Registration, of. See Elections. CANDIDATES. See Elections. 23Q8 INDEX. CAPITOL. Decoration of rotunda on main floor, appropriation for, p. 1968, Act 3808. Intoxicating liquors, 8(*lling or giving away of within or on grounds of, pun- ishment of, p. 193, J 172. Rooms for Orand Army of the Republic in. p. 1203, Act 1393. Rules and regulations guverning building and punishment for Tiolating, p. 335, § 717. Superintendent, appointees of enumerated, p. 335. { 718: p. 3.Sfl. } 719. Superintendent, appointees of, salaries of, p. 33.5, } 718: p. 336, 8 'IS- Superintendent of, appointment and term of office, p. 335, i 716. Superintendent of authorized to employ extra help during extra session of 1911, p. 1968, Act 3808. Superintendent, bond of, p. 334, S 716. Superintendent is a civil executive officer, p. 334, $ 716. Superintendent, powers and duties, pp. 334, 335, §S 716, 717. Superintendent, salary of and how paid, p. 334, { 716. CARRIERS. See Bapentre. CASUALTY INSURANCE COMPANIES. Capital slock required of, p. 307, 9 594, snbd. 16. AVhal includes, p. 307, § 594, snbd. 8. CATALINA ISLAND. See Santa Catalina IslandL. CATFISH. See Game Laws. CATTLE. See Animals. CAVALRY. See National Gnnrd. CEMETERIES. Burial, permits for use in an'Mhcr coniitv. issuinp, p. .t12. § 30S4. Burial, permit.s for use in another county, report of, p. 512, § 3084. Burials, regulations governinp. p. 513, { 3084. Cemetery corporations. See Cemetery Curporalionc. Control of, p. 513, 5 3109. Disinterments, regulations governing, p. 512. § 30S4. Public cemetery districts, provision for. p. 1018. Act 546. Public cemetery districts, trustees for. appointment, powers and term of office, p. 1018, Act 546. Public, inclosing and laying off info lots, p. 513, J 3109. Public, mnnapcment, conduct and regulation of, p. 513, J 3109. Removal of bodies from, p. 1019, Act 547. Rules for, p. 513. § 3110. Sextons and officers, appointment of, p. 513, § 3110. Streets throuiib. opening of, p. 1020, Act 548. Superintendents, reports of, p. 512, § 3084. CEMETERY CORPORATIONS. Borrowing funds of in violation of statute, punishment of, p. 209. { 573. Corporation of which director or officer it », stockholder not to borrow funds of, p. 209. § 573. INDEX. 2399 CEMETERY CORPORATIONS (Continued). Exemptiun of property from taxes, assessments, execution, etc., p. 1020, Act 549. Officer or director not to become obligor for moneys borrowed from, p. 209, § 573. Officer or director not to borrow funds of, p. 209, § 573. CEREAL CROPS. See Agriculture. CERTIFICATES. Partnership. See Partnership. CERTIFICATES OF DEPOSIT. See Banks and Banking. CERTIFIED COPIES. Patents, of, effect of, p. 546, § 3571. CHALLENGE. See Jury. Grand jurors, to. See Grand Jury. Voters, to, p. 377, § 1230. CHARITIES. See State Board of Charities and Corrections. CHARTERS. Counties, of. See particular title. Particular cities, of. See particular title. CHECKS. See Banks and Banking. CHEESE. See Adulterations; Dairies. Deception in manufacture and sale of, repeal of act of 1897 for prevention of, p. 985, Act 471. Imitation, licensing the producing, buying and selling of, p. 986, Act 473. CHILD. See Infants; Parent and Child. CHOLERA. See Animals. CITIES. See Municipal Corporations. CIVIL SERVICE. Assistant superintendents of public instruction not subject to provision of act providing for, p. 386, 5 1519, subd. 4. Commi.sision, creation of, p. 1025, Act 606. Commission, powers and duties of, p. 1025, Act 606. Commission, violation of provisions of act a misdemeanor, p. 1025, Act 606. CLAIM AND DELIVERY. Protection of plaintiff in possession of property after its delivery to him, p. 22, § 521. CLAIMS. Counties, against. See Counties. State, against. See Board of Control. CLAMS. See Game Laws. 2400 INDEX. CLASSiriCATION. Counties, of, p. 566, { 4006. Particular couDties, of. See partienlar county. CLZEGYMAN. Privileged communication between clergyman and ptriihioner. p. 96, { 1881. CLEEK OF COUKT. Acknowledtjment, clerk of court of record may t«ke, p. 153, } 1181. CLEVELAJiD NATIONAL FOREST. liuntiiiB in forbi'idin. p. 172."), Act 2875*. COAST ARTILLEEY. See National Guard. COCAINE. 8e« DruBS. COHABITATION. See Adultery. COU} STORAGE. Dispogition or sale of food kept or preserved therein, rejculation of, p I'^l^'. Act 624. Refrulation of refrigeration warehousea, p. 1040, Act 624. Regulation of sale of butter and egja that hate been In. pp. 1043, 1044, Acta 625. 626. State board of health, dutiea in relation to, p. 1040, Act 624. COLLECTORS. Whut ((luiity officers may not act ai or for collection asency, p. 820, i 4316. COLLEGE OF MEDICINE. 8*« University of Californi*. COLLEGES. See I'nivi-rsitiea. Any number o( persona may incorporalr. p. 146, { 649. Articles of incorporation, contents of. p. 146, | 649. OtHce of, where located, p. 146. i 650. Trusteea, number of, p. 146, $ G49. Trusteea, powors of, enumerated, p. 146, { 650. Trustees, quorum, p. 116, S 650. Trustees, term of office, p 146, { 650. Trustees, vacancies, how filled, p. 146, { 650. Trustees, vacancies, right of graduates to fill, p. 146, | 650, inbd. 2. COLLISIONS. See Automobiles; Motorcycles. COLUSA COUNTY. Assissor, saliiry of, p. 790, § 4273, aubd. 7. Auditor, salary of, p. 790, § 4273, subd. 4. Classification of, p. 569, § 4006. Constables, salaiies. expen.sea and fees, p. 791, } 4273, rabd. 14. Owroner, fees of, p. 790, { 4J73, subd. 9. County clerk, deputy, appointment and salary of, p. 789, { 4273. subd 1. County clerk, salary of. p. 789, 5 4273, suM. 1. Di.strict attorney, salary of. p. 790. § 427:?. subd. 8. Fish and game warden, salary and c.\pensea and how paid, p. 594, § 4149d. INDEX. 2401 COLUSA COUNTY (Continued). Justicps, salaries and fees of, p. 791, § 4273, suhd. 13. OflRcinl reporter, fees of, p. 791, § 4273, subd. 16. Population of, p. 566, § 4005c. Public administrator, fees of, p. 790, § 4273, subd. 10. Recorder, salary and fees of, p. 790, § 4273, subd. 3. Registrar of voters, salary fees, allowances, deputies and assistants, pp. 599, 601, § 4149e. Sheriff, deputy, appointment and salary, p. 790, § 4273, subd. 2. Sheriff, salary, commissions, fees and e.xpenses of, p. 790, § 4273, subd. 2. Superintendent of schools, salary and expenses of, p. 790, § 4273, subd. 11. Supervisors, salaries aud mileage, p. 791, § 4273, subd. 15. Surveyor, assistants, employment, compensation and expenses of, p. 791, § 4273, subd. 17. Surveyor, salary and e.xpenses of, p. 791, § 4273, subd. 12. Tax collector, salary of, p. 790, § 427:?, subd. 6. Treasurer, salary of, p. 790, § 4273, subd. 5. COMBINATIONS. See Trusts. COMMANDER-IN-CHIEF. See National Guard. COMMERCE. See Foreign Commerce; Interstate Commerce. COMMERCIAL BANKS. See Banks and Banking. COMMERCIAL TRAVELERS. See Licenses. COMMISSIONER OF HORTICULTURE. See County Horticultural Commissioner; State Horticultural Commissioner. COMMISSION GOVERNMENT. In certain cities. See ilunicipal Corporations. COMMON CARRIERS. See Baggage: Railroad Companies. Passes. See Railroad Commissioners. Pipelines. See Pipe-lines. Rates, changes in, p. 1742, Act 2886, § 15. Rates, limit on amount of, p. 1742, Act 2886, § 14b. Rates, schedule only can be charged, p. 1743, Act 2886, § 17, subd. 2. See Public Utilities. Rebates not to be given, p. 1743, Act 2886, § 17, subd. 2. Regulations concerning under public utility law. See Public Utilities. COIMMON COUNCIL. See Supervisors. COMPETITION. See Unfair Competition. COMPLAINT. Service of in condemnation proceedings against state or United States, p. 62. § 1240, subds. 8, 9. COMPROMISE. Guardians or guardians ad litem, authority to compromise claim, p. 15, § 372. 151 2402 INDEX. CONDEMNATION. See Eminent Domain. CONGRESS. See United States Senators. CongressioDal districts, p. 289, S 117. CONSEEVATION COMMISSION. Creation and estaldishmcnt of, p. 1044, Act 6R9. Expenses of and appropriation for, p. 1044, Art 689. Powers and duties of, p. 1044, Act 680. Waters, board of control for. See NVatf-rs. CONSOLIDATION. Actions to enforce mechanics' liens, of. p. .56, { 1195. Banks, consolidation of, p. 879, Act 2<)7, } 31«. Cities, of. See Municipal Corporations. County officers, what may be consolidated, p. 571, i 4017. Elections, of, p. 1134, Act 1022. Eminent domain, of proceedings in, p. 66, { 1244. Oflicers, consolidation of officers under charters authoriied. p. 2148, Act 4043. Oflices not consolidated to be filled by election or appointment, p. 571, S 4020. Public utilities, consolidation of, p. 1768, Act 2886, { 51*. Keclamation districts, of. See Reclamation Districts. School districts, o(. See Schools. CONSTABLES. Additional, petition required before appointment by supervisors, p. 571, { 4014 Cannot act as collector or for collection aBenry, p 820, { 4316. Cannot practice law or have law partn'T i> '*'2i), J 4316. Duties ot, p. 6f>3. 5 41«7. Fees of, p. 603, § 41H7. Limitation of actions apainst. p. 13, i 'A"iO. Number of in t.ownships, p. 571. { 4014. Particular county, of. See particular title. Peace officers, are, p. 234, 5 *117. Poundmaster, constable acting as. fees of, p. 603, { 4187. Poundniaster, when to act as, p. 803. } 41 1*7. Townsliip officers, are. p. 571, § 4014. Writs, process or notncs, constal.h- of township to serve, when. p. 603. J 41 S9. CONSTITUTION. Amendments, copies of conytilulion to be kept at pollwif; places, for consuIl!\ tion, p. 362. 5 UO.Sa. Amendments, p.imphlet containing, for advertising, contents of, p. 3'Vj 1195a. Amendments, pamphlet for advertisinp. how printed, p. 362, |1 195*. Amendmeuts, provision for dissemination of knowledge as to, p. 1047, Act 706. Amendments, publication of, p. 1047. -Vet 707. Amendments, special election for, p. 1047, .\cl 707. Amendments, statements for and against, preparation of, p. .161. } 1195. Amendments, stAtements for and against, printing and distribution of, p, 361. S 1195. CONTEMPT. See Public I'tilities. II. Power of legislature in, pp. 290, 291, §| 302, 303. INDEX. 2403 CONTEIMPT (Continupd). Power of public utility commiBsion in, p. 1773, Act 2886, § 54. Recovery of damagres against public utility does not affect liability for, p. 1785, Act 2886, § 73b. Recovery of penalties against public utility no bar to proceedings for, p. 1786, Act 2886. § 74b. CONTINTJANCE. Absence of evidence, showing necessary, p. 27, § 595. Absence of witness, procedure, p. 27, § 595. Attendance of attorney at legislature, p. 27, § 595. Mining property, continuance of action involving, to do development work, p. 27, § 595. ' Temporary restraining order, continuance of hearing, p. 22, § 527. OONTEA COSTA COUNTY. Assessor, deputies, number, appointment and salarie^s. p. 698, § 4245, subd. 9. Assessor, no compensation for collection of personal property taxes, p. 698, § 4245, subd. 9. Assessor, no compensation for collecting poll taxes or making out military- roll, p. 698, § 4245, subd. 9. Assessor, salary of, p. 698, § 4245, subd. 9. Auditor, clerks, appointment and salaries, p. 696, § 4245, subd. 4. Auditor, salary of, p. 696, § 4245, subd. 4. Classification of, p. 567, § 4006. Commissions for collecting poll taxes to be allowed county in settlement with state, p. 698, § 4245, subd. 9. Constables, determination of population of townships for purpose of fixing salaries, p. 700, § 4245, subd. 15. Constables, salaries, expenses and fees of, p. 700, § 4245, subd. 14. Coroner, fees of, p. 699, § 4245, subd. 10. Coroner, stenographer, appointment and salary, p. 699, § 4245. .subd. 10. County clerk, clerks, deputies and assistants, number, enumeration of, appoint- ment and salaries, p. 695, § 4245, subd. 1. County clerk, salary and allowances, p. 695, § 4245, subd. 1. District attorney, deputies and stenographer, appointment and salary, p. 697, § 4245, stibd. 7. District attorney, salary, p. 697, § 4245, subd. 7. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Judge, additional, for, p. 1050, Act 726. Jurors, compensation and mileage, p. 701, § 4245, subd. 17. Justices, fines, payment' of into treasury monthly, and report of, p. 699, § 42 45, subd. 13. ~ Justices, salaries and fees of, p. 699, § 4245, subd. 13. Population of, p. 565, § 4005c. Population of townships, fixing of by supervisors, p. 700, § 4245, subd. 15. Public administrator, fees of, p. 699, § 4245, subd. 11. Recorder, deputy, appointment and salary, p. 696, § 4245, subd. 3. Recorder, salary and allowances of, p. 696, § 4245, subd. 3. Registrar of voters, salary, fees and allowances, deputies and assistants, pp. 596, 601, § 4149e. Sheriff, allowance for feeding of prisoners, p. 696, § 4245. subd. 2. Sheriff, deputies, clerks, and employees, salaries of, p. 696, § 4245, subd. 2. 2404 INDEX. CONTRA COSTA COUNTY (Continned). Sheriff, salary, miUage, expenses and fees. p. 606. } 4245. subd. 2. Superintendent of (chools, deputy, ippointment and salary, p. 698, 9 4245, subd. 8. Superintendent of srhools, salary and expenses, p. 698, } 4245. subd. 8. Supervisors, fixing of popnlntion of town.ships by, p. 700. S 4245. subd. 15. Supervisors, salaries and mileage as supervisor and road commissi. iner. p. 700, S 4245. subd. 16. Knrvej"or, fees and expenses of, p. 699, S 4245, snbd. 12. Tax rollector and Iiren8<> collector, salary, p. 697, I 4245, subd. 6. Tax riillertor. deputy and copyists, appointment and salaries, p. 697. { 4245, subd. 6. Treasurer, bond of, p. 697. J 4245, subd. 5. Treasurer, bond of, cost of premium a roiintv rhar(t#, p. 697, | 4245, snbd. 5. Treasurer, bund of to be executed by surety company, p. 697, i 4245, subd. 5. Treasurer, rlrrk. nppolnlmrnt and salary, p. 696, { 4245. snbd. 5. Treasurer, salary of. p. 697, S 424S, subd. 5. CONTRACTORS. See Buildings; Mechanics' Liens; Public Works. CONTRACTS. Death of vendor before conveyance, rompletion of Mle by guardian of minor, p. 93. 5 IrtlOn. Indemnity, associations for exchange of contracts proTiding for. See In- demnity. CONTRIBUTORY NEGLIGENCE. See Master and Servant. CONTROL, bee Board of Control. CONTROLLER. Api)'iii\l<>os of, enumerated, p 297, J 4119. Api>ointoes of, salaries of and how paid. p. 298. J 440. Appointees of, what are civil executive officers, p. 297, | 439. Board of control to give statement of recommendations to on demand, p. 328, § 670. Claims over $20,000, proceediiiRS in case of, p. 29, { 4.13. Claims to be approved by board of control before warrant, p. .T28, S 672. Duties of. enumerated, p. 295. { 438. Inheritance tax. See Taxation. Tax deeds. See Taxation. Time ^>^ setllfuient with, by connty treasurer extended where school moneys misappropriated, p. 1055, Act 805 Transfer to school fund of thirteen dollars for each pupil in daily aver.ite attendance, p. 298. 5 443. Warrant, drawinc without authority, board of control to notify treasurer not to pay. p. 329. § 673. Warrant for rlaiin, not to draw until approval by board of control, p. 328. 8 (572. CONVENTIONS. Choo.sinK delepates for political parties to. p. 1084. Act 1010. CONVICTION. Accomplice, conviction on testimony of, p. 2t'2, § 1111. INDEX. 2405 COITVICTS. See Prisoners. CORONER. Cunsulidation of offices of district attorney and coroner, p. S71, § 4017. Consolidation of ofliccs of yjiiblic administrator and coroner, p. 571, § 4017. Contagious diseases, duty in cases of, p. 510, § 2979a. County officer, is, p. 570, § 4013. Limitation of actions against, p. 13, § 339. Particular county, of. See particular title. Sale of property of decedent or withdrawing of money from bank, without administration, p. 594, §4144. See Estates of Decedents. Statement of amount of money or property that came to his hands, filiLg of, p. 594, § 4144. Unclaimed body, duty to bury, p. 594, § 4144. Unclaimed body, expense of burying, how met, p. 594, § 4144. CORPORATIONS. Animals, corporations for prevention of cruelty to animals. See Corporations for Prevention of Cruelty to Children and Animals. Articles of incorporation, signatures and acknowledgments of directors, p. 113, § 292. Articles of incorporation, subscribers, majority must be residents, p. 113, § 292. Articles of incorporation, subscription and acknowledgment, p. 113, § 292. Banking. See Banks and Banking. Banking corporations. See Banking Corporations. Blacklisting by. See Master and Servant. Cemetery corporations. See Cemetery Corporations. Colleges. See Colleges. Cruelty to children and animals, corporations to prevent. See Corporations for Prevention of Cruelty to Children and Animals. Delinquent stock sale, extension of time of, how made, p. 116, § 345. Delinquent stock sale, extension of time of, who may make. p. 116, § 345. Delinquent stock sale, time of may be extended, p. 116, § 345. Electric corporations. See Electric Corporations. False representations as to financial condition a misdemeanor, p. 207, § 532a. Fees required of, p. 292, § 409. Foreign corporations, failure to file articles, penalty, p. 118, § 410. Foreign corporations, proceedings on failure to file articles, p. 118, §410. Foreign corporations, what exempted from provisions of Civil Code, p. 118, § 410. Gas companies. See Gas Companies. Heating corporations. See Heating Corporations. Investment companies. See Investment Companies. License, failure to pay, provision for settling affairs of corporation, p. 1052, Act 758. License, failure to pay, rehabilitation of corporation, p. 1052, Act 758. License upon, repeal of act relating to, p. 1052, Acts 757, 758. Meetings, members, who may vote at, p. 115, § 321b. Meetings, proxies, executors, administrators, guardians and trustees may give, p. 115, § 321b. Meetings, proxies, how executed, p. 115, § 321b. Meetings, proxies, length of time for which valid, p. 115, § 321b. Meetings, proxies, revocation of, p. 115, § 321b. 2406 INDEX. COEPORATIONS (Continued), ^leetinjjs, proxies, who may act as where no capital stock, p. 115. } 321b. Meetings, stockholders, who may vote at, p. 115. $ 321b. Mortgage insurance corporations. See Morleage Insurance Corporations. Mutual benefit ariKociations. See Mutual Beiiffit Associations. OfTensfH against p\iblic utility art by corporations other than public utilities, penally for, p. ITi^T, Act 2«H6, § 78. OfTonsfs aeainst puMic utility act by officers or employees of eorporations other than public utilities, penally for, p. 1788, Act 2886, $ 79. Public utilities. See Public Utilities. Keligioua, social and benevolent corporations. See Religious, Social and Benevolent Corporations. Seminaries of learning. See Seminaries of Learning. Kervice of sumnions on may be made by public^ition when, p. 17. J -412. Htock in name of pledgee or tnislee, how represented, p. 114. 5 313. .Slock of minor, insane person or decedent, hi)w represented, p. IM, § 313. Stuck of public utility corporations. Sec Public Utilities. Surety comjianies. See Surety Companies. Taxation ot for benefit of state, p. 2151, Act 4065. Trust companies. Bee Trust Companies. Trust corporations. See Trust Corporations. CORPORATIONS FOB PREVENTION OF CRUELTY TO CHnJ)REN AND ANIMALS. Alkiwuiices to by city, amount of and how paid. p. 139, i (iu7f. Ihunane oflicer, acting as without nuthurity a misdemeanor, p. 140, |607f. Humane officers, appointment, filing certified copy of approval with county clerk, p. 140, § COli. Iluniane oflicer.s, appointments, how made, p. 140, { 607(. Humane officers, appointment, report of to judge and duly of juilire r> 111. § 607f. Ilntnane officers, arresting ofTender, showing badge, p. 140. { 607f. ilnuiane officers, issuing false statements as to a misdemeanor, p. 14u, J i.nTf, lluinaim officers, number that may be appointed, p. 140, i 607f. lluniano officers, oath ot, p. 140, S 007f. Humane officers, powers of, p. 140, J 607f. Humane officers, (lualifications of, p. 140, § 607f. Hninane officers, record of by county clerk, duty as to and fee for, p. 14''. § (imeiit and dissolution of, p. 1350. Act 1732f. COUNTY JAILS. See .Tails COUNTY LIVESTOCK INSPECTOR. See Livestock Inspector. COUNTY WATER DISTRICTS. See Water Districts. COURT COMMISSIONER. Acknowlcdenieiit, may take, p. 155, 5 1181. COURT REPORTERS. See Shorthand Reporters. COURTS. See district Courts of Appeal; .ludfres; Superior Judges; Supreme Court. Preference of cnu.«es arisii>K under public utility act on court calendar, p. 17S.1. Act 2886. i 60. Rules of. See Rules of Court. INDEX. 2411 CRABS. See Game Laws. CRAPPIE. See Game Laws. CRAWFISH. See Game Laws. CREDIT. Commission to investifrate European system of rural credits, creation of, p. 845, Act 78c. CREDIT INSURANCE COMPANIES. Capital stock required of, p. 309, § .594, subd. 16. What included in credit insurance, p. 307, § 594, subd. 11. CRIMES. Particular crime. See particular title. Cancellation of registration of persons convicted of crimes, p. 353, § 1106a. CRIMINAL LAW. Cancellation of registration of persons convicted of infamous crimes, pp. 353, 354, §§ 1106, 1106a. Particular crimes. See particular title. Prisoners. See Prisoners. VThittier State School. See Whittier State School. CRIMINAL PLEADING. See Indictment ;- Information. CRIMINAL PRACTICE. Accomplice, conviction on testimony of, p. 242, § 1111. Appeal. See Appeal. Arraignment, consists in what, p. 238, § 988. Arraignment, who to make, p. 238, 5 988. Counsel, right |f defendant to, p. 232, § 686. Defendants in A-iminal actions, rights of, p. 232, § 686. Grand jurors. See Grand Jury. Husband and wife, competency of as witnesses in criminal actions, p. 96, § 1881: p. 1279, § 1322. Judge, substituted, powers of, p. 240, § 1053. Judge, substitution of on death or illness of judge or inability to proceed, p. 240, § 1053. Judgment, inquiry into history, antecedents, environment, etc., of defendant, p. 247, I 1203, subd. 8. Judgment, time for pronouncing, generally, p. 244, § 1191. Judgment, time for pronouncing where defendant's sanity questioned p. 244, § 1191. Juvenile court. See Juvenile Court. Probation. See Probation; Juvenile Court. Sentence, first offenders, sending to California State Reformatory, p. 1012, Act 512. Trial, speedy, defendant has right to, p. 232, § 686. What offenses prosecuted by indictment or information, p. 232, | 682. Witnesses, right of defendant to be confronted with. p. 232, § 686. Witness, testimony of at former trial, when may be read, p. 232, § 686. Witnesses, testimony of taken at preliminary examination, when may be read, p. 232, § 686. 2412 INDEX. CROPS. See Agriculture. CROSS-COMPLAINT. Divorce, in. See Divorce. CROSSINGS. See Public Utilities, TT; Railroads. CEXXELTT TO ANIMALS. See Corporations for Prevention of Cruelty to Children and Animalx. CURATIVE ACTS. See Acknowledgments; Regivtration. CURLEW. See fiame Laws. D DAIRIES. See Butter: Cheese. Itiitter. See Adulteration. Cheese. See Adulteration. Cold storace. See Cold StoraRe. Cream. See Adulteration. Deception or fraud in production and sale of dairy products, preTenlion of, p. 986. Act 473. Manufacture or sale of dairy products from unhealthy animals, prevention of, p. '.M<), Act 47:1. Manufacture or sale of dairy produri* fmni uiis.-«iiii«ry cundiiionx. prevention of, p. 98(5. Act 473. Milk. See Adulteration. Oleomarpnrine. See Olenmarirari'ie. Punishment for violation of law reKulating producing, buying and selling dair; products, p. 986, Act 473. Regulation of businesa of producing, selling and baying dairy produ'-'*. p. iMfi, Act 473. . Standard for evaporated milk and condensed milk, eat«blsbment of, p. lu'>.<. Act 878. DAMAGES. HIaiklislinp, for, p. 231, $ 653e. llichwnys crossing railroads, street railways, canals or ditches, damages on, p. SO.-i. S 2(i94. Mandnmus, in. See Mandamus. Public utility, liability for unlawful acts or omissions, p. I'S.S, Act 2*"'" i 73a. Public utility, punitive damages may be awarded againat, when, p. 1785, A-: 2886, § 73a. DAVIS. I'niversily farm at. See I'niversity of Calif"rnia. DEADLY WEAPONS. See Weapons. DEAF AND BLIND ASYLUM. .\piioiiilinfnt of directors by governor, p. 291. § 368. Berkeley, luiililiii!; for instruction in manual and industrial arts erection s' i equipment of, p. 10,">9. .Vet 895. INDEX. 2413 DEAF AND BLIND ASYLUM (Continued). Berkfli'.v, iiniiripvi'iiients upon grounds and streets adjacent thereto authorized, p. 1059, Act 894. Berkeley, name changed to California School for the Deaf and Blind, p. 483, §§ 2236, 2237. DEATHS. See Cemeteries: Estates of Decedents; Guardian and Ward. Applicant for public land, death of before patent issued, proceedings to deter- mine who are heirs, p. 90, § 1724. Certified copies of death record, duty to furnish, p. 1060, Act 897. Certified copy of death record as evidence, p. 1060, Act 897. Child, death of, pending administration of estate, proceedings in case of, p. 87, § 1665. Compensation for wrongful causing of, p. 1060, Act 896. Executor, of. See Executors and Administrators. Executor or guardian, of, settlement of accounts, p. 85, § 1639. Fees for furnishing certified copies of death record, p. 1060, Act 897. Guardian, of. See Guardian and Ward. Parent, custody of child on, p. 109, § 197. Partition, effect of death pending, p. 34, § 763; p. 36, § 766. Partition proceedings, death of party, effect of and proceedings on, p. 34, § 763. Spouse, of, effect on homestead. See Homesteads. Vendor, death of before conveyance, completion of sale by guardian of infant, p. 93, § 1810a. DECEDENT'S ESTATES. See Estates of Decedents. DEEDS. Executed under court process as evidence of transfer, p. 98, § 1928. Lost, actions against state to quiet title in case of. See State. Provision against additional recording of instruments, p. 593, § 4135b. DEER. See Game Laws. DEFAULT. Bill of exceptions need not be served on party defaulting, p. 30, § 650. What papers need not be served on party defaulting, p. 30, § 650. DEFENDANTS. Criminal actions, in, rights of, p. 232, § 686. See Criminal Practice. Criminal actions, testimony before grand jury, service of on, p. 236, § 925. DEFLMITIONS. Baggage, p. 174, § 2181. Bank. p. 861, Act 297, § 2. Boulevard, p. 121S, Act 1449a. Mutual fire insurance companies, p. 1286, Act 1672b. Pandering, p. 1057, Act 865. Pimping, p. 1058, Act 866. Policy of title insurance, definition of, p. 124, § 453v. Surplus line broker, p. 311, § 596. Trust companies, p. 862, Act 297. § 6. Trusts, court, p. 911, Act 297, § 101. 2414 INDEX. DEFINITIONS (Continued). TruBt.s, private, p. 911, Act 297, S 101. Words used in Political Code defined, p. 260, 5 7. DELINQUENT CHILDEEN. See Juvenile Court. DEL NOETE COUNTY. Assessor, salary of, p. 812, S 4285, gubd. 7. Auditor, salary of, p. 812, } 4285, subd. 4. Classification of, p. 570, S 4U06. Constables, fees of, p. 812, S 4285. subd. 14. Coroner, fees of, p. 812, S 42 H5, subd. 9. County clerk, deputy, appointment and salary, p. 912, § 4285, subd. 1. County clerk, salary and allowances of, p. bl2, S 4285, subd. 1. District attorney, salary and fees of, p. 812. i 4285, subd. 8. Fish and game warden, salary aiid expenses and huw paid, p. 594, J 4149d. Jurors, ^rand, fees and mileage, p. 813, S 4285, subd. 17. Jurors, trial, fees and mileage, p. 813, { 4285, aubd. 17. Justices, fees of, p. 812, $ 42H5, subd. 13. OfTicial reporter, salary and fees of, p. 813, i 4285. subd. 16. Population of, p. 5GC, $ 4005c. Public administrator, fees of. p. 812. S 4285, subd. 10, Recorder, co|)yist, appointment and salary of, p. 812, S 4285, subd. 8. Recorder, salary of, p. 812, { 4285, subd. .1. Registrar of voters, salary, fees, allowauces, deputies and assislants, p. COl, § 4149e. .SherifT, jailer, appointment and salary at, p. 812, I 4285, tlibd. 2. Sheriff, salary of, p. 812, { 42S5, subd. 2. Superintendent of schools, salary of, p. 812, { 4285, snbd. 11. Supervisors, salary and mileaco i>f, p. 812. } 4285, subd. 15. Surveyor, fees of, p. 812, 5 428."), snbd. 12. Tax collector, salary of, p. 812. S 4285, subd. 6. 'rrek."turir, salary of, p. 812, 5 4285, subd. 5. DENTISTRY. Kesulation of practice of, amemlnicnt of act relating to, p. 1061, .\rl <»22. DEPARTMENT OF ENGINEERING. .\(lsis..ry iM.jiril. nuiiinc powers and duties of, p. 1971. .\ct 3812, J 7. Advisory board, or;;anizntion and se.-il, p. 1970, Act 3812, { 3. Advi.sory board, i)ower as repards public works, p. 1971, Act 3812. J 7. Advisory board, who to constitute, p. 1970, Act 3812, J 1- Appointment of, p. 1970. .\ct 3812. 5 1- Architect, state, powers, duties and bond, p. 1973, Act 3812,$ 11. Cunnlization of rivers, investigation into practicability of, p. 2331. .\ct 4368a. Consists of whom. p. 1970, Act 3812, S 1. Consulting board, number, appointment, powers and duties, p. 1970. Act 3812, § IS. Cre.ition of, p. 1970, Act 3812. § 1. Hichway engineer and assistants, 8ppointro<"i« .Imiofi and salari-<< p. 1971, Act 3812. § tia. Powers and duties of. p. 1970. Act 3812, S 1 Public works, power of advisory board as to, p. U'Tl, Act 3812, { 7. INDEX. 2415 DEPARTMENT OF ENGINEERING (Continued). Kcrtif \ iii(,' cIkiuiii'Ik of SacraiiiiMito, San Joaquin and Feather rivers and appro- priiltion for, p. 233'J, Act 4368b. Salaries and expenses of officers and assistants, p. 1973, Act 3812, § 17. Salaries and wages, revolving fund for, p. 1974, Act 3812, § 19^ State highways, authority and power regarding, p. 1972, Act 3812, § 9. State engineer, appointment, powers and duties of, p. 1970, Act 3812, § 2. State engineer, head of department, p. 1970. Act 3H12, § 2. State engineer holds at pleasure of governor, p. 1970, Act 3812, § 3. DEPENDENT CHILDREN. See Juvenile Court. DEPOSITIONS. Members of board of control may take, p. 325, § 659. Public utility commission may take, p. 1774, Act 2886, § 56c. DEPOSITS. Hanks, in. See Banks and Banking. DEPUTIES. See Offices and Officers. DESERTION. Seamen, of, provision as to repealed,, p. 230, § 644. DICE. Use of dice having more than six faces, punishment' of, p. 199, S 330a. DIPLOMAS. See Schools. DIRECT LEGISLATION. See Initiative; Referendum. DIRECT PRIMARY LAW. See Elections. DIRECTORS. Bank, of. See Banks and Banking. Number of, in corporations not organized for profit, p. 13G, § 593. DISCRIMINATION. See Unfair Competition. DISEASE. See Animals; Public Health. Occupational, reporting, p. 1706, Act 2827. DISINTERMENT. See Cemeteries. DISMISSAL. Dismissal of action after transfer where fees not paid, p. 26, § 581b. Filing transferred pleadings anew without fee after dismissal, p. 26. § 581b. Indictment or information, of, as a bar, p. 239, § 1008. Proceedings under mechanic's lien law for want of prosecution, p. 54, § 1190. DISSOLUTION. Banks, dissolution of. See Banks and Banking. DISTRIBUTION. Estate of decedent, of. See Estates of Decedents. 2416 INDEX. DISTEICT ATTORNEY. ConBolidation of oflices of district attorney and coroner, p. 571, S 4020. County officer, is, p. 570, § 4013. Disqualification of, attorney general may employ special counsel, p. 302, S 472. Duty to aid in enforcement of public utility act, p. 1785, Act 2986, 5 72. Election officer violating law, prosecution of, p. 347, { 1095a. Monthly count of money in treasury, p. 592, { 4097. Must have been admitted to practice in the supreme court, p. 575. § 4023. Not to defend any person, association or corporation charged with crime, p. 602, § 41.''>(ib. Particular county, of. See particular county. Powers and duties as to g^rand jurors. See Grand Jury. DISTEICT COURT OF APPEAL. OfliccrR of, enumerated, p. 337, { 758. Officers of, salaries of, p. 337, 8 758. DITCHES. See Canals. DIVIDEND. See Fire and Marine Insurance Corporations; Till* Iniuraoce Corpo rations. Banks, by. See Banks and Banking. DIVORCE. Coniitlnint, facts required to be Rtated. p. 19. $ 42Ca. ("ro.ssconiplaint in, crosscomplHinant must personally Terify, p. 106, ) 128. Crosscomplnint in, cross coniiilainaiit need lu.t be a resident, p. 106, } 128. Residence of plaintiff, what necessary, p. li'O, i 128. DOCTORS. See Medicine. DONNER LAKE. A|ipropri!ition for monument in memory of California pioneers near, p. 1008, Act 502. DOVE. See Game Laws. DRATNAOE DISTRICTS. Knii'lo.vnent of expert in ajrriculture by. p. 845, .\ct 78b. Knight's Landing ridpe driiiiiacc district, act relating to, p. 1062, Act 977. Sacramento and Snu Joac|uia draina^re district, p. 1867, Act 3035. Sacramento draitiage district, repeal of act creating, p. 1083, Act. 979. DRUGS. Adulterated, mislabeled or misbrauded, prevention of manuiacture, sale or transporlation, p. 825, Act 30. Arrest of drug hn)>itues. hearing and commitment to asylum, p. 481, ] 2185c. Bringing into prison, jail or reformatory a felony, p. 193, $ 171a. Prug habitues committed to asylum, discharge and parole of, p. 481, { 2185c. Poisons. S'eo Poisons. Regulation of sale of, p. 1664, Act 2724. DRYDOCKS. Harbor commissioners authorized to construct dryJocks and to regulate tolls, p. 1205, Act 1430a. INDEX. 2417 DUCKS. See Game Laws. DYNAMITE, See Explosives. EDUCATION. See Schools. EaGS. Ould storage, regulation of sale of, pp. 1043, 1044, Acts 625, 626. EL DORADO COUNTY. Assessor, fees and salary of, p. 793, § 4274, suhd. 7. Auditor, salary and allowances of, p. 793, 5 4274, subd. 4. Board of education, compensation and mileage of, p. 795, § 4274, subd. 16. Boundaries of, p. 564, § 3927. Classification of, p. 569, § 4006. Constables, fees and expenses of, p. 794, § 4274, subd. 14. Coroner, fees of, p. 793, § 4274, subd. 9. County clerk, deputy, appointment and salary, p. 792, § 4274, subd. 1. County clerk, salary and allowances of, p. 792, § 4274, subd. 1. District attorney, salary of, p. 793, § 4274, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Jurors, grand, compensation and mileage of, p. 795, § 4274, subd. 17. • Jurors, trial, compensation and mileage of, p. 795, § 4274, subd. 17. Justices, fees to be turned into treasury, p. 793, § 4274, subd. 13. Justices, salaries of, p. 793, § 4274, subd. 13. Placerville is county seat of, p. 564, § 3927. Population of, p. 566, § 4005c. Public administrator, fees of, p. 793, | 4274. subd. 10. Recorder, copyist, appointment and salary of, p. 792, § 4274, subd. 3. Recorder, salary, fees and allowances of, p. 792, § 4274. subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 600, 601, § 4149e. Sheriff, salary, fees, commissions, mileage and expenses of, p. 792, § 4274, subd. 2. Superintendent of schools, salary and expenses of, p. 793, § 4274, amhd. 11. Supervisors, salaries and mileage of, and expenses as road overseers, p. 794, § 4274, subd. 15. Surveyor, fees of, p. 793, § 4274, subd. 12. Tax collector, salary and commissions on licenses collected, p. 793, § 4274, subd. 6. Treasurer, salary and allowances of, p. 793, § 4274, subd. 5. Witness, fees of, p. 795, § 4274, subd. 17. ELECTIONS. See Referendum. Affidavits. See post, this title. Registration. Affidavits and indexes, what may be used in election between January 1st and April 1st of year of new registration, p. 344, § 1094. Affidavits, before whom made, generally, p. 348, § 1097, subd. 5. Affidavits, names must be entered in duplicate, p. 346, § 1095. 152 2418 INDEX. ELECTIONS (Continued). Ballots all to be of same size, arrangement, paper, type, etc., p. 369. ] 1197, subd. 7. Biillots, ballot pads to contain not less than ten ballots, p. 373. { 1199. Ballots, binding of in books, p. 373, S 1198. Ballots, blank sparps in for writing names, p. 362, { 1196. Ballots, books of, number of ballots in, p. 37.'t. { 1198. Ballots, duly of county rlt-rk to furnish, p. a6'2, { 1196; p. 373, S 1199. Ballots, form of, p. 363, { 1197. Ballots, instructions to Toters on, p. 370, J 1197. subd. 10. Ballots, length of, p. 3r,'J, ; 1196; p. :if)4, 5 1197, subd. 4. Ballots, marking of, ballot when void and when not. p. 376. I 1211, Ballots, markH, distingtiiKhing not to be plarod on, p. 376, } 1215. Jiallots, marks, unauthorized, when only invalidate, p. 376, { 1211. Ballots, names of all candidates to be on, p. 363, S 1197, subd. 1. Ballots, names to be printed on, p. 3r.2. { 1196. Ballots, none but officer to rcreive. j). 376. ( 1215. liullots, no one but officer to exomino or U* ask to aee, p. 376. } 1215. Ballots, no other person than an ofliror to dolivcr, p. 376, i 121.5. Ballots not printed by county clerk or under other aulhuritjr not to b- counted, p. 362, $ 1196. Ballots not to be shown after they arc marked, p. 376, S 1215. Ballots not to bo removed from polling place before closins of polls, p. 37C. § 1215. Ballots, number to be furnished, p. 373, S 1199. Ballots, one form of, p. 303,} 1107, subd. 1. Ballots, order of names of officers, pp. 364, 365. S 1197, subd. 2. Ballots, order of questions and propositions, p. 366, | 1197, subd. 8. Ballots, paper for, p. 3(52,5 ll'.'ti. BalloLs, printinR names of candidates for United States senator on. p. 362, § 1106. Ballots, questions or propositions on. attorney general to prepare form of, p. 306, § 1197, subd. 3. Ballots, (luestions or propositions on, distinguishing ballot title from legis- lativo title, p. 300, § 1197, subd. 3. Ballots, questions or propositions on, duty of attorney general in preparing. p. 3()0, § 1197, subd. 3. Ballots, questions or propositions on, mailing form of to persons interested. p. 3 00. § 1197, subd. 3. Ballots, questions or propositions on, objections to form of and proceedings on, p. 360, § 1197, subd. 3. Ballots, questions or propositions on, propositions column, p. 370,1 1197, subd. 9. Ballots, questions or propositions on, statement of purpose, p. 366,11197, subd. 3. Ballots, questions or propositions on, submission of form of by person inter- ested, p. 366, S 1197. subd. 3. Ballots, receiving of after closing of polls, p. 359, i 1164. Ballots, record of. p. 373, § 1198. Ballots, sample, mailing of, p. 375, § 1210. Ballots, sample, number of, p. 375, 5 1210. Ballots, sample, printing of, p. 375. § 1210. Ballots, separate, for every election, p. 362, S 1196. INDEX. 2419 ELECTIONS (Continued). Ballott,, titles of officers to be on, p. 363, § 1197, subd. 1. Ballut8, to contain names of all candidates, p. 362, § 1196. Ballots, unused, destruction of, p. 373, § 1199. Ballots, void, to be preserved and returned with other ballots, p. 376, § 1211. Ballots, void, when, p. 376, § 1211. Ballots, voter how to prepare, mark or stamp, p. 374, § 1205. Ballots, voter may write in name of any person, p. 362, § 1196. Ballot, voter not to deliver any ballot other than one he receives to officer, p. ;n6, § 1215. Ballot, voter not to receive from other than officer, p. 376, § 1215. Ballots, where office to be filled for full term and also for vacancy, p. 369, § 1197, subd. 8. Ballots, where two or more officers to be elected for same office for different terms, p. 369, § 1197, subd. 8. Ballots, width of, p. 362, § 1196; p. 367, § 1197, subd. 4. Ballots, writing names on, p. 362, § 1196. Ballots, written names to be counted when, p. 376, § 1211. Board of elections, acting as officer without qualifications, punishment of, p. 357, § 1142. Board of elections, appointment of, p. 357, § 1142. Board of elections, apportionment between two parties, p. 357, § 1142. Board of elections, canvass of votes, number that may conduct, p. 357, § 1142. Board of elections, consists of what officers, p. 357, § 1142. Board of elections, duties of, p. 357, § 1142. Board of elections, duties, how apportioned among officers, p. 357, § 1142. Board of elections, eligibility and qualifications of members, p. 357, § 1142. Board of elections, final certificate to be signed by majority, p. 357, | 1142. Board of elections, notice of appointment, p. 357, § 1142. Board of elections, not more than two members to be absent at any one time, p. 357, § 1142. Board of elections, officers, how apportioned among parties, p. 357, § 1142. Board of elections, person acting without necessary qualifications or refusing to act, punishment of, p. 357, § 1142. Board of elections, publication of names of, p. 357, § 1142. Board of elections, qualifications of officers, p. 357, § 1142. Board of elections, refusal to act as officer of, punishment of, p. 357, § 1142. Board of elections, what officers constitute, p. 357, § 1142. Boulevard districts, in. See Boulevards. Candidates, certificates of nomination, filing of, p. 360, § 1192. Candidates, certificates of nomination, time of filing, p. 360, § 1192. Candidates, certifying lists by secretary of state to county clerks, p. 365, § 1197, subd. 2-a. Candidates, certifying names of candidates, provision as to repealed, p. 361, § 1193. Candidates, filing of certificates of nomination, provision as to repealed, p. 359, § 1189. Candidates, how nominated other than at a primary election, p. 359, § 1188. Candidates, limitations upon nominations, provision as to repealed, p. 360, § 1190. Candidates, nomination of, provision as to repealed, p. 359, § 1186. Candidates, nomination otherwise than by primary, manner of, p. 359, § 1188. Candidates, nominations, certifying of, provision repealed, p. 359, § 1187. 2420 INDEX. ELECTIONS (Continued). Candidates, nominations in lieu of primary, manner of, p. 359, S 1188. Candidates, nominations sent to county committee, provision as to repealed, p. .361, § 1194. Canvass of returns, additional clerks where over five hundred precincts, p. 379, i 1280. Canvass of return, notice of place of making, p. 379, { 1280. Canvass of returns not to begin until all returns are received, p. 379, i 1280. Canvass of returns, place where made, p. 379. i 1280. Canvass of returns, to be made in public, p. 379, { 1280. Canvass of returns, when to begin, p. 379, J 1280. Cards of instructions for voters, printing and posting of, p. 375, S 1210. Challenge, grounds for, p. 377, i 1230. Challenge, how determined or tested, p. 378, S 1235. Challenge, may be oral, p. 377, } 12.30. Challenge, proceedings on determination of, section repealed, p. 378, S 1258. Challenge of vote, right of, p. 373, { 1204. Choosing delegates for political parties, p. 1084, Art 1010. Clerk, duties of, p. 342, $ 1078. Commissioners in cities and counties over 400.000. See S«n Francisco. Commissioners of, city, clerk or secretary of common council is es-officio clerk or secretary of, p. 342, S 1077. Commissioners of, city, common council are, p. 340, { 1075. Commissioners of county, county clerk is exofficio clerk of, p. 342, i 1077. Commissioners of county, county supervisors are, p. 340. | 1075. Commissioners of, deputies and clerks, •ppoiniment, qualificalions, salaries and clerks, p. 342, i 1077. Commissioners of in San Francisco. See San Francisco. Congressional election returns, abstract of, clerk to seal, indorse and trans mil to secretary of state, p. 381, } 1345. Consolidation of, authnrized, p. 1134, .\ct 1022. Consolidation of, procedure, p. 1134, Act 1022. Constitutional amendments. See Constitution. Kleclioneering within one hundred feet of polls forbidden, p. 876, i 121S. Elector, certified copy of uncanceled registration is evidence that one ia, p. 355. § 1117. Elector not to apply for or receive ballot except at precinct where entitled to vote, p. 37(5, S 1215. Electors of President and Vice President, nomination of, p. 1084, Act 1010. Electors, qunliflcations of, p. 343,8 1083; p. 347. S8 1096, 1097. Electors, qualified, who are. p. 343, J 1U83. Electors, who entitled to vote, p. 355. { 1120; p. 356, S 1121. Evidence that one is an elector, copy of uncanceled registration, p. 355, (1117 Expenditures for election purposes, control and supervision over by coram ;^ sioners, p. 343. § 1079. Expenditures over $500, duty to call for bids, p. 843, $ 1079. Holding between January Ist and April 1st of year of new registration, what atfidavits may be used, p. 344, { 1094. Initiative petitions, who may sign, p. 344, § 1083a. Tnspectors, powers of, p. S.SS, § 1145. Instructions to voters, cards of, mailing and posting, p. 375, | 1210. Landlords, duty to furnish lists of lodgers and penalty for refusal, or for falsa list, p. 344, S 1094. INDEX. 2421 ELECTIONS (Continued). Lists furnished by landlords or lodging-house keepers, duty of officers in re- lation to, p. 344, § 1094. Lists of persons whose votes are to be challenged, furnishing to officers, p. 344, § 1094. Lists of voters and tally lists to be retained and open to inspection for six months, p. 379, § 1216. Local option, election on question of, p. 1301, Act 1696. Lodging-house keepers, duty to furnish lists of lodgers and penalty for refusal or for false list, p. 346, § 1094. Mailing sample ballots to electors, p. 375, § 1210. Mailing voting number of elector and location of polling-place to voters, p. 375, § 1210. Marriage, change of name by, manner of voting, p. 373, § 1204. Municipal, how conducted, p. 339, § 1044. * Municipal, registers to be used at, p. 356, § 1121. Municipal registration, necessity of and how made, p. 355. § 1120; p. 356, § 1121. Municipal, who entitled to vote at, p. 355, § 1120: p. 356, § 1121. N6niinating petitions, who may sign, p. 344, § 1083a. Number of voles necessary to elect, p. 339, § 1066. Oath, false, is perjury, p. 342, § 1077. Oaths, what oificers may administer, p. 342, § 1077. Officers, assigning or receiving assignment of compensation a misdemeanor when, p. 340, § 1072a. Officers, electioneering on election days within one hundred feet of polls for- bidden, p. 376, § 1215. Officers, not to disclose names of candidates for whom electors have voted, p. 376, § 1215. Officers of. See Offices and Officers. Official matter only to be mailed to elector, p. 375, § 1210. Paper for election ballots, duty as to, p. 362, § 1196. Party county central committees, election of, p. 1084, Act 1010. Petitions, qualifications for signing, p. 344, § 1083a. Polls, closing of, proclamation at, p. 359, § 1164. Polls, closing of, receiving ballots after, p. 359, § 1164. Polls, opening and closing of, time of, p. 359, § 1160. Presidential election returns, duty of clerk to seal and transmit to secretary of state, p. 380, § 1309. Presidential electors, form of ballots, p. 364. | 1197. subd. 2-a. Presidential electors, voting for, p. 364, § 1197, subd. 2— a. President, provision for expressing choice of electors for at election, p. 2240, Act 4232. Primary, act of 1909 providing for and regulating, repeal of, p. 1122, Act 1013. Primary, act of 1911, repeal of, p. 1083, Act 1009. Primary, act of 1913 providing for and regulating, p. 1084. Act 1010. Primary, number of indexes to registration affidavits to be printed, p. 355, § 1115. Primary, presidential, act relating to, p. 2240. Act 4232. Primary, provisions as to repealed, pp. 382, 383, §§ 1357—1375. Primary, repeal of provision as to keeping office open fifty days, p. 355. § lllO. Primary, repeal of provisions for qualifications and registration of voters at, p. 355, § 1118. Proportion of votes necessary to elect, p. 339, § 1066. 2422 INDEX. ELECTIONS (Continued). Public utilities, on surrender or control of by cities, p. 1790, Act 2886a. Recall petitions, who may sign, p. 344, § 1083a. Referendum petitions, who may sign, p. 344, { 1083a. Referendum, under. See Referendum. Registers used at special or consolidated election, p. 356, { 1121. Registrar, appointment, term of ofRce and compensation, p. .S9.S. { 4149e. Registrar, county clerk acts nntil appointment of. p. 602. S 4149f. Registrar, deputies of succeed to powers of deputy county clerk, p. 602, 5 4149f. Registrar, is county officer, p. 570. { 4013. Registrar, oath and bond of, p. 595, S 4140e. Registrar, powers and duties of, p. 377, 5 1216. Registrar, particular county, of. See particular title. Tiegislriw, provisions as to powers and duties of county clerk apply to. p. 377. J 1216. Registrar, succeeds to the powers and duties of the county clerk, p. 60J. § 4149f. Registrar to perform duties imposed upon county clerk, p. 588, i 4068. Registration, affidavits, arrangement and binding of, p. 354. { 1113. Registration, affidavits, before whom made where voter absent from county. p. 348, § 1097, subd. 5. Registration, affidavits, blanks for, form of and what to contain, p. 347, { 1095a Registration, affidavits, blank forms for, binding in pads of one hundred, p. 347. § 1095a. Regi8tration, affidavits, contents of, p. 347, I 1096; p. 348, i 1097. subd. 7. Registration, affidavits, deputies to receipt for books of and to be charged with. p. 347, § 1095a. Registration, affidavits, duty to return when registration closed and penalty for failure, p. 317. § 1095a. Registration, .iffidavits. facts to be stated, p. 348, S 1097, subd. 7. Registration, affidavits, form of, p. 348. S 1097. subd. 7. Registration, affidavits, index, fees for copies furnished candidates, how dis- posed of, p. 355, § 1115. Registration, affidavits, index, furnishing copies to candidates and fees for. p. 355, § 1115. Registration, affidavits, index, general, arrangement and binding of, p. 35'>. 5 1115. Registration, affidavits, index, general, keeping in ofRre for general referencv p. 355, § 1115. Registration, affidavits, index, preparation and contents of, p. 355. $ 1115. Registration, affidavits, index, printing and distributing, p. 355, {1115. Registration, affidavits, numbering, p. ^47, S 1095a. Registration, affidavits of persons gaining citizenship through father, p. S.^*^. § 1097a. Registration, affidavits, original and duplicates, p. 347, { 1095a. Registration, affidavits, printing controlled by writing, p. 348, { 1097. subd. 7. Registration, affidavits, what to contain, p. 347, J 10;16. Registration, cancellation of, cases in which registration must be canceled, p. 353, § 11 or.. Registration, cancellation of, how made. p. 353. J 1105. Registration, cancellation of illegal registration, compelling by action, p. 354, § 1109. INDEX. 2423 ELECTIONS (Continued). Registration, cancellation of registration of insane person, p. 335, § liofi, subd. 9. Registration, cancellation of registration of persons convicted of crimes, pp. 354, 355, §§ 1106, 1106a. Registration, cancellation of where voter refuses to obey citation, p. 344, § 1094. Registration, certified copy of uncanceled registration is evidence that one is an elector, p. 355, § 1117. Registration, citation of voter and landlord or lodging-house keepers and pen- alty for refusal to appear, p. 344, § 1094. Registration, compelling by action where refused registration, p. 354, § 1108. Registration, compelling cancellation by action, elector registered as party, p. 354, § 1109. Registration, duty of landlords and lodging-house keepers to furnish lists of lodgers, p. 344, § 1094. Registration, entries, provisions of code as to mandatory, p. 346, § 1095. Registration, entries to show what, p. 347, § 1096. Registration, for special or municipal elections, how made, p. 355, § 1120. Registration for municipal or special elections, necessity of, p. 355, § 1120. Registration, how effected where voter absent from county, p. 348. § 1097, subd. 5. Registration, index, general, to books of affidavits, preparing and binding, p. 355, § 1115. Registration, index to books of affidavits, p. 355, § 1115. Registration of electors, legalized, p. 1135, Act 1022a. Registration, manner of, p. 347, § 1095a. Registration, marriage, proceedings where name changed by, p. 348, § 1097, subd. 6. Registration, marriage, showing required where citizenship is by, p. 348, § 1097. Registration, names must be entered in duplicate, p. 346, § 1095. Registration, naturalized voters, showing required, p. 348, § 1097. Registration, neglect or refusal of officer to do duty a misdemeanor, p. 344, § 1095. Registration, new, on each even-numbered year, p. 344, § 1094. Registration, new, what affidavits may be used where election between Janu- ary 1st and April 1st of year of, p. 344. § 1094. Registration, outside of office of county clerk or of registrar, power of board, p. 344, § 1094. Registration, place of, generally, p. 344, § 1094. Registration, place of, outside of office where registration over 85,000, p. 344. § 1094. Registration, precinct, p. 344, | 1094. Registration proceedings where affidavits spoiled, p. 347, § 1095a. Registration, qualifications for. pp. 347, 348, §§ 1096, 1097. Registration, showing required, p. 348, § 1097. Registration, stjatement of political party, p. 348, § 1096. Registration, time for commencement and closing of, p. 344, § 1094. Registration, transfer of. affidavit on, p. 344. § 1094. Registration, transfer of, citing voter to appear on question of residence and proceedings on failure to appear, p. 344, § 1094. Registration, transfer of, within what time may be made, p. 344, § 1094. 2424 INDEX, ELECTIONS r Con tinned). Kepisiration, who to be registered to be entitled to rote, p. 355. { 1120. Keturns, district elprtion. abs'.:-.i-» of, p. 380. 5 128.i. Rt'turns, duty of clerk to seal, indorse, and transmit certified abstract ot, p. 360, §§ 1286, 1289, 1309; p. 381, iS 1334, 133.5, 1345. Returns, incomplete or ambi^ous, correction of, p. 379, S 1281a. Returns, incomplete or amhi^ous, subpoenaing and examining officers, p. 379, S 1281a. Secretary of election commission, duties of, p. 342, } 1078. School. See Schools. Special, boards of election for, p. 358, J 1151. Special, boards of election, apportionment of among political parties, p. 358, S 1151. Special, boards of election, apportionment of work, p. 358,! 1151. Special, boards of election, consist of what officer*, p. 358, { 1151. Special, book of aflidavils of recislrntii'n and liils, return of, p. 358, i 1161. Special, one book of original affidavits of registration only need b« kept, p. 358, § 1158. Special, one poll list and one tally list and copy only need be kept, p. 358, § 1151. Special, registers to be used at, p. 357, { 1121. Special, registration, neccsitity of and how made, p. 355, | 1120; p. 356, § 1121. Special, what paper may be used at, p. 362. { 119«. Special, who entitled to vote, p. 355. { 1120: p. 356. { 1121. Statement of campaign expenses, p. 1133, Act li>21. Supervisors, authority of over, pp. 575, 576, JJ 2. 3. Supplies for, election officers to fuurnish, p. 374. { 1205. Tally lists to be returned and open for inspection for sis months, p. !t79, S 1262. Tally of votes, ballot read and tally sheet to be within view, p. 378, S 1258. Tally of votes, clerks must keep. p. 378, ( 1258. Tally of votes, how made, p. 378. J 1258. United States senators, abstract of returns, clerk to make out, indorse, seal and transmit to si-cretary of .^tnte. p. 381. |} 1334, 1335. United States senators, estimating and declaring rote and certifying result to gi«ernor, p. 381, § 1336. United States senator, govenior to transmit sealed and attested certificate of election, p. 381, § 1337. United Sl.ites senators, repeal of act providing for placing names of cindidates on ballot, p. 2240, .\cl 4231. United States senators, vacancy in term, time of holding election for, p. 381, § 1.T33. United States senators, time of holding election for, p. 381. t 1332. Voters, how to prepare, mark or stamp ballot, p. 374, J 1205. Voter not to be nsked for whom he votes at polling-place, p. 376. { 1215. Voter not to be solicited or spoken to within one hundred feet of pulls, p. 376, § 1215. Voters, who entitled to vole. p. 355. { 1120. Voting, ballot, how prepared by voter, p. 374, § 1205. Voting, folding ballot, p. 374. } 1205. Voting machines, amendments of 1911 and 1913 of Act of 1903 relating to, p. 1122, Act 1020. INDEX. 2425 ELECTIONS (Continued). Voting, maiiri.T of, p. 373, 5 1204; p. 375, § 1205. Voting, marking ballot, p. 374, § 1205. "Who entitled to vote, p. 355, 5 1120; p. 356, § 1121. ELECTEIC CORPORATIONS. See Electricity; Public Utilities. Duty to supply electricity oa application and penalty for refusal, p. 142, S 629. ELECTRICITY. Appropriation of water for generation of, act of 1913, regulating and limiting, p. 2333, Act 4368c. Appropriation of water for generation of, repeal of act of 1911 relating to, p. 2329, Act 4350. Appropriation of water for generation of, time for development of works, p. 163, § 1416. Limit of time of appropriation of water for development of, p. 162, § 1410. Poles, wires, cables and appliances, regulation of the placing, erection, use and maintenance of, p. 1136, Act 1024. Poles, wires, cables and appliances, violation of provisions regulating, punish- ment of, p. 1136, Act 1024. Provision giving lien for repealed, p. 52, § 1183a. Subways, manholes, underground rooms containing wires, etc., regulation of and punishment for violation of, p. 1141, Act 1025. ELEVATORS. Construction, maintenance and operation in buildings being constructed, regu- lation of, p. 1143, Act 1025a. EMIGRANT GAP ROAD. Changing so as to eliminate grade crossing over railroad, p. 1230, Act 1457g, EMINXNT DOMAIN. See Irrigation. Abandonment of proceedings, attorneys' fees on, p. 70, § 1255a. Abandonment of proceedings, costs, what allowed on, p. 70. § 1255a. Abandonment of proceedings, implied, what constitutes, p. 70, $ 1255a. Abandonment of proceedings, judgment on, p. 70, § 1255a. Abandonment of proceedings, manner of, p. 70, § 1255a. Abandonment of proceedings, right of, p. 70, § 1255a. Abandonment of proceedings, time of, p. 70, § 1255a. Abandonment of proceedings, what constitutes, p. 70, § 1255a. Action, all parcels in county may be included at option of plaintiff, p. 66, § 1244. Action by city to condemn land for sewerage, supervisors may be plaintiff, p. 66, § 1244. Actions, change of place of trial, code provisions applying, p. 66, § 1243. Actions, consolidation or separation of, p. 66, § 1244. Actions, how commenced, p. 66, § 1243. Actions, lis pendens, filing of, p. 66, § 1243. "" Actions, where to be brought generally, p 66, § 1243. Actions, where to be brought when city, county or municipal water district a plaintiff, p. 66, § 1243. Actions, where to be brought when property in different counties, p. 66. § 1243. 2426 INDEX. EMINENT DOMAIN (Continued). Cominuii u.sc, cuurt may provide for, p. 67, § 12474. Complaint in, what to contain, p. 66. { 1244. Damages, assessment of, ruleg governing, p. 67, S 1248. Damages, compensation on removal of railroads from rights of way taken for roads, p. 68. S 1248a. Damages, improvements subsequent to institution of action not included, p. 69, § 1249. Damages, interest on where plaintiff let into possession, p. 69. S 1249. Damages, proceedings where property encumbered, p. 07, $ 124:ht of by irrigation districts, p. 1343, Act 1732a. Facts necessary to be found before condemnation, p. 64, i 1241. Highways, condemnation for, city, county or state may elect to build fsnces, p. tiit. § 12.51. Highways, deposit of money on election by city, cuuiity or state to build f«?nces and disposition of, p. 69, S 1251. Lis pendens, filing of, p. 66, { 1243. Pending litigation not affected by amemlmriit of ststiitn. p. 69. S 1249. Property I'uit may be taken for public use. p 62. | 1240: p. 64. { 1241. subd. 3. Public use, resolution or ordinance of mi].. r\ i»..rs as to C(Mn-l',i>iviiif»s of. p. 64, § 1241. Public uses, what are, p. 58, { 1238. Public use. what are more necessary puMic uses, p. 62. } 1240: p 64. } 124 1. Public utility, condemning by city, county or municipal water district, rifht of and proci'diiri>, p. 1759. .Vet 2886, i 47. Purposes for which right may be exercised, p. 58, S 1238. Railroad commissiistribution, partial, provision for, p. 86. i 1658. Distribution, partial, time for, p. 86. $ 1658. Homestead, decree terminating, p. 89. $ 1723. Ifoniestead, liability for debts, p. 77. } 1474. Honiestond, power to assign to family of deceased, p. 77. } 1474. Homestead, right of survivor to, p. 77, 5 1474. Homestead selected in lifetime of spouses, disposition of on death, p. 158, 5 126,'->. Inheritance taxes. See Taxation. Investment of moneys in deceased person's fund, p. 880, | 677. Lease of property, power to order, p. 80, 5 1577. I^ease of property, procedure, p. 80, J 1577. Life estate, decree terminating, p. 89, § 1723. Money belonging to in state treasury, investment of in bonds and deposit with treasurer, p. 330, 8 677. Mortgage of property, power to order, p. 80, J 1577. Mortgage of property, procedure on, p. 80. } 1577. Kew trial granted in what proceedings only, p. 89, | 1714. New trials, provisions, how far applicable to probate proceedings, p. 89, J 1714. Nonresident, distribution of < state where dece.ised was. p. 87. S 1667. Notice to creditors, additional, posting or publication of, p. 78, | 1490. Notice to creditors, filing printed copy of, p. 78. § 1491a. INDEX. 2429 ESTATES OF DECEDENTS (Continued). Notice to creditors, publication of, p. 78, § 1490. Notice to creditors, where executor resigns or is removed, p. .78, § 1490. Payment of bequest after four months, provision for, p. 86, § 1658. Probate, wills proved in other states, allowing and recording of, p. 73, § 1322. Public administrators. See Public Administrators. Sale of mining property or option on, power to authorize, p. 80, § 1577. Sale of mining property or giving option on, procedure, p. 80, §§ 1577, 1580. Shares of stock of decedent, how represented, p. 114, § 313. Summary administration of estates under $1,500, 'procedure, p. 76, § 1469. Vendor, death of before conveyance, completion of sale by guardian of minor, p. 93, § 1810a. Will detained outside of state, copy may be probated, when, p. 72, § 1310. Will detained outside of state, probating copy, proceedings, p. 72, § 1310. Wills proved in other states, allowing and recording of, p. 73, § 1322. EUKEKA. Charter of, p. 1152, Act 1083. EVIDENCE. See Privileged Communications. Admis.sibility of abstracts of 'title where records burnt or lost, p. 95, § 1855a. Certified copy of entry in great register, p. 355, § 1117. Certified copy of record of instrument defectively executed, p. 156, § 1207. Competency of husband or wife as witnesses in criminal actions, p. 96, § 1881 ; p. 251, § 1322. Copies of state's standard of weights and measures admissible in evidence, p. 2344, Act 4384. Criminal. See Criminal Practice. Deed under court process as evidence of transfer, p. 98, § 1928. Privileged communications. See Privileged Communications. Tax deed is evidence of what facts, p. 553, § 3786. EXAMINERS. Board of, provision as to repealed, p. 291, § 364. EXCEPTIONS. See Bills of Exceptions. EXECUTIONS. Allowance to sheriff for expenses of keeping property, p. 816, § 4290. Building and loan associations, exemption of property of, p. 972, Act 428. Exemption of cemetery lands from, p. 1020, Act 549. Expenses of keeping and preserving property, allowance of to sheriff, p. 815, § 4290. Homesteads, against. See Homesteads. Homesteads, exemption of. See Homesteads. Stay of, power of court as to, p. 32, § 681a. EXECUTORS AND ADMINISTRATORS. See Estates of Decedents. Allowance for expenditures where no voucher produced, p. 84, § 1632. Allowance for expenditure where voucher lost or destroyed, p. 84, § 1632. Allowance for necessary expenses, p. 83, § 1616. Appeal by, from justice's judgment, dispensing with bond, p. 42, § 94S. Attorney, compensation of, appeal lies from order making allowance on account of, p." 83, § 1616. 2430 INDEX. EXECUTORS AND ADMINISTRATOES (Continned^. Attorney, fonipeiisation on account of may he allowed, p. 83, { 1616. Claims paid. without affidavit and allowance, when allowed, p. 84, I 1632. Compcnhation, allowance on account of commissioas, p. 83, { 1616. Compensation of, fees allowed to, p. 83, § 1616. Compensation, provis^jn in will for, effect of. p. 63, | 1616. Death of, settlement of accounts of, p. 85, { 1639. Delivery of estate to executor of nonresident decedent by resident kdnainis' trator, p. 87, J 1667. Dcpo.sit of funds with triist company, ordering by coart and redaction of bonds, p. 907, Act 297, i 93. Dt'posit of trust funds with trust company under order of court and discharge from liability, p. 906. Act 297. } 91. Foreign corporation, acting; as, rights of, p. 862. Art 297, } 78. P'orr-ifcn, satisfaction of mortgage by. See Mortgages. Funds ma.v be invested in bonds of reclamation district, p. 534, | 3480; p. 134-1, Act l-32b. Proxies, may give, p. 115, S 321b. Piihlic administrator. See Public Administrator. Ucrcipts and disburspments since final account, ftfi-ipmrnt nf. p. 87, i 166.S. Relatives of whole blood preferred to half blood to administer, p. 73, | 1366. Shares of stuck of decedent, executor represents, p. 114. 5 313. EXEMPTIONS. liiiililiiiK and loan associations, of property of in liquidation, p. 972, Act 428. Cemetery lands, exemption of, p. 1020, Act 649. Homesteads, of. See Homesteads. EXHIBITIONS. I'uwer of supervisors to levy tax I-t .■Thi>iiiinn.. ,.f i.r.wli.ns nf r.ninfio* r> '^S' S 4056b. EXPERTS. Agriculture, expert in, boards of irrigation, reclamatioa or drainage diatricts authorized to employ, p. 84.'>, Act 78b. Orniid jury, for. See Grand Jury. EXPLOSIVES. llriiii,-iiic into prison, jail or reformatory a felony, p. 193, | 171a. Malicious use of dynamite or other explosive a misdemeanor, p. 209, 5 fiOl, Transportation, storage and selling of. regulation of, p. 1153, Act 1092. Violation of provisions for transporting, storing and selling, panishment of, p. 11.13. Act 1092. EXPOSITIONS. See Panama California Kxposition; Panama-Pacific International Exposition. Ghent, appropriation for California exhibit at exposition in, p. 1167, Act 109'-f Italian International Fxposition, provision for California exhibit at, p '!• ■ Act 10930. Los Angeles, exposition building at. See Los .\ngele8 City. Panama-California Exposition, appropriation to complete construction of -v position huildinc, p. 1166, .\ct 1093e. Panama California Exposition, state exhibit at, provision for, p. II.IS, Act 1093b. INDEX. 2431 EXPOSITIONS (Continupd). Panama Pacific International Exposition, powers and duties of directors of, p. IlfiO, Act 1093U. San Diego, park commissioners authorized to give use of Balboa Park for exposition, p. 1158, Act 1093a. State Fair. See State Fair. Supervisors authorized to levy tax to make exhibit at, p. 58.5, § 4056b. EXPRESS COMPANIES. See Public Utilities, II. EXTRADITION. Account of expenses in bringing bark fugitive, how audited and paid, p. 255, § 1557. Expenses, of bringing back a county charge if fugitive not placed on trial, p. 255, § 1557. FACTORIES. See Manufactures. FAIRS. See Expositions; State Fair. FALSE PRETENSES. See False Representations. Labor employed in producing goods, misrepresentations as to a misdemeanor, p. 207, § 532a. Statements as to financial conditions, when a misdemeanor, p. 207, § 532a. FARMERS. Commission to investigate European system of rural credits, creation of, p. 845, Act 78c. FARMERS' INSTITUTES. Appropriation for, p. 2550, Act 4252a. Regents of university authorized to hold, p. 2550, Act 4252a. FARMS. Registration of names of, p. 1597, Act 2390a. FEATHER RIVER. Accomplishment of work of direct improvement of navigation of, appropriation for, p. 1975, Act 3818. Appropriation for rectifying channel of, p. 1974, Act 3815a. Expenditure of money to improve navigation, act to enable, p. 1973, Act 3816a. Rectifying channel of, p. 2333, Act 4368b. FEEBLE-MINDED CHILDREN. See Sonoma State Home. FEES. Accounting for and payment into treasury, p. 819, § 4300c. Applicant for teachers' credentials, certificate or diploma to pay two dollars, p. 388, § 1519, subd. 5 (d). Building and loan associations, what fees only may be charged by, p. 144, § 634. siibd. g. Copies of indexes of registration affidavits, fees for, disposition of, p. 355, § 1115. 2432 INDEX. TEES (Continued). County clerk, p. 817. S 430fya. County clerk, of. See C-ounty Clerk. County officers, of, paid into salary fund for officerf. p. 820, 5 4305. Deaths, for certified copies of records of, p. 1060, Act 897. Dismissal of action after transfer where fees not paid. p. 26. 5 581b. Filini; transferred pleadini^a anew withont fee after dismitsal, p. 26. i 581h. Investment companies, fees to be paid by -en filing articlei with secretary of state, p. 320, § 6.35r. Justices' courts in townships of two hundred and fifty th.uiiiarid. See Justicos" Courts. Justices, of, p. 819, S 4300e. See Justices' Courts. Justices, fees of, report of and payment info treasury, p. 6, I 103. Justices in cities of second class, of, p. .5. S 102a. Licenses for pipelines, p. 1614, Act ^^hM*. License to raise Rame animals or birds, for. p. 218, } 631d. Notice of completion of buildinfr, fee for filing, p. 53, | 1187. Officers, (jenerfllly. See Offices and Officers. Officers in particular counties, of. .S«^e particular title. Particular officer, of. See particular title. Public utility commission, of. See Public Utilities, II. Recorders, fees of. p. 819, } 4300c. Recording notice of completion of building under mechanics' Hen law, p. 53, 5 1187. TapKinfc animals or birds by eame commission, p. 222. J 631d, anbd. 12. Secretary of state, of, p. 292. 5 409. See Secretary of State. Sot apart for salary fund. p. 820, i 4305. FELONIES. Adultery, livinR in stale of by m.Trried peri'ons. p. 196, f 269b. Automobiles, failure of driver to assist in case of collision, p. 201, | 367c. Automobiles, intoxicated driver iiijurini; person, p. 201, S 367e. Banks, commercial, violation of regulationa governing loans to officers, agents or employees, p. 903, Act 297, { 83. Banks, officer, agent or employee overdrawing account, p. 882. Act 297, i 89. Banks, officer, agent or rmployre receiving reward for procuring loan or accom- modation, p. 882, Act 297, S 39. Banks, officer or employee transferring mortgage or contract for tale of realty to bank, p. 882, Act 297, J 35. Banks, rniployee or controlling stockholder selling note or bond to, p. 8'^2, Act 297, 5 35. Banks, savings, loans to officers or employees in violation of statute, p. 807. Act 297. § r>r.. Banks, savings, officer making investment or loan in riolatlon of statute, p. 890. .\ct 297. § 67, sulul. .">. Bookniakiiig, p. 201, § 337a. Building and loan associations, illegal loans by oflScers or directors, p. 144. § 637. Checks, certified, violation of statute relating to, p. 885, Act 397, § 52. Explosive, malicious use of, p. 209. S 601. Molorcvde, intoxicnti-d driver injuring person, p. 202. S 367e. Motorcycles, failure of driver to assist in ease of collision, p. 201, | 367c. INDEX. 2433 FELONIES (Continued). Officers of public utility violating provisions of public utility act, p. 1771, Act 2886, § 52f. Pandering, p. 1057, Act 865. Pimping, p. 1058, Act 866. Prison, jail or reformatory, bringing drug, weapon, liquor or explosive into, p. 193, iS 171a. Trust funds, violation of provision of bank act as to mingling, p. 881, Act 297, § 32. FEMALES. Female employees. See Master and Servant. FENCES. High, erected to annoy, remedy in case of, p. 1168, Act 1142. FERRIES. Application for authority to erect within one mile of established ferry, service •of notice of, p. 509, § 2853. Employers or employees, right tg establish within one mile of established ferry, p. 509, § 2853. Establishment of within one mile of established ferry, provision as to, p. 509, § 2853. Public, provisions of code not applicable thereto, p. 509, § 2896. FERTILIZERS. Repulation of sale of, p. 1168, Act 1157. FICTITIOUS NAMES. See Names; Partnership. FIDELITY INSURANCE COMPANIES. Capital stock required of, p. 307, § 594, subd. 5. What included in fidelity insurance, p. 309, § 594. FIELD ARTILLERY. See National Guard. FINDINGS. Fact, how may be waived, p. 28, § 634. Judge not to sign until five days after service of on other parties, p. 28, § 634. Service of, p. 28, § 634. FINES. See Probation. Blacklisting, for, p. 231, § 653e. Game laws, violation of. See Game Laws. Imposed by justices in cities of second class, disposition of, p. 5, § 102a. Imposed for nonsupport of wife or child may be paid to wife or custodian of child, p. 197, § 270d. FIRE AND MARINE INSURANCE CORPORATIONS. Fire insurance. See Fire Insurance. Dividends to be declared from profits only, p. 121, § 429. Marine insurance. See Marine Insurance. FIREARMS. See Weapons. 153 2434 INDEX. FIRE INSUBANCE. See County Fire Insurance Companiea. Capital Ftook required, p. 309, S 594, subd. 16. Mutual fire insuranre companieg. See Mutual Fire Insarance Oompanies. What included in, p. 306, i 591, subd. 2. riREMEN. Hi'lit-r, health, life inKurance and pengion fund, auditor's report on, p. 1169, Act 1173. FIRES. See Kxplosiveg. Admissibility of abgtrartg of title where rrrordg burnt, p. 95, S 1855«. County supervisors may rpplare indexes destroyed by fire, p. 584, { 4043a. Forests, protection of. neainst. See Forests. Indemnity associations for protection acainst. See Indemnity. Indexes to records destroyed by, supervisors may replace, p. 584, ( 4043a. Provision for prevention of fireg and puniahment for violation of, p. 204, ( .TR4. Provisions for protection against, do not apply to fires set on lands in cities. p. 204, 9 384. Refusing assistance in combating, punishment of, p. 204. i 384. Tax for protection against, power of supervisors to levy, p. 583, | 404 1. subd. 40. What acts in relation to forbidden, p. 204, | 384. FISH. See Game Laws. FISH AND GAME WARDEN. See Game Laws. FLAGS. Hear flag adopted as state flag, p. 1169. Act 1199. Hear flag, appropriation for monument to commemorate raising In Sonoma City, p. 1953, Act 3706, FOLSOM. See State Prisons. FOOD. See Cold Storage. Adulteration of. See Adulteration. Destruction of a misdenieanor, i>. 1170, Act 1205. Destruction of prohibited, p. 1170. .\cl 120.'>. Net container bill, p. 1601, Act 2453. Provision for indicating net quantity of foodstuff prepared for use for food when sold in containers, p. 1601, Act 2453. FOREIGN BANKING CORPORATIONS. RiRht to do business, p. 8l>J, Act 297, S 7. Examinations of agencies of, p. 915. Act 297, S 124. Reports hy to superintendent of banks, p. 917, Act 29" ? '''■"' FOREIGN COMMERCE. Public utility ait es not affect foreign commerce, p. IT'.xi, ,\ct 288". | 85. FOREIGN CORPORATIONS. See Corporations. Banking act does not affect right to loan money or to sue or be sued, p. 8G9, Act 297, § 12c. Banking corporations. See Banks and Banking. Trustees, power to act as, p. 906, Act 297, S 90. INDEX, 2435 rOEEIONERS. Spp Aliens. FOREIGN EXECUTORS AND ADMINISTRATORS. See Executors and Admin- istrators. FOREIGN GUARDIANS. See Guardian and Ward. FOREIGN WILLS. Allowing and recording of, p. 73, § 1322. Wills proved in other states, probate of, p. 73, § 1322, FORESTS. Appropriation for fire lanes and trails to preserve timber on San Bernardino mountains, p. 1172, Act 1223. Cleveland National Forest, hunting in forbidden, p. 1725, Act 2875a. County board of forestry, creation of, p. 1238, Act 1468. County board of forestry, rights, powers and duties of, p. 1238, Aqt 1468. County forester, appointment, powers and duties, p. 1238, Act 1468. Expense of cleaning up forest area, how met, p. 1170, Act 1216. Fires, provision for prevention of and punishment for violation of, p. 204, § 384. Fires, refusing assistance in combating, punishment of, p. 204, § 384. Fires. See Fires. Inadequately protected forest area declared a nuisance, p. 1170, Act 1216. Notice to owner to clean up forest area, p. 1170, Act 1216. Service upon owner of forest of notice of intention to inspect, p. 1170, Act 1216. rORFEITUHE. Forfeiture of lien for false statement in claim of, p. 57, § 1202. Water rights, of, p. 2266, Act 4340. rORMS. Deed by state to purchaser of property sold for taxes, p. 562, § 3898. Deed to state of property sold for taxes, p. 551, § 3785. Demand against county, p. 589, § 4076. Notice of trial in justices' courts, p. 38, § 850. Tax deed, p. 552, § 3785b. rbANCHISES. See Public Utilities. Heating purposes, cities authorized to grant franchise to lay pipes for, p. 1565, Act 2389c. Ordinance granting, time of talcing effect of, p. 588, § 4068. Power of supervisors to grant, p. 582, § 4041, subd. 35. Taxation of for state purposes, p. 2151, Act 4065. Water for power purposes, limit on franchise, p. 2329, Act 4350. FRATERNAL BENEFIT SOCIETY. See Benefit Societies. FRAUD. See Butter; Dairies. Act to prevent fraud in sale of paris green repealed, p. 1651, Act 2614. Misrepresenting kind of labor employed in producing goods, punishment of, p. 201, § 349a. 24.36 INDEX. FBEE LIBBABIES. County free librarips. psfablishment and maintensnce of, p. 1173, Act 1248a. County library systpms, repeal of act relating to, p. 1173, Acta 1248, 124^«. Establishment of public libraries by anion high achool districts, p. 1928, Act 3586c. Unincorporated cities, in, bonds, issuance of, p. 1180, Act 1249. FEESNO CITY. Xoraial school at, appropriation for construction and equipment, p. 1921, Act 3558b. N'irmal school, establishment of at, p. 1920, Act 3558a. FEESNO COtTNTT. Assessor, all collections by to be paid to county treasury, p. 637, } 4234, subd. 7. Assessor, deputies and assistants, appointment, number, duties and talariea, p. 637, S 4234, suM. 7. Assessor, salary of, p. 637, S 42.T4, subd. 7. Auditor, deputy and clerk, appointmi-nt and salaries, p. 636, | 4234, subd. 4. Auditor, salary of, p. 636, J 4234. subd. 4. Classification of, p. .5(3G, S 4006. Constable, classificntion of townships for purpose of Uxln^ salaries, p. 640, S 4234, subd. 14a. Constables, population of townships, how determined for purposes of fixing salaries, p. 63<), $ 4234. sahd. 14. Constables, salaries determined by population, p. 639, | 4234, sobd. 14. Constables, salnries, fees, miU-atre and expenses, of. p. 641, J 4234, subd. IS. Coroner, fees of, p. C3M, { 4234, subd. 10. County olork, deputies and clerks, number, appointment and salaries, p. 635, S 4234, Bubd. 1. County clerk, fees to be paid into treasury monthly, p. 635, | 4234, subd. 1. County clerk, salary of, p. 635, } 4234, subd. 1. District attorney, deputy and ssslntant, appointment and salary, p. 638, { 4234, subd. 9. District attorney, salary of, p. fi.TS. J 4234, subd. 9. FiKh and gnnio wardeu, salary arid expenses and bow paid, p. 594, i 4149d. Jurors, grand, compensation and mileage, p. 63)*, } 4234, subd. 8. Jurors, trial, compensation and mileage, p. 638, } 4234. subd. 8. Justices, classification of townships for purpose of fixing salaries, p. 640, i 4234. subd. 14a. Justices, fines to be paid to treasury monthly, p. 640, S 4234^ subd. 14b. Justices, salaries and fees of, p. 640, { 4234, subd. 14b. Justices, salaries include office rent, p. 640. i 4234, subd. 14b. Population of, p. J05, § 4005c. Population, determination uf, for purpose of fixing salaries of constables and ju.slices, p. (>:iil. § 4234, subd. 14. Public administnitor. fees of, p. 638. § 4234, subd. 11. Recorders, deputy, statistician, clerk and copyists, appointment, number sod salaries, p. 686. J 4234, subd. 3. Recorders, salary of. p. 036. § 4234, subd. 3. Repistrar of voters, salary, fees, allowances, deputies and assistants, pp. 59.S, HOI, 5 4 Mile, Salaries of oflicers, when and how payable, p. 641, $ 4234, subd. 17. INDEX. 24H7 FRESNO COUNTY (Conlinued). Sli.TilV, deputies, clerks and assistants, number, enumeration, appointment and salurles, p. 635, § 4234, subd. 2. Sheriff, fees to be paid into county treasury, p. 635, § 4234, subd. 2. Sheriff, salary and fees, p. 635, § 4234, subd. 2. Superintendent of schools, deputy and assistant, appointment and salaries, p. 638, § 4234, subd. 12. Superintendent of schools, salary and expenses of, p. 638, § 4234, subd. 12. Supervisors, salaries of, p. 641, § 4234, subd. 16. Surveyor, deputy, salary of, p. 639, § 4234, subd. 13. Surveyor, salary of, p. 639, § 4234, subd. 13. Tax collector, deputies, clerks and assistants, appointment, enumeration of, number and salaries, p. 637, § 4234, subd. 6. Tax collector, salary and fees of, p. 637, | 4234, subd. 6. Treasurer, deputy, salary of, p. 637, § 4234, subd. 5. Treasurer, salary of, p. 637, § 4234, subd. 5. PEUIT TEEES. See Horticulture. rUliL CREW ACT. See Railroads. FUNDS. Deposit of city and county funds in banks, p. 1184, Act 1290a. Deposit of state moneys in banks, p. 2231, Act 4134. Fish and game preservation fund. See Game Laws. Investment of corporate, trust or public funds in bonds of irrigation districts, p. 534, § 3480; p. 1344, Act 1732b. May be invested in bonds of reclamation district, p. 534, § 3480. Particular fund. See particular title. Reversion of unexpended balances, p. 1182, Act 1284b. Right of savings banks to borrow public moneys, p. 896, Act 297, § 62. Salary fund, fees set apart as, p. 820, § 4305. School. See Funds. Sinking funds of cities or counties, investment of in bonds, p. 1181, Act 1284a. Sinking funds of cities or counties, repeal of act of 1909 relating to, p. 1181, Act 1284. Special fund for insurance commissioner, p. 306, § 591. State banking fund. See Banks and Banking. State, deposit of in banks, p. 2231, Act 4134. Surplus moneys may be invested in what bonds, p. 1182, Act 1284c. Surplus, investment of, p. 1182, Act 1284c; p. 1184, Act 1290a. Transfer of funds in state treasury to pay interest and principal of state bonds, p. 1180, Act 1276. Transfer of funds in state treasury to pay interest on diverted funds of state university, p. 1180, Act 1276. FUNERAL EXPENSES. See Public Administrators. FUNGICIDES. Regulation of manufacture, sale, adulteration and misbranding of, p. 827, Act 48. 2438 INDEX. G GAMBLING. Betting upon contests of skill, speed or endurance, prohibition and punish- ment of, p. 200. S 3.T7a. Bookmaki'ng, prohibition of and punishment for, p. 200, S 337a. Card marhiues, use of prohibited, p. 199. { 330a. Dice having more than six (aces, use of, punishment for, p. 199, S 330a. Machines, use of what prohibited, p. 199, S 33Ua. Owner permitting property to be used for, punishment of, p. 199, S 330a; p. 200, 5 337a. Pool-selling, liability of owner of premises where carried on, p. 200, S 337a. Pool-gelling, prohibition of and punishment fur, p. 200, | 337*. Slot machines, use of prohibited, p. 199, S 330s. GAME LAWS. .\balone, limit on catch, p. 215, S 628. Abalone, protection of, p. 214. §628; p. 218. | 628k. Animals, game, killing at night a misdemeanor, p. 213, {626m. Animals, use of as blinds a misdi-meanor, p. 213, i 626a. Bait, use of salmon or steel head trout as, proTision repealed, p. 225. J 632b-3. Bass, black, limit on crtch, p. 216. { 628b. Bass, black, protection of, p. 217, S 628b. Bass, striped, fine for violation of lawa relating to, disposition of, p. 22:>. i 634. Bass, striped, limit on catch, p. 225, 9 684. Bass, striped, protection of, p. 215, } 628a: p. 225, | 6S4. Bass, striped, right of United Slates and state game commission to chip out of state, p. 135, {{ 628a, 628f. Bass, striped. United States or state commission may take for propagation. p. 2'_>.'j. § 634. Bass, striped, violation of law for protection of, punishment of, p. 227, i 634. Beaver, protection of, p. 214. { C20p. Birds, game, killing at night a misdemeanor, p. 213, i C26ai. Blinds, use of animals as a misdemeanor, p. 213, J 626a. Brant, black sea, limit on bags, p. 211. S 626d. Brant, black sea, protection of, p. 211, i 626d: p. 218. { 626p. Business of dealing in fish, game or auimals, license for, p. 136, | 680; p. 1192. Act 1340f. Business of dealing in fish, game, or animals, register of purchases, keepini: of and contents of, p. 21H, § (i3l)a. Bnsinpss of dealini: in fish, game or animals, register of purchases, refusal to produce a misdemeanor, p. 218, { 63ub. Business of dealing in fish, wild game and animals, regulation of, p. 1192. Act 1340f. Cache creek or its tributaries, use of nets, seines, traps or weirs in prohib- ited, p. 1198, Act 13401. Catfish, protection of, p. 215. $ 628. Clums, pismo, protection of, p. 217, S 628f. Cleveland National Forest, hunting in forbidden, p. 1725, Act 2875a. Couiiuissioners, fish and game, governor appoints, p. 291, § 368. Crab, protection of, p. 214. 5 liJH. i INDEX. 2439 GAME LAWS (Continued). Crappie, limit on catch, p. 216, § 628b. Grapple, protection of, p. 216, § 628b. Crawfish, protection of, p. 214, § 628. Curlew, limit on bags, p. 211, § 626d. Curlew, protection of, p. 210, § 626; p. 21.^, § 626n. Dealer in fish and game, neglect or refusal to produce register a misdemeanor, p. 218, § filSOb. Deer, protection of, p. 212, § 626f. Deer, tracking with more than one dog a misdemeanor, p. 212, § 626j. Division of state into fish and game districts, p. 1185, Act 1295a. Dogs, use of in approaching certain birds permitted, p. 213, § 626n. Dogs, use of more than one in trailing deer, forbidden, p. 212, § 62&j. Doves, limit on bags, p. 211, § 626d. Doves, protection of, p. 211, § 626a. Ducks, limit on bags, p. 211, § 626d. Ducks, protection of, p. 210, § 626; p. 213, § 626n. Duck, sale of, what permitted, p. 213, § 626k. Fee for license to raise game animals or birds, p. 218, § 631d, subd. 1. Fees for tagging animals or birds by game commission, p. 222, § 631d, subd. 12. Fines for violation of game laws, disposition of, p. 213, § 626k; p. 221, § 631d, Bubd. 9; p. 223, §632; p. 224, §632%: p. 227, §634; p. 227, § 634 % ; p. 228, §§635%, 636; p. 229, §§636%, 636b. Fines for violation of law where license issued to raise game animals or birds, p. 222, § 631d, subd. 13. Fish and game preservation fund, creation of, p. 1192, Act 1340e. Pish and game preservation fund, to what purposes applicable, p. 1192, Act 1340e. Pishing, license on, p. 1186, Act 1298; p. 1187, Act 1298a. Fishing near Santa Catalina island limited to hook and line, p. 227, §634%. Fishing, power of supervisors to declare innavigable streams highways for, p. 591, § 4085%. Fish, licensing persons engaged in business of propagating, rearing, selling, etc., p. 1194, Act 1340h. Fish, regulating possession, use, sale, etc., by persons in business of propagat- ing, rearing and selling, p. 1194, Act 1340h. Game commission, receipts from sale of animals or birds, disposition of, p. 221, § 631d, subd. 9. Game commissions, right to take fish for science or propagation, p. 216, § 628a; p. 224, § 632% ; p. 227, §§ 634, 634%. Game commission, right to trap game to dispose of for domestic?°ion or prop- agation, p. 221, § 631d, subd. 8. Geese may be hunted with blinds, p. 213, § 626n. Grouse, limit on bags, p. 211, § 626d. Grouse, protection of, p. 210, § 626. Ibis, limit on bags, p. 211, § 626d. Ibis, pro*ction of, p. 210, §626; p. 213, § 626n. , Ice, fishing through ice forbidden, p. 224, § 632 (4). Innavigable streams, power to declare highways for fishing, p. 591, §4085%, Killing game at night forbidden, p. 212, § 626m. License for fishing, acts imposing, p. 1186, Act 1298; p. 1187, Act 1298a. License necessary to carry on business of dealing in fish or game, p. 218, § 630. 2440 INDEX. GAME LAWS (Continued). License on vocation of dealing in fi«h and in wild game and animals, p. 1192, Act 1340f. License to raise game animals or birdR, fees for lagging, p. 221,S631d, Bubd. 12. License to raise game animals or birds, issuance of, p. 218, § 631d. License to raise game animals and birds, reports by licensee, p. 221,8 63Id, subd. 6. License to raise game animals or birds, right to kill in case of, p. 219, i fi.Tld, subd. 2. License to raise game animals or birds, sale of, regulation* govemiDg, pp. 219, 220, 221, S 631d, subds. 3-7. License to raise game animals or birds, ri-voration of, p. 221, S 631d. subd. 11. License to raise game animals or birils. tagging of animals traiikpurted or sold and report on, p. 219, I Cild, subd. 3; p. 220, { G31d, subd. 4. License to raise game animals or birds, transportation, regulations govemiog, p. 219, J «31d, subd. 3; p. 220, 5 35 V4, 636. Nets, violation of provisions as to. punishment of, p. 228, { 636. Night, killing game at night, forbidden, p. 213, § 620m. Otter. s«;a, protection of, p. 214, § 62t>q. Partridge, protection of, p. 211, §U12c. INDEX, 2441 GAME LAWS (rnntinupcl). Perch, Sacramento, limit on catch, p. 216, § 628b. Perch, Sacramento, protection of, p. 216, § 628b. Perch, salt water, protection of, p. 218, § 628g. Pheasants, propagated in captivity, sale of, p. 211, § 626c. Pheasants, protection of, p. 211, § G26c. Pheasants, right to import, rear and sell, p. 211, § 626c. Plover, limit on bags, p. 211, § 626d. Plover, protection of, p. 210, § 626; p. 213, § 626n. Preservation and protection of wild game on patented land, transfer b> owners to state of right of, p. 1190, Act 1340c. Preserve for shell-fish and invertebrate animals in Monterey bay, p. 1191, Act 1340d. Preserves for breeding elk or deer, fencing of, p. 221, § 631d, Bubd. 10. Quail, bob white, protection of, p. 211, § 626c. Quail, desert, limit on bags, p. 211, § 626d. Quail, desert, protection of, p. 210, § 626. Quail, imported, protection of, p. 211, § 626c. Quail, mountain, limit on bag, p. 211, § 626d. Quail, mountain, protection of, p. 210, § 626. Quail, valley, limit on bags, p. 211, § 626d. Quail, valley, protection of, p. 210, § 626. Rabbit, limit on bag, p. 211, § 626d. Rabbit, bush, protection of, p. 210, § 626. Rabbit, cotton-tail, limit on bag, p. 211, § 626d. Rab"bit, cotton-tail, protection of, p. 210, § 626. Rail, limit on bags, p. 211, § 626d. Rail, protection of, p. 210, § 626. Sage-hen, limit on bags, p. 211, § 626d. Sage-hen, protection of. p. 210. § 626. Sale of wild ducks, when permitted, p. 213, § 626k. Sale of wild game prohibited, p. 212, § 626k. Sale of wild game, punishment of, p. 212, § 626k. Salmon, fines for violation of laws relating to, disposition of, p. 22.5, § 634. Salmon, limit on catch, p. 225, § 634. Salmon, protection of, p. 225, § 634. Salmon roe, prohibition against use of as bait repealed, p. 224, § 632b3. Salmon, sale of provisions as to, p. 227, § 634. Salmon, United States or state commission may take for propagation, p. 227, § 634. Salmon, violation of law for protection of, punishment of, p. 227, § 634. Santa Catalina island, fishing near limited to hook and line, p. 227, § 634%. Santa Catalina island, punishment for violating statute as to fishing near, p. 227, § 634 lA. Sea otter, protection of, p. 214, § 626q. Season, supervisors may shorten but cannot lengthen, p. 581, § 4041, subd. 28. Shad, fine for violation of laws relating to, disposition of, p. 225, § 634. Shad, limit on catch, p. 225, § 634. Shad, protection of, p. 225, § 634. Shad, United States or state commission may take for propagation, p. 227, § 634. Shad, violation of law for protection of, punishment of, p. 227, § 634. 2442 INDEX. GAME LAWS fContinned). .Shorn birds, limit on h»e». p. 211, J 626d. Shore birds, protection of, p. 210, } 626; p. 213, } 626a. Shrimp, protection of, p. 214, i 628. Snipe, limit on bags, p. 211, S 626d. Snipe, protection of, p. 211, $ 626d. Snipe, Wilson, protection of, p. 210, 5 626. Squirrel, tree, limit on bag, p. 212, i 626r. Squirrel, tree, protection of, p. 212, I 62fi(t. Squirrel, tree, provisions as to do not apply to Mendocino roonly, p. 212, J 626g. Steel head roe, prohibition against Dse of as bait r«>pealed. p. 224, S 632b:i. Steel-head trout, fines imposed for riolation of statute, disposition of, p. 224, 5 632 V4. Steel head trout, protection of, p. 222, { 632; p. 224, J 6S2H. Sturgeon, protection of. p. 214, } 62H. Sunfish, blue gill or itreen, limit on cafeh, p. 216, } 628b. Sunfigh, bluegill or (treen, protection of, p. 216. | 628b. Supervisors may pa.ss ordinances for protection of. p. 581. | 4041, »oM. 28. Supervisors may shorten seaiions fixed by general law, p. 581, 8 4041, sobd 28. Swan, protection of, p. 211, J fi26c. Traps, use of, prohibited, p. 228, { 636. Traps, violation of provisions as to, punishment ot. p. 228, | 636. Trout, catching at night a misdemeanor, p. 213. J 62Am. Trout, fines for violation of laws relating to, disposition of, p. 222. | 632. Trout, limit on catch, p. 222. } 632. Trout, protection of, p. 222, { 632. Trout, regulation of catching in streams flowing into I.ske Tahne, p. 223, } 6.12. Trout, steel-head, fine imposed for violation of statute, disposition of, p. 224, § 632%. Trout, steel-head, limit on catch, p. 224,8 632 4. Trout, steel head, protection of, p. 222, 8 632; p 224, 8 632 4. Trout, steel-head, punishment for violation of stsliile, p. 224. 8 632 4. Trout, I'nited States or state game commission may take for science or prop- agation, p. 222, 8 632; p. 224. 8 632 4. Trout, violation of law relating to catching of, disposition of fines, p. 222, 8 632. Turkeys, wild, protection of, p. 211. 8 626c. United States or state game commission may take fish for science or propaga- tion, p. 222, 8 632; p. 224, 8 632 4 : p. 225, 8 634. Wardens, fish and game, are county officers, p. 570,5 4013. Warden, salary and expenses of, in particular county. See particular county. Wilson snipe, protection of, p. 210,5 626. OARAGES. l.iens of proprietors of, p. 183, 5 3051. GARBAGE. See Pacific Ocean; Waters. GAS. See Gas Corporations. Nalural, capping or closing of wells from which it flows, p. 1199, Act 1345. Nnlural, wasting of, prohibition of, p. ll'Jii. .\ct 1345. Naturnl, wasting of, punishment of, p. 1190, Act 1343. INDEX. 2443 GAS CORPORATIONS. See Public Utilities. Duty to supply gas on application and penalty for refusal, p. 142, § 629. GEESE. See Game Laws. GENERAL. See Adjutant General. GETTYSBURG. Provision for celebration of fiftieth anniversary, p. 1200, Act 1353. GIFTS. See Treasurer, State. Acceptance by cities or counties of gifts and levy of taxes for monuments to California pioneers, p. 1201, Act 1356a. GLANDERS. See Animals. GLASS. Throwing upon highway, punishment of, p. 209, S 588a. GLENN COUNTY. Assessor, salary of, p. 796, § 4275, subd. 7. Auditor, salary of, p. 796, § 4275, subd. 4. Classification of, p. 569, § 4006. Constables, salaries, expenses and fees of, p. 797, § 4275, subd. 14. Coroner, fees of, p. 796, § 4275, subd. 9. County clerk, salary of, p. 796, § 4275, subd. 1. District attorney not to practice law, p. 796, § 4275, subd. 8. District attorney, salary of, p. 796, § 4275. subd. 8. District attorney, stenographer, allowance for, p. 796, § 4275. subd. 9. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d, Jurors, grand, fees and mileage, p. 797, § 4275, subd. 17. Jurors, trial, fees and mileage, p. 797. § 4275, subd. 17. Justices, salaries and fees, p. 797, § 4275, subd. 13. Official reporters, fees of, p. 797, § 4275, subd. 16. Population of, p. 566, § 4005c. Public administrator, fees of, p. 796, § 4275, subd. 10. Recorder, salary and fees of, p. 796, § 4275, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 600, 601, § 4149e. Sheriff, salary, fees, commissions and expenses, p. 796, § 4275, subd. 2. Superintendent of schools, salary, expenses and allowances of, p. 796, § 4275, subd. 11. Supervisors, salaries and mileage, p. 797, § 4275, subd. 15. Surveyor, fees of, p. 797, § 4275, subd. 12. Tax collector, salary of, p. 796, § 4275, subd. 6. Treasurer, salary of, p. 796, § 4275, subd. 5. GOVERNOR. Authorized to issue licenses to men to organize as military companies, p. 1484, Act 2203. Board of control, appoints members of, and fills vacancies, p. 324, § 654.. Canalization of rivers, duty of governor in relation to investigation into, p. 2331, Act 4368a. Notaries, number that may be commissioned for various counties, p. 338, § 791. 2444 INDEX. GOVERNOR (Continued). OfRrprs, what appointed by, p. 291, $ 368. Quarantine, approval by governor, p. 490, $S 2319s, 2319b. Quarantine lines and rules, proclamation by as to, p. 491, S 2319e. State horticultural commissioner, considerations guiding governor in tppoint- ing, p. 488, § 2319. State horticultural commissioner, may remove, p. 488, { 2319. State horticultural commissioner, vacancy iu office, governor to ftll, p. 488, S 2319. Superintendent of banks, appointed by governor mnd holds st pleasure of, p. 913, Act 297, S 120. Superintendent of capitol, appointment and term of office, p. 334, | 716. Superintendent of state printing, appointed by snd holds st plessure of, p. 3i''' 5 530. ^Vaters, carrying into another itste, duty to prevent, p. 2330, Act 4331. GRADES. See Railroads. ORAND ARMY OF THE REPUBLIC. ApppDpriatiun for exptiifers of natinnal encampment, p. 1203. Act 1394. Rooms for in capitol building st Sacramento, p. 1203, Act 1393. GRAND JURY. Ai'iinc after challenge allowed, provision as to repealed, p. 194, S 164. Aflviro of judce or district sttorney. msy aak, p. 236, I 925. Challenge to juror, ground for, p. 2.T5, { S95. Challenge to jurors, sections 896-901 of Penal Code relating to, repealed. p. 235. 5 5 896-901. Challenge to panel, not allowed, p. 235, 5 895. Charge of court to. p. 237, 5 928. District attorney may sppenr before, advise snd ezsmine witnesses, p. 236. 5 925. Excusing after juror drawn and found Qnalifled, p. 235. 5 894. Experts and assistants, compcnsaticm of and how paid, p. 237, { 928. KxpcrtR and assistants, power to employ, p. 237, | 928. Koninan to state matter for consideration and request prejudiced juror to retire, p. 285, 5 907. Intfrpreler, may subpoena, p. 230, 5 925. Inlpri)reler, services of are • county charge, p. 236, 5 925. Interpreter subpoenaed by may be present at examination of wituesirs, p. 2 36. 5 925. Judge not to he present at sessions of, p. 236, $ 925. Juror found to be qualified, duty to accept, p. 235. 5 894. Juror must be found to bo ((uslified before arri-pled, p. 235, i 894. Odicers. investigation and reports as to, p. •_'.H7. § 928. Oflicers, report and recunnnt iiilalion as to, p •j:i7. 5 928. Officers, n-port as to, comnn-nts in not privilij;ed, p. 237, { 928. Officers, report as to, copies to be sent to legislators representing county. p. 237. 5 928. Officers, to examine books, records and accounts of. p. 227, | 923. Particular counties, of. See particular county. Powers and duties of, p. 237, $ 9'J8. INDEX. 2445 GRAND JURY (Continued). Prejudiced juror, duty of foreman and punishment for neglect of duty, p. 235, § 907. Prejudiced, duty to retire and punishment for failure, p. 235, § 907. Present, no one permitted to be durinp deliberations and voting, p. 236, S 925. Present, wh., only may be, during sessions of, p. 236, § 925. Proceedings and deliberations, p. 23b, § 925. Qualifications and acceptance of, p. 1235, § 894. Stenographer, appointment of, p. 236, § 9'25. Stenographer, cost of services of is a county charge, p. 236, § 925. Testimony, transcription of and service of copy on defendant, p. 236, S 925. GROUSE. See Game Laws. GROWING TREES. See Forestry. Highways, trees on, amendments of act of 1909 providing for the planting, protection and preservation of, p. 1238, Act 1468. GUTlRANTY. Food, liquors or drugs, guaranty as a protection in prosecution for adultera- tion or mislabeling, p. 824, Act 29; p. 831, Act 48, § 9. Mortgage insurance. See Mortgage Insurance; Corporations. GUARDIAN AD LITEM. See Infants; Insane Persons. Compromise of case by, authority of guardian ad litem as to, p. 15, § 372. When may be appointed, p. 13, § 372. GUARDIAN AND WARD. See Infants; Insane Persons. Abandonment of child by parent, compelling parent to work and paying pro- ceeds to guardian, p. 197, § 273h. Account, failure to file, revocation of letters, p. 92, § 1773. Account, how often to be rendered, p. 93, § 1774. Account, termination of guardianship does not affect jurisdiction of court over, p. 93, § 1774. Account, verified, to be filed annually, p. 92, § 1773. Appraisement of estate, how made, p. 92, § 1773. Appraisement of estate, making and filing of, p. 92, § 1773. Compromise of case, authority as to, p. 15, § 372. Conveyance by guardian of minor succeeding to estate of person dying before making conveyance, p. 93, § 1810a. Death of guardian, settlement of accounts of, p. 85, § 1639. Death of vendor before conveyance, completion of sale by guardian of infant, p. 93, § 1810a. Deposit of funds with trust company, ordering by court and reduction of bonds, p. 907, Act 297, § 93. Deposit of trust funds with trust company under order of court and discharge from liability, p. 906, Act 297, § 91. Fine imposed for nonsupport of child may be paid to guardian, p. 197, § 270d. Foreign guardians, satisfaction of mortgage by. See Mortgages. Funds may be invested in bonds of reclamation districts, p. 534, § 3480; p. 1344, Act 1732b. Illegitimate child, guardian may sue father for support, p. 108, § 196a. Insane persons, of. See Insane Persons. 2446 INDEX. GUARDIAN AND WARD f Continued) . Inventory, duly to tile and time of filinf:, p. 92. § 1779. Inventory, failure to return, revoking letters, p. 92, § 1773. Inventory, property received after filing of, duty as to, p. 92. 5 1773. Inventory, recording of. p. 92.5 1773. Juderncnt in favor of infant, payment of to guardian, p. 94, i 1810b. Lease of property, power to order, p. 80, § 1577. Mortgage of ' property, power to order, p. 80. } 1577. Mortgage of property, procedure, p. 80, { 1577. Proxies, guardian may give, p. 115,5 321b. Sale of mining property or option on, power to aathorit«, p. 80, | 1577. Sale of mining property or option on, procedure, p. 80, 5i 1577, 1580. Sale of property where income insufficient, p. 93. J 1777. Shares of stuck of mino|^ or insane person, guardian to represent, p. 114, { 3in. Trust company as guardian applies to estate only and not to person, p. 90G, Act 297, 5 90. Wages, as.sigiiment of by infant, written consent of ward necessary, p. IS?. 5 955. GUNPOWDER. See Kxplosivea. H HARBOR COMMISSIONERS. tian Kraiicisro, authorized to construct drydoeki and to regulate tolls, p. 120r>. Act 1430a. San Francisco, bonds for improvement of harbor, submission of issuance of to people, p. 1206, Act 1436a. San Krancisco, creation, appointment, term of office, organisation, powers duties, etc., p. 499, 5 2520. San Francisco, city authorized to construct railroad on landa of. p. 1904, Act 3347. San Francisco, president, election, powers and duties, p. 499, 5 2520. San Francisco, railroads, authorized to locate, construct, maintain and operate, p. 1203, Act l-12ia. HARBORS. Cities, authority of as to. See M uiu.-ip.ii t'orpcrations. Improvement of by cities, funds fur, p. 15G6, .\ct 2389e. Particular harbor. See particular title. HEALTH. See Hoard of Health; Public Health; State Board of Health. HEALTH INSURANCE. Capital sto,-k reciuired of, p. 309, 5 16. What iiuhulid in, p. 307, 5 594. HEALTH OFFICERS. S.e Fublic Health. HEAT. Cities suthori/ed to grant t ranriiises to lay Ftc.^m besting pipes in streets. p. l.".(;.^>. Act jasoc. Companies to furnish for buildings within one hundred feet of main, p. 142, S 629 INDEX. 2447 HEATING CORPORATIONS. Duly to supijly heat on application and penalty for refusal, p. 142, S 629. rranchisc for laying pipe, cities authorized to grant, p. 1565, Act 23U9C, HEIRS. See Estates of Decedents. HIGH SCHOOL CADET COMPANIES. Bee Military Companies. HIGH SCHOOLS. See Schools. HIGHWAYS. Bonds, election, notice for, contents of, p. 508, § 2761. Bonds for, form of, p. 508, § 2764. Boulevard districts. See Boulevards. Bridges. See Bridges. Canal or ditch, laying out highway across, procedure and damages, p. 505, § 2694. Cities authorized to construct, maintain and operate pipes, lines, etc., across, p. 1564, Act 2389b. Condemnation of land for. &'ee Eminent Domain. Construction, supervisors authorized to pay part of out of general fund, when, p. 506, § 2712. Connecting counties of Trinity, Tehama and Shasta counties with road system of Humboldt county, p. 1233, Act 14571. County, supervisors, powers of over enumerated, p. 500, § 2643. Glass, tacks, etc., throwing upon highway, punishment of, p. 209, § 588a. Highway commission, appointment of, p. 1216, Act 1448. Highway commission, bonds of commissioners, p. 1216, Act 1443. Highway commission, existence ends, when, p. 1216, Act 1448. Highway commission, of whom consists, p. 1216, Act 1448. Highway commission, qualifications of members, p. 1216, Act 1448. Highway commission, term of office of members, p. 1216, Act 1448. Highway commission, vacancy, filling of, p. 1216, Act 1448. Highway engineer. See Department of Engineering. Improved under bond issues, maintenance of, p. 1241, Act 1463a. Improved under bond issues, supervisors authorized to levy ta.xes for, p. 1241, Act 1468a. Improvements, advertisements for bids for performance of work, when neces- sary, and how made, p. 502, § 2643, subd. 11. Improvements, completion of contract for, certificate by surveyor, acceptance and payment, p. 503, § 2643, subd. 12. Improvements, kinds and character of, p. 1217, Act 1448, § 10. Improvements, letting out work by contract and part payments on, p. 502, § 2643, subd. 11. Lights on. See Lighting Districts. Naming of, procedure, p. 500, § 2636. Officers, liability for injuries from defects in, p. 1611, Act 2554. Power of supervisors to declare innavigable streams highways for fishing, p. 591, § 4085 1^. Private roads, opening, laying out or altering, procedure, p. 504, § 2692. Railroad not permitted on improved highway, p. 1217, Act 1448, § 10. Railroad or street railroad, laying out highway across, procedure and damages, p. 505, § 2694. 2448 INDEX. HIGHWAYS CContinupd). Road ilistrict improvement tet of 1907, officers and employees, ippointtnent, qualifications and salaries, p. 1234, Act 1463. State aid, construction and maintenance in cities and towns, p. 1242, Act 1468c. State, Alpine, course of defined, p. 1229, Act 1457e. State, Alpine, estahliKhment of, p. 1229, Act 1457e. State, Alpine, supervisi,5, 5 4005c. Public administrator, fees of. p. 691, 8 4244, subd. 11. I INDEX. 2451 HUMBOLDT COUNTY (Continupd). lifccirdcr, ilt'imtifs, numljor, appointment and salary, p. 690, § 4244, subd. 3. Recorder, fees, what to pay into treasury and what may keep, p. 690, § 4244, subd. 3. Recdider, salary of, p. 690, § 4244, subd. 3. RpK'strar of voters, salary, fees, allowances, deputies and assistants, pp. 596, 601, § 4149e. Salaries and fees, how and when paid, p. 695, § 4244, subd. 20. Sheriff, deputy, appointment, and salary, p. 690, § 4244, subd. 2. Sheriff, salary of, p. 690, § 4244, subd. 2. Shorthand reporter, salary and allowances, p. 692, § 4244, subd. 15. State normal school, establishment of in, p. 1916, Act 3553a. Superintendent of schools, deputy, appointment and salary, p. 691, § 4244, subd. 12. Superintendent of schools, salary of, p. 691, § 4244, subd. 12. Supervisors, mileage as road commissioners, p. 692, § 4244, subd. 14. Supervisors, salary and mileage, p. 692, § 4244, subd. 14. Surveyor, salary and expenses, p. 692, § 424-1, subd. 13. Tax collector, deputy, appointment and salary, p. 090, § 4244, subd. 6. Tax collector, salary of, p. 690, § 4244, subd. 6. Treasurer, salary of, p. 690, § 4244, subd. 5. HUSBAND AND WIFE. Abandonment or neglect of wife, compelling husband to work and paying pro- ceeds to wife, p. 197, I 273h. Abandonment or neglect of wife, competency of wife as witness, p. 251, § 1322. Action by for damages to wife, consequential damages to husband recoverable without separate statement, p. 19, § 427. Assignment of wages or salary, written consent of wife or husband necessary, p. 152, § 955. Competency of as witnesses in criminal actions, p. 251, § 1322. Fine imposed for nonsupport of wife may be paid to wife, p. 197, § 270d. Infants. See Infants. Married women as parties. See Married Women. Nonsupport of wife, abandonment or neglect is prima facie willful, p. 197, § 270e. Nonsupport of wife, proof of marriage, p. 197, § 270e. Nonsupport of wife, rule as to privileged communications between does nov apply, p. 197, § 270e. Privileged communications between, what are, p. 96, § 1881. Torts of wife, liability of husband for, p. 108, § 171a. HYGIENIC LABOEATOEY. See State Board of Health. IBIS. See Game Laws. ILLEGITIMACY. See Legitimacy. IMMIGRATION. Act of 1913, relating to immigrants and immigration, p. 1261, Act 1589. 2452 INT)EX. IMMIGRATION (Confinu<>d). Cfjinmisgion of, creation of, p. 1201, Act 1589. Commission, duties of, p. 1261, Act 1589. Commission of, number of commissioners, appointment and terms of oflRce, p. 12G1, Act 1589. Commission of, officers and employees of and compensation of, p. 1261, Act 1589. IMPEEIAI, COUNTY. Agricultural e.vpcriment station in, estahri., subd. 9. County clerk, deputies, salaries of, p. 768. { 4265, subd. 1. County clerk, salary of, p. 768, {4265, subd. 1. District attorney, deputy, salary of. p. 769, I 426.'!. subd. 8. District attorney, salary of, p. 769, { 42G.i, subd. 8. District attorney, stenographer, appointment, compensation and duties, p. 769, § 4265, subd. 8. Expenses, ofKcors are allowed unles6 olberwiae provided, p. 771, ] 4265, subd. 20. Yinh and trame warden, salary and expenses and how paid, p. 594, { 4149d. Health officer and county physician, salary of. p. 771. } 4265, subd. 18. Horticultural commissioner, inspt'cturs, number, appointment and aalarlea, p. 771, 5 4265, subd. 17. Horticultural commissioner, salary of. p. 771. { 4265, subd. 17. Jurors, crarui. fees and mileaRe, p. 771. J 426,'), subd. 21. Jurors, trial, fees and mileage of, p. 771, § 4265, subd. 21. Justices, population of townships, how ascertained for purpose of fixing sal- aries, p. 771, § 4265, subd. 15. Justices, salaries of, p. 770, $ 4265, subd. 13. Population of, p. 5Cf, § 4005c. Public adininistrator, fees of, p. 770, § 426.'». subd. 10. Recorder, deputy and copyists, appointment and compenaation, p. 769. { 4265. subd. 3. Recorder, salary of, p. 769, S 4265, subd. 3. RcKistrar of voters, salary, fees, allowam-es. deputies and assistants, p. 509. § 4149e. Sanitary inspector, duties and salary, p. 771, 5 4265, snbd. 18. Sheriff, salary and mileage, p. 768, S 4265, subd. 2. Sheriff, under sheriff and deputies, appointment and salaries of, p. 768. { 426.'. subd. 2. Superintendent of schools, deputy, appointment and salary of, p. 770, } 4265, subd. 11. INDEX. 2453 IMPERIAL COUNTY (Con finned). Suporiiiffiident of scluxils, receives no compensation as member of board of education or as secretary, p. 770, § 4265, subd. 11. Superintendent of schools, salary of, p. 770, § 4265, subd. 11. Supervisors, salaries of, p. 771, § 4205, subd. 16. Surveyor, duty to prepare maps, plats or block-books for assessor, p. 770, § 42G5, subd. 12. Surveyor, salary of, p. 770, § 4265, subd. 12. Tax collector, salary and commissions on licenses collected, p. 769, § 4265, subd. 6. Treasurer, salary of, p. 769, § 4265, subd. 5. Veterinarian, deputies, number and salaries, p. 771, § 4265, subd. 19. Veterinarian, salary of, p. 771, § 4265, subd. 19. IMPERIAi IRRIGATION DISTRICT. Boundaries of, p. 1319, Act 1725b. Formation and organization of validated, p. 1319, Act 1725b. IMPROVEMENT BONDS. Sale of cannot be enjoined by taxpayer, p. 22, § 526a. To represent certain special assessments for public improvements, p. 950, Act 390. INDEMNITY. Act of 1911, providing for contracts for exchange of indemnity superseded, p. 1295, Act 1672d. Associations for exchange of contracts providing for authorized, p. 1291, Act 1672c. Associations for exchange of contracts providing for, license of, p. 1291, Act 1672c. Associations for ejcchange of contracts providing for, regulation of, p. 1291, Act 1672c. INDIANS. See Soboda Indians. Sale of firearms and ammunition to, section relating to repealed, p. 205, § 398. INDICTMENTS. Amendment changing offense not allowed, p. 239, § 1008. Amendment of, right of, p. 239. § 1008. Amendment to, time of, p. 239, § 1008. Dismissal as a bar, p. 239, § 1008. Dismissal, resubmission of case after, proceedings on, p. 239. § 1008. Dismissal to be ordered where demurrer sustained without leave to amend, p. 239, § 1008. Setting aside, grounds for, p. 238, § 995. What offenses prosecuted by, p. 232, § 682. INDUSTRIAL ACCIDENT BOARD. See Master and Servant. INDUSTRIAL WELFARE COMMISSION. Creation of, appointment and term of office, p. 1257, Act 1G08. Investigation of employment of women and children, p. 1267, .^ct 1603. Minimum wages for women, investigation of, p. 1267, Act 1603. Powers and duties of, p. 1267, Act 1608. 2454 INDEX. INEBRIATES. Arn-st of, hearing nnd commitment to asylum, p. 481. S218Se. Committed to asylum, parole and discharge of, p. 4tll, S 2185c. INFANTRY. See National Guard. INFANTS. See Adoption: Guardian and Ward; Industrial Welfare Commission; I'arpiit and Child; Tobacco. Abandonment of. See Adoption. Adoption. .See Adoption. Appear either by general guardian or guardian ad litem, p. 15, { 372. AttorneyH* fees against to be fixed by court, p. 94, } 1810b. Attorneys' fees, contract fur by infant is void, p. 94, i 1810b. Cruelty, societies for prevention of. See Corporations for PreTention of Cm- elty to Children and Animals. Custody of infant. See Parent and Child. Death of vendor before conveyance, completion of aale by (uardian of minor, p. 93, S 1810a. Delinquent children. See Juvenile Conrt. Dependent children. See Juvenile Court: State Board of Charities and CVr rections. Deposits in banks by or in name of, p. 871, Act 297, S 16. P>mployment of illiterate minors prohibited, p. 1273, Act 1611. Employment of minors under certain ages prohibited, p. 1273, Act 1611. Feeble minded children. See Sonoma Stale Hom>'. Gnardinn nd litem, when may be appointed, p. 13, | 372. Hours of labor for, regulation of, p. 1273, Act 161 1. Judgment in fnvor of infant, payment of to guardian, p. 94, | 1810b. Juvenile court. See Juvenile Court, liegitimnry. .See l.eKitimnry. Limit on length of lease of property of infant, p. 149, | 718. Mortgage, lease or sale of property of infai'.t See (iuartlian and Ward. Orphan asylums. See Orphan Asylums. Orplinns. See Orphans. Regulation of employment of. p. 1273, Act 1611. Repeal of net of 1903 relating to dependent and delinqnent children, p. 1360, Act 1769: p. 1381, Act 1770, 9 32. Shares of stock of infant, how represented, p. 114, } 313. Tobacco, selling to. See Tobacco. Under eighteen not to work between certain hours in night, p. 1280, Act 1' Under eighteen, penalty for pennittmK them to work at night, p. 1280, Act 1' Violation of law regulating employment of, punishment of, p. 1273, Act 1' . Wages, nssignment of by, written consent of parent or guardian necesMtr,\. p. i.ie, 5 o.is. INFORMATION. Amondniont cliiirging olTeuse not shown at preliminary esaminatton not al- lowed, p. 239. § 1008. Amendment of, right of, p. 239, $ 1008. Amendment to. time of. p. 239, } 1008. Dismis.sHi as a bar, p. 239, i 100.><. Disini.>isal to be ordered where demurrer sustained without leave to amerd, p. 239, § 1008. INDEX. 2455 INFORMATION (Continued). Settin- aside of, grounds for, p. 238, § 995. What ofTeiises prosecuted by, p. 232, § 682. INHERITANCES. Taxes on. See Taxation. INITIATIVE. See Referendum. In cities, p. 1280, Act 1624. In cities under municipal corporation bill, p. 1.520, Act 2348, § 11. Ordinances, for, in counties, p. 585, | 4058. Ordinances, may be proposed by, p. 585, § 4058. Ordinances, proposing by means of initiative, procedure, p. 585, { 4058. Provisions of law to be liberally construed, p. 587, § 4058. INJUNCTION. Bonds for public improvements, sale of cannot be enjoined, p. 22, § 526a. Preliminary, granting of, procedure, p. 22, § 527. Preliminary notice of, p. 22, § 527. Public utility commission, injunction proceedings by, p. 1786, Act 2886, § 75. Temporary cause to be set for trial at earliest possible date and have precedence, p. 22, § 527. Temporary restraining order, continuance of hearing, p. 22, § 527. Temporary restraining order granted without notice, time of return of, p. 22, § 527. Temporary restraining order, hearing given precedence over other matters, p. 22, § 527. Temporary restraining order, hearing on, duty to proceed and dismissal, p. 22, § 527. Temporary restraining order, notice of, p. 22, § 527. Temporary restraining order, procedure, p. 22, § 527. Trademark, protection of by, p. 514, § 3199. "Waste of public money or property by officer, right to enjoin, p. 22, 5 526a. Waters, enjoining diversion or use of, refusing injunction, on giving bond, p. 23, § 530. Waters, injunction against diversion or use of, notice of application for, p. 23, § 530. INNAVIGABLE STREAMS. See Waters. INSANE ASYLUM. Agnews State Hospital, appropriation for cottage for female working patients, p. 1284, Act 1628a. Asexualization of inmates of, p. 859, Act 248. Cost of determining insanity and of commitment, action by commission for against estate, p. 482, § 2197. Cost of maintenance of patient, recovery of from county or from estate of patient or from person liable, p. 482, § 2197. Directors, governor appoints, p. 291, § 368. Drug habitues, arrest of, hearing and commitment of to, p. 481, § 2185c. Drug habitue committed to, discharge of, p. 481, § 2185c. Drug habitues, parole and discharge of, p. 481, § 2185c. Establishment of state hospital in Southern California, p. 1285, Act 1637c. 2456 INDEX. IKSANE ASYLXTM (Continupd). "Family" of officer inrludes only wife and minor rhildren, p. 477, 5 2154. Home for feeble-minded, amounts dne state from counties for conunitinents and method of collection, p. 482, § 2193. Inebriates, arrest of, hearing and commitment to, p. 481, § 2185c. Inebriates, parole and dischari^e of. p. 481, J 2185c. Psychopathic parole act, act to be liberally construed, p. 479, } 2167b, snbd. >~ Psychopathic parole act, cost of support of paroled patients, p. 479, i 2167b subd. 5. Psychopathic parole act. placing patients on parole, p. 479, J 2167b. snhd. 5. Psychopathic parole act, to whom applies, p. 478, 5 2167b. Psychopathic probation officers and deputies, appointment and term of offic* p. 478, § 2167b, subds. 1, 3. Psychopnthic probation officers, notice to where patient bronitht before court p. 478, } 2167b. Psychopathic probation officers, salaries of and expenses, pp. 47^, 479, | 2167. subds. 3, 4. Psychopathic probation officers, to give entire time to office, p. 479, i 2167b. Itooms. furniture, provisions, etc., furnished to oflleer« and their families, p. 477. : 21.54. Suliiries of officers and employees, included in monthly estimate* and paid like other expenses, p. 477, S 2154. Separate accounts kept of allowances to officers and their families, p. 477, § 2154. Sonoma .Stale Home. See .Sonoma State Home. Voluntary patients, charces for care and keepinc of. p. 480, t 2185b. Voluntary pulirnts may be recoiv.-d in, p. 480. J 2185b. Voluntary patient, not to be detained after written notice of desire to leave, p. 480, § 21H.'".h. Voluntary patients, record as to. forwarding to state commission in Innacy, p. 480, § 2185b. Voluntary patients, rules and regulations governinf, p. 480, ' ■V"*' Voluntary patients, who are, p. 480, } 2185b. INSANE PERSONS. Adjudication of insanity, court to file certificate of with clerk, p. 853,1 1106, subd. .'i.>n in lunacy, p. 92, § 177,1. INDEX. 2457 INSANE PERSONS (Continued). (huudiuii, powers and duties of, p. 91, § 1764; p. 92, § 1765. Guardian, sale of property when income insufficient, notice of to secretary of state commission in lunacy, p. 93, § 1777. Guardian, sale of property when income insufficient, right of, p. 93, § 1777. Guardian, when appointed, p. 91, § 1764. Insane asylums. See Insane Asylums. Lease of property, power to order, p. 80, § 1577. Lease of property, procedure, p. 80, § 1577. Limit on length of lease of property of, p. 149, § 718. Mortgage of property, power to order, p. 80, § 1577. Mortgage of property, procedure on, p. 80, § 1577. Partition proceedings, death of party, effect of and proceedings on, p. 34, S 763. Psychopathic parole act, permitting patients to remain at home or commit- ting to institution, p. 479, § 2167b, subd. 5. Sale of mining property or option on, power to authorize, p. 80, § 1577. Sale of mining property or option on, procedure, p. 80, §§ 1577, 1580. Shares of stock of, how represented, p. 114, § 313. INSECTICIDES. Regulation of manufacture, sale, adulteration and misbranding of, p. 827, Act 48. Repeal of act to prevent fraud in sale of paris green, p. 1651, Act 2614. INSECTS. See Insecticides; State Horticultural Commissioner. INSOLVENCY. See Bankruptcy and Insolvency. INSPECTOBS. Livestock inspector. See Livestock Inspector. INSTRUCTION. See Schools. INSURANCE. Agents. See Insurance Companies. Appropriation to the use of the state compensation fund, p. 1295, Act 1672e. Casualty insurance, regulation of, p. 1415, Act 2144a. Classitieation and kinds of insurance business, p. 306, § 594. '' Commissioner. See Insurance Commissioner. County fire insurance companies. See County Fire InsMranee Companies. Indemnity, associations for exchange of contracts providing for. See Indemnity. Investments must not exceed market value of securities, p. 119, § 421, subd. 6. Liability of employer for injuries from negligence, insurance against, p. 1415, Act 2144a. Life, provision for paid-up policy on default after three payments, p. 121, § 450. Life, provision for paid-up policy on default, effect of failure to insert, p. 121, § 450. Life, provision for paid-up policy on default, not waived by contract, p. 121, § 450. Life, requirement of paid-up policy on default does not apply to annuities, industrial policies or term contracts, p. 121, § 450. 2458 INDEX. INStlEANCE rConllnued). Life, surieiidtr of policy for cash sum on default after three payments, p. 121, § 450. Mutual benefit associations. See Mutual Benefit Associations. Mutual fire insurance companies. See Mutual Fire Insurance Companies. Notice to of injury, accident, etc., provision in policy limiting time for where void, p. 179, S 2633a. Notice to of injury, accident, etc., when may be given, p. 179, { 2633a. Particular kind of insurance. See particular title. State compensation insurance fund, p. 14.!9, Act 2144a, S 36 et seq. Title. See Title Insurance. rNSITRANCE COMMISSIONEHS. See Insurance Companies; Insurance Corpora ti.ilis. Authority over investments by insurance companies. See Insurance Corpora- lions. Examination of companies, expense of, p. 313, | 597. Examination of companies on petition of interested persons, p. 313,1597. Examination of companies organized outside of state, p. 313, $597. Examination of companies, power and duty as to, p. 313, \ 597. Examination of companies, powers in making and duties of compaDiea, p. 313, § 597. R.xumination of companies, publication of proceedings, p. 313, S 597. Examination of companies, where and how conducted, p. 313, { 597. Expenditures, how audited and paid, p. 306, i 591. Governor appoints, p. 291, S 368. Mortgage insurance corporations, power and authority orer. See Mortgag* Insurance Corporations. Papers to be filed with by insurance companies, p. 317, i 607. Rooms and furniture for, p. 30(i, J 591. Special fund for, p. 306, 5 591. Statements filed with by companies, publication of synopsis' of, p. 318, { 611. Statements filed with by companies, what to show, p. 31S, J fill. Statements to be filed with by companies annually, p. 318, { 611. Stationery, fuel, printing, and other conveniences, p. 306, S 591. Traveling and other exj)ense8, p. 306. { 591. Title insurance corporations, pi^wt r and authority over. See Title Insurance Corporations. INSURANCE COMPAKIES. See Insurnnn : Insurance Commusiontr ; hmurstue Corporation!!. Agent, one cannot act as for company not authorised to do business, p. 310. § 596. Antl. rixed companies, wh.it are, p. 310, 5 596. Borrowing of money from by officers prohibited, p. 1295, Act lti72f. Capital stock required of, p. 309, § 504. subd. 16. Certificate of authority, duration of, p. 310. ; 596. Certificate of authority, examination of before issuance of. p. 313, { 597. Certificate of authority, must obtain from insurance commissioner before d.'i: _• business, p. 310, § 596. Certificate of authority not granted or renewed where company in defsii' p. 310, § 596. Certificate of authority not to be issued, when, p. 313, § 597. INDEX. 2459 INSURANCE COMPANIES (Continued). (kimpliance with statute necessary before doing business, p. 310, § 596. Corporations. See Insurance Corporations. County fire insurance companies. See County Fire Insurance Companies. Examination of. See Insurance Commissioner. Investment of funds of in bonds of irrigation districts, p. 1344, Act 1732b. Life insurance. See Insurance. Liability insurance companies. See Liability Insurance Companies. Mutual workmen's compensation insurance companies, organization and man- agement of, p. 1296, Act 1672h. Noncompliance with statute, duty of attorney general on receiving notice of, p. 321, § 635d. Noncompliance with statute, state treasurer to notify attorney general, p. 321, § 635d. Notices to be printed on cover of policies relating to future assessments, p. 1296, Act 1672g. Policies issued without compliance with law are Toid, p. 396, § 596. Procuring insurance from companies not authorized to do business, conditions of, p. 396, I 596. Statement to be filed with articles, what to show, p. 320, § 635c. Surplus line broker defined, p. 396, § 596. Surplus line broker, license, renewal of after revocation, conditions as to, p. 396, § 596. Surplus line broker, license, revocation of, grounds for, p. 396, § 596. Surplus line broker, license, revocation of, what acts amount to, p. 396, § 596. Surplus line broker, license to, conditions of issuance, p. 396, § 596. Surplus line broker, license to, insurance commissioner may issue, p. 396, § 596. Surplus line broker, rights and duties of, p. 396, § 596. Ta.\alion of for benefit of state, act relating to, p. 2151, Act 4065. Tax upon, retaliatory provisions, p. 2153, Act 4065, § 3. ITnauthorized companies, persons insured in, duty to produce policies, disclose premiums, etc., p. 396, § 596. Unauthorized companies, power to place insurance with, p. 390, § 596. Unauthorized companies, what are, p. 396, § 596. INSURANCE CORPORATIONS. See Insurance Commissioner; Insurance Com- panies. Cannot do any kind of insurance unless authorized by charter, p. 309, § 594, subd. 16. Capital stock, amount to be paid up before doing business, p. 309, § 594, subd. 16. Capital stock required to do business, p. 309, § 594, subd. 16. Capital stock to be exclusive of liabilities for losses, expenses, etc., p. 309, § 594, subd. 16. Fire and marine insurance corporations. See Fire and Marine Insurance Corporations. Investments, funds, how may be invested, p. 118, § 421. Investments, life insurance companies, loans upon its own policies, p. 119. § 421, subd. 7. Investments, life insurance company, policy loans, cancellation of registration of policy, p. 119, § 421, subd. 7. 2460 INDEX. INSIXBANCE COEPOEATIONS (Continued). Invt-slnieots, life insurance companies, policy loans not secnrity which m»y be deposited with insurance commissioner, p. 119, $421, subd. 7. Investments, power oi insurance commissioner over. p. 119, {421, subd. 6. Investments, report on stocks and bonds, insurance commissioner may require, p. 120, } 422. Inveslireii'ii. Btocks and bonds, authority of insurance commissioner in valuing and finality of finding, p. 120, S 422. Investments, stork.s and bonds, how vahiod. p. 120. i 422. Investments, to be reported to insurance commissioner, p. 119, {421, subd. 6. Liability insurance companies. See Liability Insurance Companies. Mortgage insurance corporations. See Mortgage Insurance Corpurationa. Taxation of for benefit of state, p. 2151, Act 4065. Title insurance corporations. See Title Insurance Corporations. INTEREST. Iiamnces in rnndemna'-ioa proceedings, interest on where plaintiff let into pos- session, p. 69, S 1251. Demands agiiiiist school districts, interest on, p. 400, { 1543a. Deposits with trust company, interest on, p. 907, Act 297. | 95. Reelamiitinn district asHessmeiils, interest on, p. 525, J 3466. Reuulutiiin of rate of interest that can be charged by personal property brokers, p. 1655, Act 2C37. University, interest on diverted funds of, p. 1100, Act 1276. INTERPRETERS. See Grand Jury. INTERSTATE COMMERCE. Till, lie utility ,,. I does not aflTect, p. 1790. Act 2888.(85. INTERURBAN RAILROADS. K.k'iiliiti'>ii "f iiinKr i.\iMic utility act. See Public Dtilitieg. TI. INTERVENTION. Troii ciliiiKs before roilroad commission, intenrention in, p. 1777, Act 2?^6, § Ola. • INTOXICATING LIQUOR. .\(hillernti<>n of. See Adulteration. Bringing into jail, state prison or reformatory • felony, p. 193, | 171a. Driving nutonmbile or motorcycle while intoxicated, punishAent of, p. 203, § 3fi7d. ' Ineliriiites, arrest of, hearing and commitment to asylum, p. 481, | 218Sc. Inebriates committed to Hsylum. p.trole and discharge of. p. 481, { 2185c. Ijocal option, elections upon question of, p. 1301. Act 1696. Local option, regulation of traflic in li(|unrs by establifihing. p. 1301. Act 1 ' ">. No license territory, duty to declare territory to be unless majority f.'i\'>r license, p. 1301, Act 1696. No license territory, licenses or permits to sell in declared voiii Act 1696. No license territory, permits or licenses to sell not to be franted in, p. '. Act 1696. No license territory, sale or gift of liquors in, punishmeut of, p. 1301, Act ! j INDEX. 2461 INTOXICATING LIQUOR (Continued). Sale of between 2 and 6 o'clock A. M., a misdemeanor, p. 205, § 397c. Sale of between 2 and 6 o'clock A. M. prohibited, p. 205, § 397c. Selling or giving in or near certain state institutions, punishment, p. 193, § 172. Viticulture, experimental and research work in. See Viticulture. INVENTORY. See Guardian and Ward. INVESTMENT COMPANIES. Articles of incorporation, fees to be paid on filing with secretary of state, p. 320, § 635c. Articles of incorporation to be filed with secretary of state, p. 320, S 635c. Attorney general, duty of to examine, p. 323, § 635i. Attorney general, duty of where deficiency of assets, p. 321, § 635e. Blue sky law regulating, supervising and licensing, p. 1308, Act 1699. Defined, p. 319, § 635a. Deposit, action for withdrawal on ceasing to do business and defense of by attorney general, p. 320, § 635e. Deposit by, action to withdraw, company to pay expenses of, p. 321, § 635e. Deposit, company may use dividends, profits or interest of, p. 322, § 635f. Deposit, not to do business until made, p. 324, § 635k. Deposit of securities and cash with state treasurer by companies not licensed by bank commissioners, p. 319, § 635b. Deposit, right to substitute securities for cash or other securities, p. 322, § 635f. Deposit with state treasurer, collateral to secure loans may be deposited as part of, p. 322, § 635g. Loans, collateral to secure may be deposited with treasurer of state, p. 322, § 635g. Loans, note and collateral to be given to secure, p. 322, § 635g. Loans out of reserve fund, limitations upon, p. 322, § 635g. Noncompliance with statute by, punishment of, p. 323, § 635]. '.Provisions of statute, to whom applies, p. 323. §6351. Regulation, supervision and licensinjj of (blue sky law), p. 1308, Act 1699, Reserve fund, investment of, p. 323, § 635h. Reserve fund, what to be apportioned to, p. 323, § 635h. What companies are, p. 319, § 635a. DIVESTMENTS. See Title Insurance Corporations. Banks, investments by, how affected by bank act, p. 929, Act 297, § 145. Insurance companies, by. See Insurance. Irrigation bonds, investment of corporate, trust or public funds in, p. 1344, Act 1732b. Savings banks may invest in what property, p. 898, Act 297, § 67. Savings banks may make what, p. 889, Act 297, § 61. Surplus state funds may be invested in what bonds, p. 1182, Act 1284c. Trust companies, how to invest capital, surplus and trust funds, p. 912, Act 297, § 105. Trust company, liability for, p. 907, Act ?97, § 94. Trust funds. See Mortgage Insurance Corporations. [NYO COUNTY. Assessor, salary of, p. 798, § 4276, subd. 7. 2462 INDEX. INYO COUNTY (Continued). Auditor, salary ol, p. 798. i 4276, subd. 4. ClasKification of, p. 569. $ 4006. Constablps, fees of, p. 798, { 4276, Bubd. 14. Copyists, appointment, number and compensation of, p. 798, S 4276. lubd. 3. Coroner, fees of, p. 798, i 4276, subd. 9. County clerk, salary of, p. 798, { 4276, subd. 1. District attorney, salary of, p. 798, i 4276, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594. | 4149d. Jurors, grand, fees and mileage, p. 800, i 4277, subd. 18. Jurors, trial, fees and mileage, p. 800.- { 4277, subd. 18. Justices, salaries and fees of, p. 798, } 4276, sabd. 13. Juslii-cK, supervisors determine population of townshipa for purpose of fixing salaries, p. 799, } 4276. subd. 16. Oflfirial reporter, compensation, allowance! and expenses of, p. 799, | 4276, subd. 16. Population of, p. 566, 5 4005e. Population of townships, supervisors determine for purpoae of flzin^ aalaries, p. 800, S 4276, subd. 16. Public administrator, fees of, p. 798, ( 42T6, anbd. 10. Recorder, copyists, appointment and compensation of, p. 798, | 4276, tnbd. 3. Recorder, fees to be paid into county treasury, p. 798, | 4276, subd. 3. Recorder, salary of, p. 798, J 4276, snbd. 8. Registrar of voters, salary, fees, allowaneea, depntiei and •aaiatanla, pp. 000, (iOI, § 4 14 9c. Sheriff, salary and mileage, p. 798, { 4276, aubd, 2. Sheriff, to pay salaries . Witnesses, demanding fees and mileage in advance, p. 800, | 4277, snbd. 19. Witnesses, fees and mileage, p. 800, S 4277, aubd. 19. IRRIGATION. See Irrigation Districts. ('. § 103. Cities of first class, justices not to practice before aaother Justice or hjire law partner, p. 6, $ 103. Cities of first class, justices, salaries are sole eompeniation, p. 6, | 103. Cities of first class, salaries, how paid. p. 6, i 108. Cities of first and one-half class, fees, report of and payment into treasury, p. 6, § 103. Cities of first and one hnlf class, justices in, number of, p. 6, { 103. Cities of first and one-half class, justices, jurisdiction and powers, p. 6, { lOt. Cities of first and one-half class, justices, mutt hare been admitted to prac- tice, p. 6, S 103. Cities of first and one-half class, justices not to practice before another Jaatitij or have liiw partner, p. 6, $ 103. Cities of first and one-half class, salaries are sole compensation, p. 6, | 1'^-'* Cities of first and one-half class, justices, salaries of, p. 6, { 103. Cities of second class, clerks, appointment, term of office, bond and po«('I^ p. 4, § 101. Cities of second class, clerks, dutiea of, pp. 4, 5, (f 101, 102. Cities of second class, clerk, fees, fines and penalties, p. 5, { 102a. Cities of second class, clerk, office hours, \>. 4. § 99. Cities of second duss, clerk, offices and rooms for, p. 4, { 99. Cities of second class, clerks, salaries of, p. 5, § lO'Jb. Cities of second class, clerks, salaries to be in lieu of feea, p. 5, ( 102b. Cities of second class, fees,' report of and paynuut into treaaury, p. 6, | 103. Cities of second class, justices, jurisdiction and powers, p. 6, { 103. INDEX. 2465 JUSTICES' COURTS (Continued). Cities of second class, justices not to practice before another justice or have law partner, p. 6, § 103. Cities of second class, justices must have been admitted to practice, p. 6, § 103. Cities of second class, justices, number of, p. 4, §99; p. 6, § 103; p. 571, § 4014. Cities of seeond class, justices, office hours, p. 4, § 99. Cities of second class, justices, powers, jurisdiction and authority, p. 4, § 100. Cities of second class, justices, salaries of, p. 6, § 103. Cities of second dnss, justices, salaries are sole compensation, p. 6, § 103. Cities of second clas.s, justices, salaries to be in lieu of fees, p. 5, § 102b. Cities of second class, offices and rooms for, p. 4, § 99. Cities of second class, powers and jurisdiction, p. 4, § 99. Cities of second class, presiding justice, p. 4, § 99. Cities of second class, process, return of, p. 4, § 100. Cities of second class, sessions of, p. 4, § 99. Cities of second and one-half class, clerk, appointment, confirmation, term of office and bond, p. 7, § 103V2. Cities of second and one-half class, clerk, powers and duties of, p. 7, § 103%. Cities of second and one-half class, clerk, salary of, p. 7, § 103 Vi. Cities of second and one-half class, fees, report of and payment into treasury, p. 6, § 103. Cities of second and one-half class, justices not to practice before another jus- .tice or have law partner, p. 6, § 103. Cities of second and one-half class, justices must have been admitted to prac- tice, p. 6, § 103. Cities of second and one-half class, justices, number of, p. 6, § 103. Cities of second and one half class, justices, salaries of, p. 6, § 103. Cities of second and one half class, justices, salaries are sole compensation, p. 6, § 103; p. 7, § 103 i/i. Cities of third class, clerk, appointment, confirmation, term of office and bond, p. 7, § 103%. Cities of third class, clerk, powers and duties of, p. 7, § 103%. Cities of third class, clerk, salary of, p. 7, § 103%. Cities of third class, fees, report of and payment into treasury, p. 6, § 103. Cities of third class, justices, jurisdiction and powers, p. 6, § 103. Cities of third class, justices not to practice before another or to have law partner, p. 6, § 103. Cities of third class, justices must have been admitted to practice, p. 6, § 103. Cities of third class, justices, number and election of, p. 6, § 103. Cities of third class, justices, sal.Tries of, p. 6, § 103. Cities of third class, justices, salaries are sole compensation, p. 6, § 103; p. 7, § 103%. Cities of fourth class, fees, report of and payment into treasury, p. 6, § 103. Cities of fourth class, jurisdiction and powers, p. 6, § 103. Cities of fourth class, justices, number and election of, p. 6, § 103. Cities of fourth class, justices, salaries of, p. 6, § 103. Cities of fourth class, salaries ai^e sole compensation, p. 6, § 103. Judgment a lien on land from time of filing abstract, p. 40, § 900. 155 2466 INDEX. JUSTICES' COURTS (Continned). Judement, lien of, duration of, p. 40, { 900. JudKmeiit, lien of, filing successiTe abstracts and continuing lien, p. 40. S 900. Judgment not lien on land unless abstract filed in county, p. 40, J 900. Judgment to be entered within thirty days of submission, p. 40, { 892. Justices, election of, p. 6, { 103. Justices in certain cities not eligible unless admitted to practice law, p. 6, i 103. Justices not to have law partner, p. 6, S 103. , Justices not to practice before another justice, p. 6, § 103. Justices, salaries, how paid, p. 6, S 103. Justices to be provided with suitable offices, p. 6, { 103. Justices. .See Justices of the Peace. Offenses need not be prosecuted by indictment or information, p. 232, { 682. One justicp's court at least in each township, p. 6, { 103. Salary, oath that no cases undecided over thirty days before drawing, p. 40, 5 8. { 102a. Townships of two hundred and fifty thousand, fees, flnet and penalties become property of county, p. ."i, 8 102a. Townships of two hundred and fifty thousand, feet to be paid in advance, p. 5, 8 1028. Townships of two hundred and fifty thousand, office hours, p. 4, 8 99- Townships of two hundred and fifty thousand, papers, transcripts or records in. issuing, signing and certifying, p. S, 8 102. Townships of two hundred and fifty thousand, pleadings and papers filing atul record of, p. 5, 8 102. Townships of two hundred and fifty thousand, powers and duties of, pp. 4, .'. 88 100. 101, 102. Townships of two hundred and fifty thousand, powers and jurisdiction of jus tices. p. 4, 8 S'9. Townships of two hundred and fifty thousand, presiding justice of. p. 4. 8 ^^■ Townships of two hundred and fifty thousand, process, issuance and return of. pp. 4, 5. 88 100, 101, 10_*. Townships of two hundred and fifty thousand, rooms for, duty of supervis'>r^ p. 4. § 99. Townships of two hundred and fifty thousand, salary is in lien of fees, p. 8 102b. Townships of two hundred and fifty thousand, salary of justices, p. 5, f 102b. Townships of two hundred and fifty thousand, sessions of court, p. 4, J 99. Trial, date of, to be entered in docket, p. 3S, § ?50. INDEX. 24G7 JUSTICES' COURTS (Continued). 'I'rial, notice of, entry of service in docket, p. 38, S 850. Trial, notice of, evidence of service, p. 38, § 850. Trial, notice of, form of, p. 38, § 850. i Trial, notice of, how served, p. 38, § 8.')0. Trial, notice of, how served where party has appeared by attorney, p. 38, § 850. Trial, notice of, time of service of, p. 38, § 850. Trial, notice of to be given, p. 38, § 850. Trial, notice of, to whom given, p. 38, § 850. Trial, notice of, return and filing of, p. 38, § 850. Trial, notice of, when may be served by mail, p. 38, § 850. Trial, notice of, who may serve, p. 38, § 850. Trial, parties entitled to one hour in which to appear, p. 38, § 850. Two may be established in townships by supervisors when, p. 6, § 103. Writs, notices or process to be served by constables of townships, p. 603/ § 4189. JUSTICES OF THE PEACE. See Justices' Courts. .Vcknowledgnirnt, may take, p. 155, § 1181. Codes, stationery, blanks and forms furnished to, p. 807, § 4281, subd. 13. Fees of, p. 819, § 4300e. Number of in townships, p. 571, § 4014. See Justices' Courts. Particular counties, of. See particular title. Township, additional, petition required before appointment of by supervisors, p. 571, § 4014. Township officers, are, p. 571, § 4014. JUSTIFICATION. By surety companies, p. 46, § 1057a. JUTE. See State Prisons. JUVENILE COURT. Child may be determined to be abandoned by, p. 109, § 224. Delinquent children, who are, p. 1360, Act 1770, § 1. Dependent and delinquent children, care, custody and maintenance of, p. 1360, Act 1770. Dependent and delinquent children, commitment and release of, manner of, p. 1360, Act 1770. Dependent and delinquent children, commitment to and release from institu- tions, p. 1360, Act 1770. Dependent and delinquent children, detention homes for, p. 1360, Act 1770. Dependent and delinquent children, punishment of persons responsible for de- pendency or delinquency, p. 1360, Act 1770. Dependent children, who are, p. 1360, Act 1770, § 1. Jurisdiction of superior court over offenses, p. 1360, Act 1770. Juvenile court law of 1909 as amended, p. 1360, Act 1770. Misdemeanors need not' be prosecuted by indictment or information, p. 232, § 682. Probationary treatment of juvenile offenders, p. 1360, Act 1770. Probation committee, establishment of, p. 1360, Act 1770. Probation officers, salaries of in various counties, p. 1360, Act 1770. 2468 INDEX. JUVENILE COtJET (Continued). Proredure in, p. 1360, § 1770. Repeal of juvenile court, act of 1903, p. 1360, Act 1769. Whittier State School. See Whittier State School. K KERN COUNTY. AHKf'sBor, dpputifs and asitislants, appointment, number and compenaation. p. 671, 5 4240. subd. 7. Assessor, fees and cnmraissions to be paid into treasury, p. 671, i 4240. subd. 7. AsbesRor. receives no compensation for making ont military-roll, p. 671, } 4240 Ruhd. 7. AhRessor, salary of. p. 671. S 4240. subd. 7. Auditor, di'puty, appointment and salary of, p. 670, 8 4240, subd. 4. Auditor, galary of. p. 670. } 4240. subd. 4. Clnssifioalion of. p. 567. 5 4<;06. ConRtables, population of townshipn, how ascertained for purpoars of fixing Ralnries. p. 674. §4240. subd. 14. Constables, salaries and expenses, p. 674, J 4240. subd. 14. Coroner and public administrator, powers and duties, p. 672, t 4240. subd. 0. Coroner and public ndministrator. salary and expenses, p. 672, ^ 4240, subd. f> ('oroner, deputy, appointment, powers, duties and compensation, p. 672. I 4'Jli' subd. 9. Coroner, fees and commissions to be paid into treasury, p. 672, | 4240, subd '.• County clerk, deputies, numlier, appointment and salaries, p. 669, } 4- 1" subd. 1. County clerk, salary and allowances, p. 669, { 4240, subd. 1. District attorney, deputy and stenographer, appoiatment. terms of ofHce and salaries, p. 672, { 4240, subd. 8. District attorney, salary of. p. 672. i 4240, aubd. 8. Game warden, salary and expcnKts nf, p. S9i. | 4149d. •Turors, prnnd, fees of, p. 674. } 4240, subd. 14. .lurofR, trial, fees of. p. 674. { 4240. subd. 14. Justice.s, population of townshijis, how ascertained for purpose of fixing sal aries. p. 674, 5 4240, subd. 14. .Tuslires. snlnries and fees. p. 674. S 4240. subd. 14. Population of, p. 505. 8 4005c. Recorder, deputies, assistants, number, appointment th.I rninppr.mii.ni n t'T" 8 4240, subd. 3. Recorder, expenses of. p. 670, 8 4240. subd. 3. Recorder, salary, p. 670, 8 4240, aubd. 3. Ref;istrnr of voters, salary, fees, allowances, deputies and ataistanis, pp. 5<.m 601. § 4140e. Salaries of superior judges of. p. 1382, Act 1794. Salaries, provisions increasing do not apply to incumbents, p. 674. 8 4241"' subd. It. SherifT, ili'puties. number, appointment and duties, p. 669. 8 4240. subd. 2. Sheriff, sal.iry, fees and mileage, p. 669. § 4240, subd. 2. Superintendent of schools, deputies and salaries of, p. 672.8 4240. sabd. 11. Superintrndeiit of schools, salary and expenses, p. 672. § 4240, subd. 11. Superior judges, increase of in. p. 1382. .\ct 1790a. INDEX. 24C9 K£RN COtTNTT (Continued). Siip.rvisors, salary and mileage, p. 673, § 4240, subd. 13. Survc.vcir, sulury and expenses, p. 673, § 4240, subd. 12. Tax and license collertnr, deputies and clerks, number, appointment and rom- pensation, p. 671, § 4240, subd. 6. Tax and license collector, fees and cummissions to be paid into treasury, p. 071, § 4240, subd. 6. Tax and license collector, salary of, p. 671, § 4240, subd. 6. Treasurer, deputy, appointment and salary of, p. 67U, § 4240, subd. 5. Treasurer, fees and commission to be paid into county treasury, p. 671, § 4240, subd. 5. Treasurer, salary of, p. 670, § 4240, subd. 5. KINGS COUNTY. Assessor, commissions to be paid into county treasury, p. 7.58, § 4261, subd. 7. Assessor, deputies and copyist, appointment and salaries, p. 738, § 4261, subd. 7. Auditor, deputy, salary of, p. 758, § 4261, subd. 4. Assessor, salary of, p. 7.58, § 4261, subd. 7. Auditor, salary of, p. 758, § 4261, subd. 4. Classification of, p. 568, § 4006. Constables, salaries and fees of, p. 759, § 4261, subd. 14. Coroner, fees of, p. 758, § 4261, subd. 9. County clerk, deputy, appointment and salary of, p. 758, § 4261. subd. 1. County clerk, salary of, p. 758, § 4261, subd. 1. District attorney, salary of, p. 758, § 4261, subd. 8. Fish and game warden, salary and expenses of, and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage, p. 759, § 4261, subd. 15. Jurors, trial, fees and mileage, p. 759, § 4261, subd. 15. Justices, salaries and fees of, p. 759, § 4261, subd. 14. Population of, p. 566, § 4005c. Public administrator, fees of, p. 758, § 4261, subd. 10. Recorder, copyist, appointment and salary, p. 757, § 4261, subd. 3. Recorder, salary of, p. 757, § 4261, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 598, 601, § 4149e. Sheriff, bailiff, salary of, p. 757, § 4261, subd. 2. Sheriff, jailer, salary of, p. 757, § 4261, subd. 2. Sheriff, salary of, p. 757, § 4261, subd. 2. Superintendent of schools, salary of, p. 759, § 4261, subd. 11. Supervisors, salaries of, p. 759, § 4261, subd. 13. Surveyor, fees of, p. 759, § 4261, subd. 12. Tax collector, deputy, salary of, p. 758, § 4261, subd. 6. Tax collector, salary of, p. 758, § 4261, subd. 6. Treasurer, salary of, p. 758, § 4261, subd. 5. KNIGHTS LANDING DRAINAGE DISTRICT. Act relating to, p. 1062, Act 977. 2470 INDEX. L LABELS. Guaranty as • defense in prosecution for mislabeling goods, p. 824, Act 29; p. 831, Act 48, § 9. Insecticides or fungicides, misbranding of, prevention of, p. 827, Act 48. Labeling of furniture stuffed with second-hand material, duty of labor com- missioner, p. 1403, Act 2062. Mislabeling of food or drugs, prevention of, p. 824, Act 29. Protection of owners of bottles used in sale of liquids, p. 2227, Acts 4121, 4122. LABOR. Hours of. See Hours of Labor. Misrepresentation of kind of labor employed in producing goods, punishment of, p. 201, § 349a. LABORATORY. See State Board of Health. LABOR COMMISSIONER. See Labor Statistics. Enforcement of law requiring labeling of furniture stuffed with second-hand material, p. 1403, Act 2062. Power of commissioner or his deputies to make arrests, p. 1403, Act 2062. LABOR STATISTICS. Act of 1905 directing commissioner of bureau of to collect certain statistics re pealed, p. 1383, Act 1827. Attorney for bureau of, p. 1384, Act 1829. Commissioner of bureau of, appointment of, p. 1383, Act 1828. Commissioner of bureau of, appointments, what may make, p. 1383, Act 1828. Commissioner of bureau of, deputies of, number of and where to reside, p. 1383, Act 1828. Commissioner of bureau of, headquarters of at San Francisco, p. 1383, Act 1828. Commissioner of bureau of, may make rules and regulations governing employ- ment agencies, p. 1144, Act 1038. Commissioner of bureau of, oifices for, p. 1383, Act 1828. Commissioner of bureau of, to enforce law regulating houts of labor for infants, p. 1273, Act 1611. Salary of commissioner of bureau of and of his deputies and assistants, p. 1383, Act 1828. LAKE COUNTY. Assessor, salary of, p. 805, § 4279, subd. 7. Auditor, salary of, p. 805, § 4279, subd. 4. Board of education, members, compensation and mileage of, p. 805, § 4279, subd. 16. Board of education, secretary, compensation of, p. 805, § 4279, subd. 16. Classification of, p. 569, § 4006. Constables, fees of, p. 805, § 4279, subd. 14. Coroner, fees of, p. 805, § 4279, subd. 9. County clerk, salary of, p. 805, § 4279, subd. 1. District attorney, salary of, p. 805, § 4279, subd. 8. INDEX. 2471 LAKE COUNTY (Continued). Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Justices, fees of, p. 805, § 4279, subd. 13. Population of. p. 566, § 4005c. Public administrator, fees of, p. 805, § 4279, subd. 10. Recorder, salary of, p. 805, § 4279, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistant's, pp. 600, 601, § 4149e. Sheriff, salary, fees, commissions and expenses of, p. 805, § 4279, subd. 2. Superintendent of schools, salary, allowances, and expenses, p. 805, § 4279, subd. 11. Supervisors, compensation and expenses as road commissioner, p. 805, § 4279, subd. 15. Supervisors, compensation and mileage, p. 805, § 4279, subd. 15. Surveyor, fees of, p. 805, § 4279, subd. 12. Tax collector, salary of, p. 805, § 4279, subd. 6. Treasurer, salary of, p. 805, § 4279, subd. 5. LAKES. See Lake Tahoe. Extraction of minerals from, regulation of, p. 1491, Acts 2231, 2232. Lands uncovered by recession of, containing minerals, to be leased, p. 540, § 3493m. Lands uncovered by recession of, sale of, p. 540, § 3493m. Piping waters from into another state, prevention of, p. 2330, Act 4351. LAKE TAHOE. Appropriation for improvement of Lake Tahoe wagon road, p. 1385, Act 1864. Catching trout in streams running into, regulation of, p. 222, § 632. LANDLORD AND TENANT. Duties in relation to registration of voters. See Elections. Gambling, liability of lessor where premises used for, p. 199, § 330a. Leases. See Leases. Limit on length of lease of city property, p. 149, § 718. Limit on length of lease of insane person, p. 149, § 718. Limit on length of lease of property of minor, p. 149, § 718. Tenancy at will, how may be terminated, p. 150, § 789. LASSEN COUNTY. Assessor, deputy, appointment and salary, p. 807, § 1281, subd. 7. Assessor, salary of, p. 807, § 4281, subd. 7. Auditor, salary of, p. 807, § 4281, subd. 4. Classification of, p. 570, § 4006. Constables, fees of, p. 807, § 4281, subd. 14. Coroner, fees of, p. 807, § 4281, subd. 9. County clerk, salary of, p. 806, § 4281, subd. 1. District attorney, salary of, p. 807,5 4281, subd. 8. Fish and game warden, salary and expenses and huw paid, p. 594. § 4149d. Jurors, fees of, provision as to repealed, p. 808, § 4281h. Justices, salaries of, p. 807, § 4281, subd. 13. Official reporter, per diem, fees and expenses of, p. 807, § 4281, subd. 1ft. Population of, p. 566, § 4005c. Public administrator, fees of, p. 807, § 4281, subd. 10. 2472 INDEX. LASSEN COUNTY (Continued). Recorder, salary of, p. 807, § 4281, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, p. 601, § 4149e. Sheriff, no expenses, fees or mileage allowed to, p. 806, § 4281, subd. 2. Sheriff, salary of, p. 806, § 4281, subd. 2. Superintendent of schools, salary and expenses of, p. 807, § 4281, subd. 11. Supervisors, salary and mileage, p. 807, § 4281, subd. 15. Surveyor, fees of, p. 807, § 4281, subd. 12. Tax collector, salary and percentage on licenses collected, p. 807, § 4281, subd. 6. Treasurer, salary of, p. 807, § 4281, subd. 5. LAUNDRIES. Lien of proprietors of, p. 183, § 3051. LAURITZEN COMPANY. Act authorizing it to sue state repealed, p. 1962, Act 3795. LAWLEY. Authority to construct turnpike road in Lake county granted to John Lawley, p. 2233, Act 4203. LEARNING. See Seminary of Learning. LEASES. See Landlord and Tenant. Mineral lands, p. 540, § 3493m. See Mines and Mining. Property of decedent. See Estates of Decedents. Property of infant. See Guardian and Ward. Property of insane persons. See Insane Persons. Right to take minerals from waters, leasing of, p. 1491, §§ 2231, 2232. LEGACIES. See Wills. LEGISLATION. See Initiative; Referendum. Legislative counsel bureau, creation of, p. 1386, Act 1901. Legislative counsel bureau, functions, powers, duties, etc., p. 1386, Act 1901. LEGISLATURE. Acts of 1891 and 1901 dividing state into legislative districts repealed, p. 1389, Acts 1908, 1909. Assembly districts, p. 272, § 90. Attorney, attendance of on, continuance of trial, p. 27, § 595. Fees not to be charged legislators by secretary of state, p. 292, § 409. Notifying legislature of results where names of candidates for senator placed on ballot and duty of officers, repeal of act, p. 2240, Act 4231. Senatorial districts, p. 261, § 78. Witnesses neglecting or refusing to appear, arrest of, p. 291, § 303. Witnesses neglecting or refusing to appear, contempt proceedings against, p. 290, § 302. LEGITIMACY. Ad(j]jtion of illegitimate child, consent of mother, p. 109, § 224. Court may make and enforce order for maintenance of illegitimate by father, p. 108, § 196a. I t INDEX. 2473 LEGITIMACY (Continued). Father as well as motlier of illegitimate child liable for maintenance, p. 108, § 196a. Guardian or mother of illegitimate may sue father for maintenance, p. 109, § 196a. LELAIID STANFORD JTJNIOE UNIVERSITY. Admission of graduates to practice law without examination, p. 10, § 280b. LEVEE DISTRICT. See Reclamation Districts. Bonded indebtedness, authorized to incur for certain purposes, p. 1391, Act 1923. Bonds, issuance of by, p. 1391, Act 1923. Formation of district from lands in different counties, p. 1389, Act 1922. No. 1, Sutter county, amendment of act relating to, p. 1825, Act 2944. No. 2, Sutter county, funds of and disposition of, p. 1830, Act 2946. LIABILITY INSURANCE COMPANIES. Capital stock required of, p. 307, § 594, subd. 8. What included in liability insurance, p. 309, § 594, subd. 16. LIBRARIES. See Free Libraries; State Library. Indebtedness, how estimated, p. 314, § 602a. LICENSE COLLECTOR. Allowances to, p. 816, § 4290. County officer, is, p. 570, § 4013. Particular counties, of. See particular title. Tax collector is, ex officio, p. 570, § 4013. LICENSES. Associations for exchange of contracts providing for indemnity, licensing, p. 1291, Act 1672c. Automobile, p. 1496, Act 2331a. Building and loan associations, license on, p. 972, Act 428. Cheese, imitation, licensing producing, buying and selling of, p. 986, Act 473. Commercial travelers dealing in goods at wholesale, license not required of, p. 580, § 4041, subd. 25. Commercial traveler, license cannot be required of where dealing at wholesale, p. 580, § 4041, subd. 23. Corporations, on. See Corporations. Corporations, license tax upon. See Corporations. Employment agents, license for operating, p. 1144, Act 1038. Fish, licensing persons engaged in propagating, rearing and selling, p. 1194, Act 1340h. Fishing, license on, p. 1186, Act 1298: p. 1187, Act 1298a. Fish or game, license necessary to deal in, p. 218, S 630. Free, to ex-soldiers, sailors and marines, p. 580, § 4041, subd. 13. Game animals or birds, to raise. See Game I^aws. Governor authorized to issue licenses to men to organize as military com- panies, p. 1485, Act 2203. Jacks let to service, license of, p. 1956, Act 3750. License collectors, particular counties, iu. See particular title. 2474 INDEX. LICENSES (Continued). License collector, percentage allowed to on licenses collected, p. 815, § 4290. Maternity hospitals, lying-in asylums and orphan asylums, licensing of by state board of charities and corrections, p. 1398, Act 1943. Motor vehicles, .p. 1496, Act 2331a. Oleomargarine, licensing manufacture and sale of, p. 986, Act 473. Pipe-lines, for, p. 1614, Act 2558. Renovated butter, licensing manufacture of, p. 986, Act 473. Right of ex-soldiers, sailors or marines to sell without, p. 580, § 4041, subd. 25. Stallions let to public service, of, p. 1956, Act 3750. Supervisors, authority of over, p. 580, § 4041, subd. 25. Surplus line broker, to. See Insurance Companies. Toll-roads, power of supervisors over, p. 582, § 4041, subds. 35 and 36. Vocation of dealing in fish and in wild game and animals, licensing of, p. 1192, Act 1340f. Water, for use of, repeal of act relating to issuance and renewal of, p. 2329, Act 4350. LICK OBSERVATORY. See University of California. LIEN'S. See Mechanics' Liens. Building and loan associations, exemption of property of from, p. 972, Act 428. Enforcement of liens under inheritance tax law, pp. 2129, 2130, Acts 4035a, 4035b. Irrigation district bonds, release of lien arising from, p. 1348, Act 1732b. Judgments in justices' courts, of. See Justices' Courts. Personal properly, lien on for services performed on, p. 183, § 3051. Reclamation assessments become, p. 525, § 3463. School lands, cancellation of lien for taxes on, p. 1978, Act 3841. LIEU LANDS. See State Lands. LIFE ESTATE. Decree terminating on death of party, p. 89, § 1723. LIFE INSURANCE. See Insurance; Life Insurance Companies. What included in life insurance, p. 306, § 594, subd. 2. LIFE INSURANCE COMPANIES. Capital stock required before doing business, p. 309, § 594, subd. 16. LIGHTING COMPANIES. See Gas Companies; Electric Companies. LIGHTING DISTRICTS. Formation, government and operation of by unincorporated cities, amendments of act of 1909 relating to, p. 1235, Act 1466. Exempt from provisions of act relating to waters, p. 2266, Act 4340. LIGHTNING INSURANCE COMPANIES. Capital stock required of, p. 309, § 594, subd. 16. LIGHTS. See Municipal Corporations. LIMITATION OF ACTIONS. See Statute of Limitations. INDEX. 2475 LIQUORS. See Intoxicating Liquors. LIS PENDENS. Filing of in condemnation proceedings, p. 66, § 1243. LIVEEY-STABLE KEEPERS. Lien of, p. 183, § 3051. LIVESTOCK INSPECTOR. y Must be a duly qualified livestock inspector, p. 575, § 4023. Must have certificate issued by state veterinary medical board on file with county clerk, p. 575, § 4023. LOAN ASSOCIATIONS. See Building and Loan Associations. LOBSTER. See Game Laws. LOCAL OPTION. See Intoxicating Liquors. LOCKOUTS. See Master and Servant. LODGING-HOUSE KEEPERS. Duties in relation to registration of voters. See Elections. Exit and stairway signs, duty to post and penalty for neglect, p. 1250, Act 1529. . LODGING-HOUSES. See Hotels. LONG BEACH. >Charter of, p. 1399, Act 1973. Grant of tide lands to by state, p. 1399, Act 1974. LOS ANGELES CITY. Act of 1909 for dedication to public use for street purposes of certain lands of state normal school repealed, p. 1400, Act 1989. Charter of, amendments to, p. 1400, Act 1975. Dedication of land of state normal school to widen Vermont avenue, p. 1401, Act 1991a. Exposition building at, appropriation for furnishing, equipping and maintain- ing at, p. 1402, Act 1992b. Exposition building at, provision for maintaining permanent exhibit at, p. 1402, Act 1992b. Grant of tide lands to by state, p. 1400, Act 1991. Justice's clerk in. See Justice's Courts. Justice's court in. See Justices' Courts. Justices of the peace in. See Justices' Courts. Normal school, appropriation for purchase of additional land, p. 191fi, Act 3554b. Normal school, sale of land of by trustees confirmed, p. 1919, -Act 3551c. Normal school, sale of site by trustees and purchase of new site, j). 1917, Act 3554a. Pilots for Wilmington and San Pedro, repeal of act providing for, p. 1063, Act 2672. Police courts in, p. 1674, Acts 2741, 3742. 2476 INDEX. LOS ANGELES CITY (Continued). Tide lands, acts of attorney general in prosecuting suits for recovery of con- firmed, p. 1402, Act 1992c. Tide lands in, declaration that they are required for commerce, navigation and fishing, p. 1402, Act 1992c. Tide lands, grant of to, p. 1400, Act 1991. LOS ANGELES COUNTY. Assessor, allowances of, p. 609, § 4230, subd. 8. Assessor, commissions not allowed to for collection of personal property or poll-taxes, p. 815, § 4290. Assessor, cost of maps, plats, block-books, etc., allowance for and accounting, p. 609, § 4230, subd. 8. Assessor, deputies, clerks and assistants, number, enumeration, appointment and salaries, p. 609, § 42.30, subd. 8. Assessor, no compensation allowed to for making out military-roll, p. 609, § 4230, subd. 8; p. 815, § 4290. Assessor receives no compensation for collecting personal property or poll taxes, p. 609, § 4230, subd. 8. Assessor, salary, p. 609, § 4230, subd. 8. Assessor to receive no commissions or allowances in, p. 609, § 4230, subd. 8. Auditor of, deputies, clerks and assistants, number, enumeration, appointment and salaries, p. 606, § 4230, subd. 4. Auditor of, salary of, p. 606. § 4230, subd. 4. Board of education, compensation and mileage of members of, p. 611, § 4230, subd. 12%. Charter of, p. 1403, Act 1992. Classification of, p. 566, § 4006. Constables, deputies of, p. 614, § 4230, subd. 16. Constables, fees and expenses, of, p. 614, § 4230, subd. 16. Constables, fees, what allowed, report of and disposition of, p. 614, 5 4230, subd. 16. Coroner, deputy clerk and stenographer, appointment, salaries and duties of, p. 610, § 4230, subd. 9. Coroner, duties of, p. 610, § 4230, subd. 9. Coroner, powers of, p. 610, § 4230, subd. 9. Coroner, salary and expenses of, p. 610, § 4230, subd. 9. County board of education, compensation and mileage of members, p. 611, § 4230, subd. 121^. County clerk, clerks, number, appointment and salaries, when great register to be made, p. 604, § 4230, subd. 1. County clerk, deputies, clerks and employees, number, enumeration of, appoint- ment and salaries, p. 604, § 4230, subd. 1. County clerk, salary of, p. 604, § 4230, subd. 1. District attorney, deputies, employees and assistants, number, enumeration, appointment and salaries of, p. 608, § 4230, subd. 7. District attorney, salary of, p. 608, § 4230, subd. 7. District attorney to devote entire time to office, p. 602, § 4156b. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d; p. 615, § 4230, subd. 17. Health officer, salary of, p. 611, § 4230, subd. 12. Health officers, special, compensation of, p. 611, § 4230, subd. 12. INDEX. 2477 LOS ANGELES COUNTY (Continued). Health officers, special, limit on expenditure for in single year, p. 611, § 4230, subd. 12. Justices, clerks of, appointment and salaries, p. 613, § 4230, subd. 15. Justices, clerks of. powers and duties of, p. 613, § 4230, subd. 15. Justices, fees of, disposition of and report of. p. 613, § 4230, subd. 15. Justices, offices, furniture and supplies, duty to provide, p. 613, § 4230, subd. 15. Justices, salaries are in lieu of fees, p. 613, § 4230, subd. I.t. Justices, salaries of, p. 613, § 4230, subd. 15. License collector, no commissions for collecting licenses allowed to, p. 41d, § 4290. Poll taxes and road poll taxes, commissions on allowed county in settlement with state, p. 609, § 4230, subd. 8. Population of, p. 565, § 4005c. Public administrator, deputy, appointment and salary of, p. 611, § 4230, subd. 10. Public administrator of, salary of, p. 611, § 4230, subd. 10. Recorder of, deputies and copyists, number, enumeration of, appointment and salaries, p. 606, § 4230, subd. 3. Recorder of, salary of, p. 606, § 4230, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 595, 601, § 4149e. Sheriff, deputies and employees, number of, enumeration of, appointment and salaries, p. 605, § 4230, subd. 2. Sheriff, salary and expenses of, p. 605, § 4230, subd. 2. Sheriff, under-sheriff, appointment and salary, p. 605. § 4230, subd. 2. Special counsel, power to employ, p. 608, § 4230, subd. 7. Superintendent of schools, deputies and assistants, number, enumeration, ap- pointment and salaries, p. 611, § 4230, subd. 11. Superintendent of schools, salary and expenses of, p. 611, § 4230, subd. 11. Superior court, any one or more of judges may hold court, p. 3, § 67a. Superior court, judgments and orders of any session as effective as if all judges presided, p. 3, § 67a. Superior court, number of judges of, p. 3, § 67a. Superior court, number of sessions of, p. 3, § 67a. Superior court, presiding judge, selection and removal of, p. 3, § 67a. Superior court, six additional judges, appointment, terms of office and salaries, p. 3, I 67a. Supervisors, deputies, clerks and assistants, number, enumeration, appoint- ment and salaries of, p. 612, § 4230, subd. 14. Supervisors, salaries, fees and mileage, p. 612, § 4230, subd. 14. Surveyor, deputies and assistants, number, enumeration, appointment and salaries, p. 612, § 4230, subd. 13. Surveyor, salary and expenses of, p. 612, § 4230, subd. 13. Tax collector, deputies, stenographers and clerks, number, enumeration, ap- pointment and salaries, p. 607, § 4230, subd. 6. Tax collector, salary and expenses of, p. 607, § 4230, subd. 6. Treasurer of, deputies, number, enumeration, appointment and salaries, p. 007, § 4230, subd. 5. Treasurer of, salary of, p. 607, § 42;!t), subd. 5. 2478 INDEX. LOST CERTIFICATES. Proceedings iu case of loss of lieu land certificates, p. 515, § 3408d. LOST DEEDS. Actions against' state to quiet title in case of. See State. LOST DOCUMENTS. Admissibility of abstracts of title where records lost or des,troyed. p. 95, § 1855a. LOST PROPERTY. See Unclaimed Property. LOST RECORDS. Patints for swamp and overflowed lands. See Swamp and Overflowed Lands. LOTTERIES. Giving of lot with a ticket a misdemeanor, p. 208, § 532a. LUNACY. See Insane Asylums; Insane Persons. M MACHINERY INSURANCE COMPANIES. Capital stock required of, p. 309 § 594, subd. 16. What included iu, machinery insurance, p. 307, § 594, suhd. 9. MADERA COUNTY. Assessor, deputies, number, appointment and salaries, p. 785, § 4271, subd. 7. Assessor, salary of, p. 785, § 4271, subd. 7. Auditor, deputy, appointment and salary, p. 784, § 4271, subd. 4. Auditor, salary of, p. 784, § 4271, subd. 4. Classification of, p. 569, § 4006. Constables, salaries and fees of, p. 786, § 4271, subd. 14. Coroner, fees of, p. 785, § 4271, subd. 9. County clerk, deputy, appointment and salary of, p. 784, § 4271, subd. 1. County clerk, salary of, p. 784, § 4271, subd. 1. District attorney, salary of, p. 785, § 4271, subd. 8. District attorney, stenographer, appointment and salary, p. 785, § 4271, subd. 8. Fish and game warden, salary and e.xpenses and how paid, p. 594, § 41<,9d. Justices of the peace, salaries and fees of, p. 786, § 4271, subd. 14. Official reporter, fees of, p. 786, § 4271, subd. 16. Population of, p. 566, § 4005c. Public administrator, fees of, p. 785, § 4271, subd. 10. Recorder, deputy, appointment and salary, p. 784, § 4271, subd. 3. Recorder, fees, what portion to pay into treasury, and what may keep, p. 784, § 4271, subd. 3. Recorder, salary of, p. 784, § 4271, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 599. • 601, § 4149e. Sheriff, salary, fees, mileage, commissions and expenses of, p. 784. § 4271, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 785, § 4271, subd.^11. I INDEX. 2479 MADERA COUNTY (Continued). .Superintendent of schools, salary of, p. 785, § 4271, subd. 11. Supervisors, compensation as road commissioners, p. 786, § 4271, subd. 15. Supervisors, salary and mileage, p. 786, § 4271, subd. 15. Supervisors, to act as road commissioners, p. 786, § 4271, subd. 15. Surveyor, assistants to, provision as to repealed, p. 786, § 4271a. Surveyor, compensation and expenses, p. 785, § 4271, subd. 12. Tax collector, deputy, appointment and salary, p. 784, § 4271, subd. 6. Tax collector, salary of, p. 784, § 4271, subd. 6. Treasurer, salary of, p. 784, § 4271, subd. 3. MAIL. Service of notice in justices' courts by mail, p. 38, § 850. MANDAMUS. Damages and costs, execution may issue, p. 47, § 1095. Damages and costs, recovery of where judgment for applicant, p. 47, § 1095. Damages and costs where state, county or city officer a party, p. 47, § 1095. Peremptory writ to issue where judgment given for applicant, p. 47, § 1095. Public utility commission, by, p. 1786, Act 2886, § 75. MANUFACTURES. See Adulteration. Adulterated food or liquors, manufacture of, prevention of, p. 824, Act 29. Butter. See Butter. Cheese. See Cheese. Keeping of medical and surgical appliances in factories, p. 1405, Act' 2063a. Labeling of furniture stuffed with secondhand material, duty of labor com- missioner to enforce law, p. 1403, Act 2062. Misrepresentation of kind of labor employed in producing goods, punishment of, p. 201, § 349a. Owners of bottles, kegs, etc., protection of, p. 2227, Act 4122. Registration of factories, workshops, mills and other manufacturing establish- ments, p. 1404, Act 2063. MAPS. Act of 1893, providing for recording of maps of tracts subdivided for sale, repealed, p. 1405, Act 2064. Amendments of act of 1913, providing for recording of maps of tracts sub- divided for sale, p. 1406, Act 2065. MARLN COUNTY. Assessor, deputy and copyist, appointment and salary, p. 721, § 4251, subd. 7. Assessor, salary, commissions and fees, p. 721, § 4251, subd. 7. Auditor, deputy and salary of, p. 720, § 4251, subd. 4. Auditor, salary of, p. 720, | 4251, subd. 4. Board of education, compensation and mileage, p. 721, § 4251, subd. 16. Classification of, p. 568, § 4006. Constables, allowances and fees of, p. 721, § 4251, subd. 14. Coroner, fees of, p. 721, § 4251, subd. 10. County clerk, deimties, appointment and salary, p. 719, § 4251, subd. 1. County clerk, salary and allowances, p. 719, S 4251, subd. 1. District attorney, salary of, p. 721, §4251, subd. 8. Fish and game warden, salary and expenses of and how paid, p. 594, J 4149d. 2J80 INDEX. MAKIN COUNTY (Continuea). Justices, fees of, p. 721, § 4251, subd. 13. Population of, p. 565, § 4005c. Public administrator, fees of, p. 721, § 4251, subd. 11. Recorder, deputy and copyists, appointment and salary of, pp. 720, 729, § 4251, subd. 3. Recorder, salary of, p. 720, § 4251, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 597, 601, § 4149e. Sheriff, deputy, appointment and salary, p. 720, § 4251, subd, 2. Sheriff, salary and fees of, p. 720, § 4251, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 721, § 4251. Superintendent of schools, salary and expenses, p. 721, § 4251, subd. 9. Supervisors, mileage as road overseer, p. 721, § 4251, subd. 15. Supervisors, salary and mileage of, p. 721, § 4251, subd. 15. Surveyor, fees of, p. 721, § 4251, subd. 12. Tax collector, deputy and copyist, appointment and salaries, p. 720, § 4251, subd. 6. Tax collector, salary of, p. 720, § 4251, subd. 6. Treasurer, salary of, p. 720, § 4251, subd. 5. IklARINE INSURANCE COMPANIES. Capital stock required of, p. 309, § 594, subd. 16. What included in marine insurance, p. 306, § 594, subd. 3. MARINE INSURANCE CORPORATIONS. See Fire and Marine Insurance Cor- porations. MARINES. See Soldiers and Sailors. MARIPOSA COUNTY. Assessor, salary of, p. 810, § 4283, subd. 7. Auditor, salary of, p. 810, § 4283, subd. 4. Classification of, p. 570, § 4006. Constables, fees of, p. 810, § 4283, subd. 14. Coroner, fees of, p. 810, § 4283, subd. 9. County clerk, salary of, p. 809, § 4283, subd. 1. District attorney, salary of, p. 810, § 4283, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage, p. 810, § 4283, subd. 16. Jurors, trial, fees and mileage, p. 810, § 4283, subd. 16. Justices, compensation of, p. 810, § 4283, subd. 13. Population of, p. 566, I 4005c. Public administrator, fees of, p. 810, § 4283, subd. 10. Recorder, fees, what may retain and what to pay to treasury, p. 809, § 4283, subd. 3. Recorder, salary of, p. 809, § 4283, subd. 3. Registrar of voters, salary, allowances, fees, deputies and assistants, p. 601, § 4149e. Sheriff, salary of, p. 809, § 4283, subd. 2. Superintendent of schools, salary and expenses of, p. 810, § 4283, subd. 11, Supervisors, compensation and mileage, p. 810, § 4283, subd. 15. Supervisors, compensation as road commissioner, p. 810, § 4283,- subd. 15. INDEX. 2481 MARIPOSA COUNTY (Continued). Surveyor, fees of, p. 810, § 4283, subd. 12. Tax collector, salary and percentage on licenses collected, p. 810, § 4283, subd. 6. Treasurer, salary of, p. 810, § 4283, subd. 5. MARRIAGE. Divorce. See Divorce. Proof of on prosecution for adtiltery, p. 196, § 269b. Proof of on prosecution for nonsupport of wife, p. 197, § 270e. MARRIED WOMEN. Deposits in banks by, or in name of, p. 871. Act 297, § 16. Husband, liability of for torts of wife, p. 108, § 171a. May be sued alone for civil injuries, p. 108, § 171a. Parties, married women as, husbands must be joined, when, p. 14, § 370. MARSHALS. Peace officers, are, p. 234, § 817. MASTER AND SERVANT. See Mechanics' Liens. Accidents, report of, p. 1415, Act 2144a. Advertisements and solicitations for employees during strikes or lockouts, regulation of, p. 1409, Act 2140a. Blacklisting by agent or employee of master, liability for, p. 231, § 653e. Blacklisting, punishment for, p. 231, § 653e. Blacklisting, statements of reason for discharge, when is and when not, p. 231, § 653e. Buildings, protection of workmen employed in, p. 1410, Act 2141. Building, temporary floors in building more than three stories high, p. 1410, Act 2141. Employers' liability act of 1911 repealed, p. 1415, Act 2144. Employers' liability law of 1913, p. 1415, Act 2144a. Employment agencies. See Employment Agencies. Evidence of indebtedness, issuance of for wages prohibited, p. 1413, Act 2142. Evidence of indebtedness, issuance of for wages, punishment of, p. 1413, Act 2142. Female employees, duty to provide seats for, p. 1260, Act 1537. Female employees, limit on hours of labor of, p. 1260, Act 1537. Female employees, penalty where employer fails to comply with act relating to, p. 1260, Act 1537. Hours of labor. See Hours of Labor. Hours of labor in underground mines, p. 1490, Acts 2230, 2230a. Industrial accident board abolished, p. 1465, Act 2144c. Industrial accident board, report of and publication of statistics, p. 1463, Act 2144b. Industrial accident board succeeded by industrial accident commission, p. 140.5, Act 2144c. Industrial accident commission, act creating and governing, p. 1417, Act 2144a, § 3. Industrial accident commission, additional duties imposed on, p. 1463, Act 2144b. 158 2482 INDEX. MASTER AND SERVANT (Continued). Industrial accident commission, duty to give information to, p. 1463, Act 2144b. Industrial accident commission, powers and duties of, p. 1415, Act 2144a. Industrial accident commission, powers of industrial accident board conferred on, p. 1465, Act 2144c. Industrial accident commission, researches and investigations by, p. 1463, Act 2144b. Industrial accident commission, review of orders, decisions and awards, p. 1415, Act 2144a. Industrial accident fund, creation of and appropriation of money, p. 1468, Act 2144f. Industrial welfare commission. See Industrial Welfare Commission. Infants, employment of. See Industrial Welfare Commission; Infants. Injuries, record of claims for and of settlements and compromises and report of to industrial accident board, p. 1466, Act 2144d. Injuries to employees, record of and report of to industrial accident board, p. 1466, Act 2144d. Minimum wage for women. See Industrial Welfare Commission. Misrepresenting kind of labor employed in producing goods, punishment of, p. 201, § 349a. Mutual workmen's compensation companies, organization and management of, p. 1296, Act 1672h. Occupational diseases, reporting of, p. 1706, Act 2827. Sanitation and ventilation in and at camps where five or more persons em- ployed, p. 1412, Act 2141b. Scaffolding and staging for protection of workmen, regulation of, p. 1411, Act 2141a. State compensation insurance fund, p. 1439, Act 2144a, § 36 et seq. Time for payment of wages, p. 1413, Act 2143. Wages, assignment of, provision relating to, p. 152. § 955. Wiping rags, regulation of use of, p. 1720, Act 2840b. Women, employment of. See Industrial Welfare Commission. MATERIALMEN. See Mechanics' Liens; Public Works. MATRONS. Female prisoners, for. See Jails. McENERNEY ACT. Repeal of limitation upon time in which action may be brought, p. 1152, Act 1048. MEASURES. See Weights and Measures. MECHANICS' LIENS. Actions, any number of persons claiming liens may join, p. 56, § 1195. Actions, consolidation of. p. 56, § 1195. Actions, costs, money paid for verifying and recording claims, p. 56, § 1195. Action, dismissal for want of prosecution, p. 54, § 1190. Action, dismissal of or judgment that no lien exists, effect of, p. 54, § 1190. Actions, judgment may be docketed for deficiency of proceeds of sale under foreclosure, p. 56, § 1194. Actions, personal, attachment in, affidavit need not state demand not secured, p. 56, § 1197. INDEX. 2483 MECHANICS' LIENS (Continued). Actions, personal, attach jient may be taken out, p. 56, § 1197. Actions, personal, judgment does not affect lien, p. 56, § 1197. Actions, personal, may be brought for debt, p. 56, § 1197. Actions, personal, money collected on to be credited on lien, p. 56, § 1197. Action, time within which to be brought, p. 54, § 1190. Agent of owner, who is within mechanic's lien law, p. 50, § 1183. All persons performing labor or furnishing materials are entitled to, p. 50, § 1183. Alteration of work or modification of contract does not release sureties, p. 50, § 1183. Amount of, not limited by contract price, p. 50, § 1183. Amount of, not to exceed reasonable value of labor done or material furnished or price agreed, p. 50, § 1183. Amount, purpose of statute is to limit owner's liability to contract price, when, p. 50, § 1183. Amount, recovery restricted to amount due from owner, when, p. 50, § 1183. Bond, amount and conditions of, p. 50, § 1183. Bond, owner may require of contractor, p. 50, § 1183. Bond, to whose benefit inures, p. 50, § 1183. Bond, sureties not released by alterations or modifications, p. 50, § 1183. Bond, sureties not released by what acts of owner, p. 55, § 1193. Cessation from labor, effect of, p. 53, § 1187. Cessation from labor, notice of, filing of, p. 53, § 1187. Claim of, contents of, p. 53, § 1187. Claim of, false notice of, forfeiture of lien for, p. 57, § 1202. Claim of, including work or materials not furnished or performed, effect of, p. 57, § 1202. Claim of mistakes or errors in, effect of, p. 57, §§ 1203, 1203a. Claim of lien, place of filing, p. 53, § 1187. Claim of lien, time to file, p. 53, § 1187. Claim of lien, time to file, where work subject to approval by public officer, p. 54, § 1191. Claim of lien, verification of, p. 53, § 1187. Completion of building, notice of, contents of, p. 53, § 1187. Completion of building, notice of, estoppel from failure to file, p. 53, § 1187. Completion of building, notice of may be filed, p. 53, § 1187. Completion of building, notice of, time to file, p. 53, § 1187. Completion of building, notice of, verification of, p. 53, § 1187. Completion of building, trivial imperfection, effect of, p. 53, §1187. Completion of building, what constitutes, p. 53, § 1187. Construction of act is to be liberal, p. 50, § 1183, note. Construction of act, policy and purpose of legislature, p. 50, § 1183, note. Contract, change or modification of, do not release sureties, p. 50, § 1183. Contract, filing of is equivalent to actual notice, p. 50, § 1183. Contract, labor or materials not covered by, p. 50, § 11H3. Contract price, note to exceed, p. 50, § 1183. Contractor, deduction from payments due to on recovery by lien claimants against owner, p. 5.5, § 1193. Contractor failing to perform contract, provision of code as to, repealed, p. 57, § 1200. Contractor, judgment rendered against for deficiency, when, p. 50, § 1183. Contractor, limit of amount of recovery by, p. 55, § 1193. 2484 INDEX. MECHANICS' LIENS (Continued). Contractor, owner may require bond of, p. 50, § 1183. Contractor, recovery from by owner wliere payments to lien claimants exceed amount due to, p. 55, § 1193. Contractor to defend actions on liens filed against owner, p. 55, § 1193. Contractor, withholding payments where liens filed against owner, p. 55, § 1193. Direct, liens are, p. 50, § 1183. Foreclosure, deficiency of proceeds, judgment may be docketed for, p. 55, § 1194. Improvements on lots at request of owner, lien for, p. 54, § 1191. Improvements on lots at request of owner, time to file lien where subject to approval by public officer, p. 54, § 1191. Judgment limited to amount remaining due to (Contractor, when, p. 50, § 1183. Judgment rendered against contractor for deficiency, when, p. 50, § 1183. Land subject to lien, extent of, p. 52, § 1185. Land subject to lien where owner owns less than fee, p. 52, § 1185. Mines, agent of owner, who is under mechanic's lien law, p. 50, § 1183. Mines, persons performing labor or furnishing materials have lien, p. 50, § 1183. Notice of completion of building, filing of, place of and fee for, p. 53, § 1187. Notice of completion of building on cessation of labor, p. 53, § 1187. Notice of contract, filing of contract in recorder's office is equivalent to, p. 50, § 1183. Notice of labor performed or materials furnished, form of, p. 52, § 1184. Notice of labor performed or materials furnished, form, defect in, effect of, p. 52, § 1184. Notice of labor performed or materials furnished, how given, p. 52, § 1184. Notice of labor performed or materials furnished may be given owner, p. 52, •§ 1184. Notice of labor performed or materials furnished, owner may demand, p. 52, i 1184. Notice of labor performed or materials furnished, refusal to give owner, effect of, p. 52, § 1184. Notice of labor performed or materials furnished, withholding payment in case of, p. 52, § 1184. Notice of want of responsibility, contents of, p. 55, § 1192. Notice of want of responsibility, effect of failure to post and file, p. 55, § 1192. Notice of want of responsibility may be posted, p. 55, § 1192. Notice of want of responsibility, verification and filing of, p. 55, § 1192. Not to extend to labor or materials not within original contract or modification of which claima7it had notice, p. 50, § 1183. Power companies, provision giving lien to repealed, p. 52, § 1183a. Prevention of performance by owner, what acts do not amount to, p. 55, § 1193. Public building, on. See Public Works. Purpose of statute is to limit owner's liability to contract price when, p. 50, § 1183. Structures upon which may be filed, p. 50, § 1183. Time of continuance of lien, generally, p. 54, § 1190. Time of continuance of lien where credit given, p. 54, § 1190. Who entitled to, p. 50, § 1183. MEDICINE. See University of California. Act of 1913, regulating admission to practice and the practice of medicine, p. 1460, Act 2164. Optometry. See Optometry. INDEX. 2485 MEDICINE (Continued). Privileged communications between physician or surgeon and patient, p. 96, § 1881. Privileged communication between physician or surgeon and patient, who may waive in action for death, p. 96, § 1881. Repeal of act of 1907 regulating practice of medicine and surgery, p. 1469, Act 2163. MENDOCINO COUNTY. Assessor, salary of, p. 727, § 4253, subd. 7. Auditor, salary of, p. 726, § 4253, subd. 4. Classificalion of, p. 568, § 4006. Constables, population of counties, how ascertained, for purpose of fixing sal- aries, p. 728, § 4253, subd. 15. Constables, salaries, allowances, fees and expenses of, p. 728, § 4253, subd. 15. Constables, temporary guard, employment and compensation of, p. 728, § 4253, subd. 15. Coroner, fees of, p. 727, § 4253, subd. 9. County clerk, salary and allowances, p. 726, § 4253, subd. 1. District attorney, salary and expenses, p. 727, § 4253, subd. 8. Fish and game warden, salary and expenses of and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage of, p. 728, § 4253, subd. 16. Jurors in civil cases, fees, how paid, p. 728, § 4253, subd. 16. Jurors, trial, fees and mileage of, p. 728, § 4253, subd. 16. Justices, salaries and fees of, p. 727, § 4253, subd. 13. Population of, p. 565, § 4005c. Public administrator, fees of, p. 727, § 4253, subd. 10. Recorder, salary of, p. 726, § 4253, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 597, 601, § 4149e. Sheriff, prisoners, expenses of keeping and transporting, p. 726, § 4253, subd. 2. Sheriff, salary, mileage, allowances and expenses of, p. 726, § 4253, subd. 2. Squirrels, tree, provisions of game laws as to, do not apply to, p. 212, § 626g. Superintendent of schools, salary and expenses of, p. 727, § 4253, subd. 11. Supervisors, compensation for services as road commissioner, p. 727, § 4253, subd. 14. Supervisors, salary and mileage, p. 727, § 4253, subd. 14. Surveyor, fees of, p. 727, § 4253, subd. 12. Taking of fish by weirs, dams, nets, traps or seines in, p. 1189, Act 1339. Tax collector and license collector, salary of, p. 726, § 4253, subd. 6. Treasurer, salary of, p. 726, § 4253, subd. 5. MERCED COUNTY. Assessor, deputies, number, appointment, duties ind salaries, p. 701, § 4262, subd. 7. Assessor, salary and fees of, p. 761, § 4262, subd. 7. Auditor, deputy, appointment and salary, p. 760, § 4262, subd. 4. Auditor, salary of, p. 760, § 4262, subd. 4. Classification of, p. 568, § 4006. Constables, classification of townships and ascertaining of population for pur- pose of fixing salaries of, p. 762, § 4262, subd. I't. Constables, salaries, fees and expenses of, p. 762, § 4262, subd. 14. Coroner, fees of, p. 761, § 4262. subd. 9. 2486 INDEX. MERCED COUNTY (Continued). County clerk, deputies, appointment and salaries, p. 760, § 4262, subd. 1, County clerk, salary and allowance of, p. 760, § 4262, subd. 1. District attorney, salary of, p. 761, § 4262, subd. 8. District attorney, stenographer, appointment and salary, p. 761, § 4262, subd. 8. Fish and game warden, salary and expenses of and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage, p. 763, § 4262, subd. 18. Jurors, trial, fees and mileage, p. 763, § 4262, subd. 18. Justices, classification of townships and ascertaining of population for purpose of fixing salaries, p. 762, § 4262, subd. 13. Justices, salaries and fees, p. 762, § 4262, subd. 13. Official reporter of superior court, fees of, p. 763, § 4262, subd. 16. Population of, p. 566, § 4005c. Public administrator, fees of, p. 762, § 4262, subd. 10. Purchasing agent, creation of office of, p. 763, § 4262, subd. 17. Purchasing agent, salary and expenses of, p. 763, § 4262, subd. 17. Recorder, copyists, appointment and salaries, p. 760, § 4262, subd. 3. Becorder, salary of, p. 760, § 4262, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 598, 601, § 4149e. Sheriff, deputy, appointment and salary, p. 760, § 4262, subd. 2. Sheriff, salary and expenses of, p. 760, § 4262, subd. 2. Superintendent' of schools, deputy, appointment and salary, p. 762, § 4262, subd. 11. Superintendent of schools, salary and expenses of, p. 762, § 4262, subd. 11. Supervisors, classification of townships by, p. 762, § 4262. subd. 13. Supervisors, mileage as road commissioners, p. 763, § 4262, subd. 15. Supervisors, salaries and mileage, p. 763, § 4262, subd. 15. Surveyor, fees of, p. 762, § 4262, subd. 12. Surveyor, revising plats for assessor and compensation for, p. 762, § 4262, subd. 12. Tax collector, deputies, appointment and salaries of, p. 761, § 4262, subd. 6. Tax collector, salary of, p. 761, § 4262, subd. 6. Treasurer, salary of, p. 761, § 4262, subd. 5. MILITARY. See Military Companies; National Guard; Soldiers and Sailors. MILITARY COMPANIES. Governor authorized to issue licenses to men to organize as, p, 1484, Act 2203. High school cadet companies, appropriation for defraying expenses of during 65th and 66th fiscal years, p. 1927, Act 3586b. High school cadet companies, appropriation for, p. 1925, Act 3586a. High school cadet companies, officers, commissions, drills, inspection, etc., p. 1925, § 3586a. High school cadet companies, organization, control and equipment of, p. 1925, Act 3586a. High school cadet companies, rifle practice, promotion of, p. 1925, Act 3586a. MILITARY-ROLL. Assessor, failure to do duty, penalty, p. 456, § 1898. Certified copy of, delivery to adjutant general, p. 456, § 1900. Compensation for making, p. 456, § 1901. Failure of head of educatioral institution to report pupils subject to military duty a misdemeanor, p. 456, § 1898. INDEX. 2487 IfQLITARY-ROLL (Continued). Powers and duties of assessor in relation to, p. 455, § 1897. Report of pupils subject to military duty by heads of educational institutions, p. 455, § 1897. State, what constitutes, p. 456, § 1902. MILITIA. See National Guard. MILK. See Adulteration; Dairies. MILLS. See Manufactures. MINERALS. See Mines and Mining. MINES AND MINING. Agent of owner, who is under law providing for meohanic's lien, p. 50. § 1183. Continuance of action involving, to do development work, p. 27, § 595. Extraction of minerals from waters, regulation of, p. 1491, Acts 2231, 2232. Hours of labor in underground mines, p. 1490, Acts 2230, 2230a. Lands covered with water and containing minerals, withdrawal from sale, p. 1491, Act 2232. Lands uncovered by recession of lakes containing minerals to be leased, p. 540, § 3493m. Leasing of right to take minerals from waters, p. 1491, Acts 2231, 2232. Persons performing labor or furnishing materials have lien, p. 50. § 1183. Sale of or option for by guardian of infant. See Guardian and Ward. Sale of or option for mining property by executor. See Estates of Decedents. Sale of or option for mining property by guardian of insane person. See Insane Persons. Sale of or option for mining property by guardian of infant. See Guardian and Ward. Smelters. See Smelters. State Mining Bureau. See State Mining Bureau. MINING BUREAU. See State Mining Bureau. MINISTER. Privileged communication between minister and parishioner, p. 97, § 1881, subd. 4. MINORS. See Infants. anSDEMEANOR. Adiiltd, misbranded or mislabeled food, violation of statute, p. 824, Act 29. Adulteration of insecticides or fungicides, p. 828, Act 48. Adulteration, violation of statute against, p. 824, Act 29. Adultery, living in slate of, p. 190, § 2f;9a. Advertisements or sigiis, placing on public or private property without consent, p. 834, Act 52. Animals, use of as blind in approaching certain water fowl, p. 213, § r)26n. Assault, p. 195, § 241. Automobile, driving while intoxicated, p. 201, S 367d. Automobiles, failure of driver to assist in case of collisions, p. 201, § 307c. Automobile, intoxicated driver injuring person, p. 201, § 367e. 2488 INDEX. MISDEMEANOR (Continued). Bank act, violating provisions of. See Banks and Banking. Batliers, failure of keeper of watering resort to provide for safety of, p. 2344, Act 4369a. Betting upon contests of skill, speed or endurance, p. 200, § 337a. Bockmaking, p. 200, § 337a. Bottles, boxes, kegs, etc., refilling, p. 2227, Act 4122. Bridges, driving or riding over faster than a walk, p. 209, § 590b. Buildings over three stories, failure to provide temporary flooring, p. 1410, Act 2141. Capitol, violation of rules and regulations governing, p. 835, § 717. Cattle, neat, affected with tuberculosis, importation of, p. 852, Act 196. Cattle, neat, importation of without certificate, p. 852, Act 196. Cemetery corporations, borrowing funds of in violation of statute, p. 209, § 573. Certified butter, violation of law regulating, p. 985, Act 472. Cold storage eggs and butter, violation of statute regulating sale of, pp. 1043, 1044, Acts 625, 626. Dairy products, violation of law regulating producing, selling and buying, p. 9So, Act 473. Dice having more than six faces, use of, punishment of, p. 199, § 330a. Eight-hour law for women, failure to obey, p. 1280, Act 1537. Election officer acting as without qualifications, p. 357, § 1142. Election officer, assignment of compensation by or receiving assignment from, p. 340, § 1072a. Election officer failing to comply with statute, p. 347, § 1095a. Election officer, failure to do duty, p. 346, § 1095. Election officer, refusal to act as, p. 357, § 1142. Elections, failure of landlord or lodging-house keeper to give list of lodgers, p. 344, § 1094. Electric poles, wires, cables and appliances, violation of provisions governing, p. 1136, Act 1024. Electric wires, etc., violation of act regulating subways, manholes, etc., p. 1141, Act 1025. Exit and stairway signs, failure of hotel or lodging-house keeper to post, p. 1250, Act 1529. Explosives, violation of provision regulating transportation, storing or selling, p. 1153, Act 1092. False statements as to financial condition, p. 207, § 532a. Farm or villa names, illegal registration of, p. 1597, Act 2390a. Female employees, failure of employer to comply with act relating to, p. 1200 Act 1537. Fires, refusing assistance in combating, p. 204, § 384. Fires, violation of provision for prevention of fires, p. 204, § 384. Food, destruction of, p. 1170, Act 1205. Foods or liquors, adulteration or mislabeling of, p. 824, Act 29. Gambling machines, use of, p. 199, § 330a. Gambling, owner permitting property to be used for, p. 199, § 337a. Game laws, violation of. See Game Laws. Game laws, violation of, pp. 210-229, §§ 626, 626a, 626c. 626d, 626f, 626g, 626j, 626k, 626m, 626n, 626p, 626q, 628, 628a, 628b, 628f, 628g, 630, 630a. 630b, 631d, 632, 6321^, 632 (4), 634. 634%, 635%, 636, 636%, 636b. Garbage, deposit of in navigable waters, p. 203, § 374a. INDEX. 2489 MISDEMEANOE (Continued). Garbage, violation of law regulating deposit of in Pacific Ocean, p. 203, § 374a. Gas, natural, waste of, p. 1199, Act 1345. Grand juror, prejudiced, failure to retire, p. 235, § 907. Grand jury, foreman failing to make statement to jury and request prejudiced juror to retire, p. 235, § 907. Hatch-tender, failure to employ in loading and unloading ships, p. 202, § 368a. Health, public, violation of law for preservation of, p. 1718, Act 2830, § 21. Highways, glass, tacks, etc., throwing upon, p. 209, § 588a. Hog cholera, sale or misuse of serums to prevent, p. 851, Act 195, § 5. Horses, mules or asses, affected with glanders, importation of, p. 852, Act 196. Horses, mules or asses, importation of without certificate, p. 852, Act 196. Humane officer, acting as without authority, p. 140, § 607f. Humane officer, issuing false certificate as to, p. 140, § 607f. Humane officer, resisting, p. 140, § 607f. Infants under eighteen, permitting them to work between certain hours at night, p. 1280, Act 1623. Infants, violation of law regulating employment of, p. 1273, Act 1611. Insecticides or fungicides, violation of law regulating sale, etc., p. 827, Act 48. Interest, illegal, charging by personal property brokers, p. 1655, Act 2637. Intoxicating liquors, sale of between 2 and 5 o'clock A. M., p. 205, § 397c. Intoxicating liquors, selling or giving away near certain public institutions, p. 193, § 172. Intoxicating liquors, violation of local option law, p. 1301, Act 1696. Investment company, noncompliance with statute by, p. 323, § 635j. Labor employed in producing goods, misrepresentation of, p. 201, § 349a. Landlord giving wrong list to election commissioners, p. 344, § 1094. Landlord or lodging-house keeper, refusal to furnish list or furnishing false list of lodgers on petition of election officers, p. 344, § 1094. Landlord refusing or neglecting to comply with election law, p. 344, § 1094. Loans by title insurance companies in violation of statute, p. 127, | 453z. Local option law, violation of, p. 1301, Act 1696. Lottery, giving of lot with a ticket, p. 208, § 532a. Master, issuance of evidence of indebtedness by, p. 1413, Act 2142. Master, violation of law as to time for payment of wages, p. 1413, Act 2143. Military duty, failure of head of educational institution to report pupils subject to, p. 456, § 1898. ■Misbranding insecticides or fungicides, p. 827, Act 48. Motorcycle, driving while intoxicated, p. 203, § 367d. Motorcycle, failure of driver to assist in case of collision, p. 201, § 367c. Motorcycle, intoxicated driver injuring person, p. 202, § 367e. Napa river, fishing by nets, seines or weirs in, p. 1199, Act 1340j. Officer failing to obey rules of board of accounting, p. 334, § 690. Officers obstructing officers of department of accounting, p. 334, § 690. Opium pipes, possession of, p. 894, Act 1666, § 8n. Physician, failure of to report occupational diseases, p. 1706, Act 2827. Pool-selling, p. 200, § 337a. Pool-selling, liability of owner of premises where carried on, p. 200, § 337a. Prisoners, exposure of or attempt to e.vlort from, p. 230, § C50a. Prosecution of what need not be by indictment or informulion, p. 232. § 082. Prisoners, paroled, exposure of or attempt to extort from, p. 230, § 650a. Public utility, offenses by officers or agents of, p. 1787, Act 2886, § 77. 2490 INDEX. MISDEMEANOR (Continued). Kailroad, violation of full crew act by, p. 1817, Act 2935. Railroad, violation of law regulating hours of labor of employees, p. 1819, Act 2936. Serums or vaccines, for hog cholera, misuse of, p. 851, Act 195. Slot machines, having in one's possession or under one's control, p. 199, § 330a. Stallions or jacks, violating law regulating public service of, p. 1956, Act 3750. State school text-books, refusal to use, p. 389, § 1519, subd. 9. Supervisors, failure to publish proceedings, p. 584, § 4049. Tenement house law, violations of provisions of, p. 2195, Act 4098. Tobacco, etc., selling to minor under eighteen, p. 198, § 308. Tobacco, failure to post act forbidding sale of to minors under eighteen, p. 198, § 308. Vagrancy, p. 230, § 647. Wages of employees, failure to pay on time, p. 1413, Act 2143. Weights and measures, violation of provisions of act relating to, p. 2344, Act 4384a. MISREPRESENTATIONS. See False Representations. Labor employed in producing goods, misrepresentations as to a misdemeanor, p. 201, § 349a. MODESTO. Charter of, p. 1495, Act 2255. MODESTO IRRIGATION DISTRICT. Organization of validated, p. 1318, Act 1714. MODOC COUNTY. Assessor, deputy, appointment and salary, p. 802, § 4278, subd. 7. Assessor, salary of, p. 802, | 4278, subd. 7. Auditor, salary of, p. 802, § 4278, subd. 4. Classification of, p. 569, § 4006. Constables, fees of, p. 804, § 4278, subd. 14. Coroner, fees of, p. 802, § 4278, subd. 9. County clerk, copyist, appointment and salary, p. 802, § 4278, subd. 1. County clerk, salary and allowance of, p. 802, § 4278, subd. 1. District attorney, salary of, p. 802, § 4278, subd. 8. Fish and game warden, salary and e.xpenses and how paid, p. 594, § 4149d. Juror, grand, fees and mileage, p. 804, § 4278, subd. 17. Juror, trial, fees and mileage, p. 804, § 4278, subd. 17. Justices, codes, stationery, blanks and forms to be furnished to, p. 803, § 4279, subd. 13. Justices, salaries of, p. 803, § 4279, subd. 13. Official reporter, allowances, fees and expenses, p. 804, § 4278, subd. 16. Population of, p. 566, § 4005c. Public administrator, fees of, p. 802, § 4278, subd. 10. Recorder, copyist, appointment and salary, p. 802, § 4278, subd. 3. Recorder, salary of, p. 802, § 4278, subd. 3. Registrar of voters, salary fees, allowances, deputies and assistants, pp. 600, 601, § 4149e. Sheriff, salary of, p. 802, § 4278, subd. 2. Superintendent of schools, salary and expenses of, p. 802, § 4278, subd. 11. INDEX. 2491 MODOC COUNTY (Continued). Supervisors, compensation of, p. 804, § 4278. subd. 15. Surveyor, fees of, p. 802, § 4278, subd. 12. Tax collector, assistant, appointment and compensation of, p. 803, § 4278, subd. 6. Tax collector, salary of and percentage on licenses collected, p. 803, § 4278, subd. 6. Treasurer, salary of, p. 802, § 4278, subd. 5. MOKELUMNB KIVER. Fine for violation of statute regulating fishing in, disposition of, p. 229, § 636b. Fishing by weir, dam, net, trap or seine in, punishment of, p. 229, § 636b, Fishing in. See Game Laws. MONO COUNTY. Assessor, salary of, p. 813, § 4286, subd. 7, Auditor, salary of, p. 813, § 4286, subd. 4. Classification of, p. 570, § 4006. Constables, fees of, p. 814, § 4286, subd. 14. Coroner, fees of, p. 814, § 4286, subd. 9. County clerk, salary of, p. 813, § 4286, subd. 1. District attorney, salary of, p. 813, § 4286, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage of, p. 814, § 4286, subd. 17. Jurors, trial, fees and mileage of, p. 814, § 4286, subd. 17. Justices, fees of, p. 814, § 4286, subd. 13. Official reporter, allowances and fees of, p. 814, § 4286, subd. 16. Population of, p. 566, § 4005c. Public administrator, fees of, p. 814, § 4286, subd. 10. Recorder, copyist, appointment and salary of, p. 813, § 4286, subd. 3. Recorder, salary of, p. 813, § 4286, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, p. 601, § 4149e. Sheriflf, salary of, p. 813, § 4286, subd. 2. Superintendent of schools, salary of, p. 814, § 4286, subd. 11. Supervisors, compensation and mileage of, p. 814, § 4286. subd. 15. Supervisors, compensation as road overseer, p. 814, § 428G, subd. 15. Surveyor, fees of, p. 814, § 4286, subd. 12. Tax collector, salary of, p. 813, § 4286, subd. 6. Treasurer, salary of, p. 813, § 4286, subd. 5. MONTEREY BAY. Breakwater in, appropriation for, p. 1495, Act 2317. Breakwater in, provision for, p. 1495, Act 2317. Fishing in by weirs, dams, nets, traps or seines, prevention of, p. 1194, Act 1340g. Paranzella nets, use of in for fishing forbidden, p. 229, § 636 i/i. Paranzella nets, use of in fishing in, punishment of, p. 229, § 636%. Preserve for shell-fish and invertebrate animals in, p. 1191, Act 1340d. MONTEREY CITY. Charter of, p. 1495, Act 2301. 2492 INDEX. MONTEREY COUNTY. Assessor, deputy, appointment and salary of, p. 723, § 4252, subd. 7. Assessor, salary and fees of, p. 723, § 4252, subd. 7. Auditor, appointment and salary, p. 723, § 4252, subd. 4. Auditor, salary of, p. 723, § 4252, subd. 4. Classification of, p. 568, § 4006. Constables, population of townships, how ascertained for purpose of fixing sal- aries, p. 725, § 4252, subd. 16. Constables, salaries, expenses, mileage and fees of, p. 725, § 4252, subd. 14. Coroner, fees of, p. 724, § 4252, subd. 9. County clerk, extra compensation as registrar, p. 722, § 4252, subd. 1. County clerk, deputy, appointment and salary, p. 722, § 4252, subd. 1. County clerk, salary of, p. 722, § 4252, subd. 1. District attorney, deputies, appointment and salaries, p. 724, § 4252, subd. 8. District attorney, salary of, p. 724, § 4252, subd. 8. Fish and game warden, salary and expenses of and how paid, p. 594, § 4149d. Justices, fines to be paid to treasurer, monthly, p. 724, § 4252, subd. 13. Justices, salaries and fees of, p. 724, § 4252, subd. 13. Justices, population of counties, how ascertained for purpose of fixing salaries, p. 725, § 4252, subd. 16. Population of, p. 565, § 4005c. Public administrator, fees of, p. 724, § 4252, subd. 10. Kecorder, salary of, p. 723, § 4252, subd. 3. Recorder, deputy, appointment and salary of, p. 723, § 4252, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 597, 601, § 4149e. Sheriff, deputies, appointment and salaries of, p. 723, § 4252, subd. 2. Sheriff, fees, commissions, mileage and salary of, p. 723, § 4252, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 724, § 4252, subd. 11. Superintendent of schools, salary and expenses of, p. 724, § 4252, subd. 11. Supervisors, compensation of, p. 725, § 4252, subd. 15. Supervisors, mileage for services as road commissioner, p. 725. § 4252, subd. 15. Surveyor, salary, e.xpenses, and allowance of, p. 724. § 4252, subd. 12. Tax collector, deputy, appointment and salary, p. 723, § 4252, subd. 6. Tax collector, salary, p. 723, § 4252, subd. 6, Treasurer, salary of, p. 723, § 4252, subd. 5. MORPHINE. See Drugs. MORTGAGE INSURANCE. Provisions as to, p. 308, § 594, subd. 15; p. 309, § 594, subd. 16. MORTGAGE INSURANCE CORPORATIONS. Capital stock required before issuing policy, p. 129, § 453cc. Certificate of insurance commissioner required before doing business, p. 130, § 453fl. Certificate of insurance commissioner, what to state, p. 130, § 453ff. Certificate of insurance commissioner, where company doing business before passage of statute, p. 130, § 453ff. Certificate representing an entire interest designated as a "mortgage guaranty" or an "entire mortgage guaranty," p. 128, § 453bb. INDEX. 2493 MORTGAGE INSURANCE CORPORATIONS (Continued). Certificate representing a partial or undivided interest designated as a "mort- gage participation interest," p. 128, § 453bb. First lien securities only to be guaranteed by, p. 129, § 453dd. Insurance commissioner, may examine into affairs of, p. 128, § 453aa. Insurance commissioner, power and authority over, p. 128, § 453aa. Investment, funds of. how may be invested, p. 130, § 453gg. Investment in guaranties and certificates, premium may be paid out of income, p. 129, § 453ee. Investment of trust or other funds in guaranties or certificates, conditions accompanying, p. 129, § 4.53ee. Investment in guaranties or certificates, copy of appraisement and certificate of directors to accompany, p. 129, § 453ee. Investment in mortgage participation certificates, deposit of mortgages or deeds with trust company and duty of trust company, p. 129, § 453ee. Investments, mortgages or deeds of trust guaranteed by are legal investments of trust and other funds, p. 129, § 453ee. Investments, trust and other funds may be invested in guaranties and certifi- cates of, p. 129, § 453ee. Limit' on amount of policies issued by, p. 129, § 453dd. Loans not to be made to officers or directors, p. 129, § 453dd. Policies issued by, liability of directors on, p. 129, § 453dd. Policies issued by not deemed to be debts created by directors in violation of code, p. 129, § 453dd. Policy of mortgage insurance defined, p. 128, § 453bb. Report to insurance commissioner, appraisement accompanying, p. 131, § 453hh. Report to insurance commissioner, failure to file, penalty, p. 131, § 453hh. Report to insurance commissioner to be made quarterly, p. 131. § 453hh. Report to insurance commissioner, verification of, p. 131, § 453hh. Report to insurance commissioner what to show, p. 131, § 4.53hh. Sixty per cent of market value of real estate limit of amount of guaranty by, p. 129, § 453dd. Violation of code does not avoid policies or guaranties, p. 129, § 453dd. Violation of code, officers, agent or employees guilty of misdemeanor, p. 129, § 4.53dd. What agreements regarded as policies of mortgage insurance, p. 128, § 453bb. MORTGAGES. Mortgage insurance. See Mortgage Insurance. Mortgage insurance corporations. See Mortgage Insurance Corporations. Property of decedent. See Estates of Decedents. Property of infant. See Guardian and Ward. Property of insane person. See Insane Persons. Satisfaction of by foreign executor, administrator or guardian, manner of, p. 181, § 2939%. Satisfaction of, foreign executor, administrator or guardian may satisfy, p. 181, §2939Vz. Violation of rode provisions by officer, employee or agent of mortgage insurance corporation, p. 129, § 453dd. MOTORCYCLES. Collision, duty of driver in case of, p. 201, S 367c. Collision, failure of driver to assist in case of, punishment, p. 202, § 367c. 2494 INDEX. MOTORCYCLES (Continued). Driving while intoxicated, punishment of, p. 202, § 367d. Intoxicated driver injuring person, punishment of, p. 202, § 367e. MOTOR VEHICLES. See Automobiles; Motorcycles. Regulation of use and operation of, p. 1496, Act 2331a. MULES. See Animals. MUNICIPAL CORPORATIONS. Acceptance of gifts and levy of taxes for monuments to California pioneers, p. 1201, Act 1356a. Acquiring site and donating to state for erection of public building, p. 1705, Act 2822c. Action by to condemn land for sewerage, supervisors may be plainfiflf, p. 66, § 1244. Advertisements, putting on property of city without consent, prevention of, p. 834, Act 52. Advertising purposes, tax for by cities, p. 1563, Act 2389a. Alleys, cities authorized to grant permits for passages under or structures over, p. 1579, Act 2389f. Annexation act of 1913, p. 1537, Act 2374a. Annexation of new territory to, proceedings, p. 1533, Act 2374. Annexation of territory to, validation of proceedings for, p. 1529, Act 2358b. Annexed territory, districting, government and municipal control of, p. 1533, Act 2374. Annexed territory, incorporation in as part of city, p. 1533, Act 2374. Appropriation of water by. See Waters. Authorized to construct, maintain and operate pipes, lines, etc., along or across highways, railroads, etc., p. 1564, Act 2389b. Autborized to grant franchises to lay steam-heating pipes in streets, p. 1565, Act 2389c. Authorized to levy tax for park, music and advertising purposes, p. 1563, Act 2389a. Authorized to make allowance to society for prevention of cruelty to children and animals, p. 139, § 607e. Authorized to permit other cities to construct sewers, water-mains and other conduits in, p. 1560, Act 2389. Bonded indebtedness existing on separation of state and county taxes, appro- priation to pay, p. 2186, Act 4067a. Bonds. See Bonds. Boundaries of and annexation of territory, act of 1913 relating to, p. 1537, Act 2374a. Boundaries of, alteration of and annexation of territory, amendments of act of 1889 relating to, p. 1533, Act 2374. Boundaries of, alteration of and exclusion of uninhabited territory, p. 1545, Act 2379a. Cities authorized to grant permits for passages under^ or structures over alleys, p. 1579, Act 2389f. Classification of according to population, p. 1517, Act 2347. Classification of, census, how far governs, p. 1517, Act 2347. Compilation and publications of reports of financial transactions of, p. 1054. Act 804. INDEX. 2495 MUNICIPAL CORPORATIONS (Continued). Consolidation of, act of 1913 relating to, p. 1549, Act 2383a. Consolidation of, amendment of act of 1909 relating to, p. 1548, Act 2383. Consolidation of offices of city organized under charter, p. 2148, Act 4043. County officers performing municipal duties, apportionment of compensation and expenses, p. 815, § 4290. Elections in cities, how conducted, p. 939, § 1044. See Elections. Exempt from provision of act relating to waters, p. 2266, Act 4340. Fifth class, declaring weeds on streets a nuisance and abatement of, p. 1578, Act 2347a. Fifth class under municipal corporation bill, election for adoption of commission form of government, p. 1520, Act 2348, § 752a. Fifth class under municipal corporation bill, election on question of appoint- ment of city officers, p. 1521, Act 2348, § 752b. P"'ires, provision for protection against does not apply to fires set in cities, p. 204, § 384. Funds. See Funds. Harbor lines, authorized to establish, p. 1567, Act 2389f. Harbor lines, validation of, p. 1567, Act 2389f. Harbors, improvement of, levy of taxes and issuance of bonds, p. 1566, Act 2389e. Incurring of indebtedness for improvements and regulating acquisition, con- struction and completion, amendments of act of 1901, p. 1530, Act 2371. Initiative and referendum, p. 1280, Act 1624. Initiative, provision for repealed, p. 1520, Act 2348, § 11. Lighting districts. See Lighting Districts. Lights in streets, repeal of act of 1905 relating to, p. 1516, Act 2333. Lights on public highways, amendment of act of 1909 authorizing unincorpo- rated cities to establish, p. 1235, Act 1466. \ Limit on length of lease of city property, p. 149, § 718. Municipal annexation act of 1913, p. 1549, Act 2383a. Municipal corporation bill, amendments of 1911 and 1913, relating to cities of sixth class, pp. 1520-1526, Act 2348. Municipal corporation bill, recall, initiative and referendum in, p. 1520, Act 2348, §§ 10-12. Music, tax for by cities, p. J 563, Act 2389a. Notice to board of control and treasurer of bonds for sale, p. 330, § 678. Orphan children. See Orphans; Orphan Asylums. Parks. See Parks. Parks, tax for, cities authorized to levy, p. 1563, Act 2389a. Partition, proceedings in where site of city or town included within exterior boundaries of property, p. 34, § 763. Permitting two or more street railways to use same tracks, p. 134, § 499. Playgrounds. See Playgrounds. Public buildings, cities and counties authorized to join in constructing, p. 1698, Acts, 2821, 2822. Public utilities, acquisition, construction and maintenance of by cities, p. 1570, Act 2389g. Public utilities, condemning plants of, right of, p. 1759, Act 2886, § 47. Public utilities, condemning plants of, procedure, p. 1759, Act 2886, § 47. Public utilities, acquisition, construction and operation of, p. 1565, Act 2380d. Public utilities, effect of public utility act on control of cities over, p. 1788, Act 2886, { 82. 2496 INDEX. MXJNICIPAL CORPORATIONS (Continued). Public utilities, election on reinvesting control of in cities after surrender to public utilities commission, p. 1790, Act 2886a. Public utilities, election on surrender of control of to public utility commission, p. 1790, Act 2886a. Public utilities, may retain control of, p. 1790, Act 2886a. Public utilities, surrender of control over to public utility commission, p. 1788, Act 2886, § 82. Recall of officers in, p. 1619, Act 2555. Recall, provision for repealed, p. 1520, Act 2348, § 10. Referendum, provision for repealed, p. 1520, Act 2348, § 12. Sealer of weights and measures, appointment of, p. 2344, Act 4384. Sewer districts in, authorized, p. 1944, Act 3598. - Sewer districts in bonds for, p. 1938, Act 3594; p. 1944, Act 3598. Sewer districts in, construction, acquisition and maintenance of sewers in, p. 1938, Act 3594. Sewer districts, division of cities into authorized, p. 1938, Act 3594. Sewers constructed in by other cities, proceedings relating to, p. 1560, Act 2389. Sixth class, declaring weeds on streets a nuisance and abatement of, p. 1578, Act 2347a. Sixth class, incumbent officers hold over in case no election held, p. 1527, Act 2353a. Sixth class, proceedings where no officers elected and none to call an election, p. 1527, Act 2350. Street railroads operated by. See Street Railroads. Streets in, use of as part of highway system, p. 1560, Act 2386. Taxes for harbor improvements authorized, p. 1566, Act 2389e. Taxes for park, music and other advertising purposes, p. 1563, Act 2389a. Taxes in. See Taxation. Taxes, levy and collection of in cities other than first class, p. 2148, Act 4043. Tide lands, authorized to grant to United States, p. 1579, Act 2389h. Tide lands, grants of by cities to United States validated, p. 1579, Act 2389h. "Town" in corporate name may be changed to city, p. 1516, Act 2331a. "Town" in corporate name, procedure on changing to city, p. 1516, Act 2331a. Validation of organization and incorporation of, p. 1528, Acts 2355b, 2355c. Validation of proceedings for annexation of territory to, p. 1529, Act 2358b. Water districts, municipal, incorporation, organization and management of, p. 1580, Act 2390. Water owned by, excess of, authorized to sell, p. 1530, Act 2363a. Water owned by, excess of, provision for sale of repealed, pp. 1529, 1530, Acts 2363, 2363a. Waters of, access to by streets or highways, provision for, p. 1567, Act 2389f. Waters of, exclusion or obstruction of, prevention of, p. 1567, Act 2389f. Waters of, filling in tidal lands between main land and tidal harbor lines, p. 1567, Act 2389f. Waters of, provision for unobstructed navigation of, p. 1567, Act 2389f. Wiping rags, regulation of use of, p. 1720, Act 2840b. MUNICIPAL WATER DISTRICTS. Exempt from provisions of act relating to waters, p. 2266, Act 4340. Incorporation, organization and management of, p. 1580, Act 2390. Public utility, condemning plant of, procedure, p. 1759, Act 2886, § 47. Public utility, condemning plant of, right of, p. 1759, Act 2886, § 47. INDEX. 2497 MUSIC. Tax for by cities, p. 1563, Act 2389a. MUSTEE-EOLL. See Adjutant General. MTITUAIi BENEFIT ASSOCIATIONS. Articles of incorporation, signing and acknowledging, p. 123, § 452a. Articles of incorporation, what to state, p. 123, § 452a. Asse.s.snients on death, limit on. See Mutual Benefit Associations. Death benefits, limit on, p. 123, § 452a. How formed, p. 123, § 452a. Who may form, p. 123, § 452a. MUTUAL BENEFIT SOCIETIES. See Benefit Societies. MUTUAL FIKE INSURANCE COMPANIES. Act of 1907 relating to, repealed, p. 1286, Acts 1672, 1672b. Definition of, p. 1286, Act 1672b. Organiz,ation and management of, p. 1286, Act 1672b. Regulation of the transaction of business of, p. 1286, Act 1672b. MUTUAL WORKMEN'S COMPENSATION INSURANCE COMPANIES. Organization and management of, p. 1296, Act 1672h. N NAMES. Bank, similarity between and name of existing bank, withholding certificate, p. 916, Act 297, § 127. Fictitious, certificate, contents of, p. 178, § 2466. Fictitious, certificate, failure to file, penalty, p. 178, § 2468. Fictitious, certificate, filing with county clerk, p. 178, §§2466, 2468. Fictitious, certificate, publication of, p. 178, § 2466. Fictitious, certificate, signature to and acknowledgment of, p. 178, § 2468. Fictitious, county clerk to keep register of, p. 179, § 2470. Highway, name for, procedure to obtain, p. 500, § 2636. Partnership. See Partnership. Registration of farm, ranch or villa names, p. 1597, Act 23908. NAPA COUNTY. Assessor, commissions and fees to be paid into treasury, p. 736, § 4255, subd. 7. Assessor, deputies, number, appointment and salaries, p. 736, § 4255, subd. 7. Assessor, salary of, p. 736, § 4255, subd. 7. Auditor, deputy, appointment and salary, p. 735, § 4255, subd. 5. Auditor, salary of, p. 735, § 4255, subd. 4. Classification of, p. 568, § 4006. Constables, classification of townships for purpose of fixing salaries, p. 738, § 4255, subd. 13. Constables, fees of, p. 738, § 4255, subd. 15. Constables, salaries and expenses of, p. 738, § 4255, subd. 15. Coroner, fees of, p. 737, § 4255, subd. 9. 157 2498 INDEX. NAPA COUNTY (Continued). County clerk, deputies, number, appointment and salaries, p. 733, § 4255, subd. 1. County clerk, fees, salary and allowances, p. 733, § 4255, subd. 1. District' attorney, deputy, appointment and salary, p. 736, § 4255, subd. 8. District attorney, salary of, p. 736, § 4255, subd. 8. District attorney, stenographer, appointment and salary, p. 736, | 4255, subd. 8. Fish and game warden, salary and expenses of and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage of, p. 739, § 4255, subd. 17. Jurors, trial, fees and mileage, p. 739, § 4255, subd. 17. Justices, classification of townships for purpose of fixing salaries, p. 738, § 4255, subd. 13. Justices, salaries, fees, expenses and office rent, p. 738, § 4255, subd. 14. Population of, p. 566, § 4005c. Public administrator, fees of, p. 737, § 4255, subd. 10. Recorder, deputies and copyists, number, appointment and salaries, p. 734, § 4255, subd. 3. Recorder, fees and commissions to be paid into treasury, p. 734, § 4255, subd. 3. Recorder, report as to amounts paid copyists, p. 734, § 4255, subd! 3. Recorder, salary of, p. 734, § 4255, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 598, 601, § 4149e. Sheriff, expenses in arresting criminals and in conveying prisoners and insane persons, allowance of, p. 734, § 4255, subd. 2. Sheriff, salary, fees and mileage, p. 734, § 4255, subd. 2. Sheriff, under-sheriff, appointment and salary, p. 734, § 4255, subd. 2. Superintendent of school, deputy, appointment and salary, p. 737, § 4255, subd. 11. Superintendent of schools, salary and expenses of, p. 737, § 4255, subd. 11. Supervisors, salaries of, p. 739, § 4255, subd. 16. Surveyor, fees, what to be paid into treasury, p. 737, § 4255, subd. 12. Surveyor, salary and expenses of, p. 737. § 4255, subd. 12. Tax collector, deputy, appointment and salary, p. 736, § 4255, subd. 6. Tax collector, fees and commissions to be paid into treasury, p. 736, § 4255, subd. 6. Tax collector, salary, p. 736, | 4255, subd. 6. Treasurer, deputy, appointment and salary, p. 735, § 4255. subd. 5. Treasurer, fees and commissions paid into treasury, p. 735, § 4255, subd. 5. Treasurer, salary of, p. 735, § 4255, subd. 5. NAPA RIVER. Use of nets, seines, traps or weirs in Napa river or its tributaries, prohibited, p. 1199, Act 1340J. NARCOTICS. See Drugs. NATIONAL BANKS. See Banks and Banking. NATIONAL GUARD. Adjutant general. See Adjutant General. Aids-de-camp, detail of, p. 457, § 1908. Aids-de-camp, no allowance to for uniforms, p. 473, § 2078. Aids-de-camp, rank and grade of, p. 457, § 1908. INDEX. 2499 NATIONAL GUARD (Continued). Aidsde-camp, relief of from regular duty, p. 457, § 1908. Allowances, claims against, auditing, etc., exempt from provisions of code, p. 474, § 2085. Allowances, demands against, auditing, etc., procedure, p. 473, § 2079. Allowances for bands, p. 473, § 2079. Allowances to companies, troops, batteries, and divisions, p. 474, § 2080. Allowances to officers for rent, clerks, postage, music, target practice, etc., p. 473, § 2079. Allowances to officers for uniforms and equipment, p. 473, § 2073. Armory and arsenal site for in Sacramento, p. 1598, Act 2433a. Armory building and wharf on bay of San Diego, purchase of by state, p. 1599, Act 2433b, p. 1902, Act 3158b. Armory at San Francisco, appropriation for partial completion and furnishing, p. 1598, Act 2431b. Batteries, allowances to, p. 474, § 2080. Brigades, provision as to repealed, p. 465, § 1935. Brigadier general. See Adjutant General. Cavalry, number of troops in, p. 464, § 1933. Cavalry, of what consists, p. 464, § 1933. Cavalry, organization conforms to that of United States army, p. 464, § 1933. Cavalry, troops, organization of into squadron, p. 464, § 1933. Cavalry, veterinarian, appointment and compensation, p. 465, § 1933. Chaplains, appointment and term of office, p. 466, § 1957. Chaplains, qualifications of, p. 466, § 1953. Coast artillery, p. 464, § 1932. Coast artillery, allowance to chief of, p. 473, § 2079. Coast artillery, chief, relation, powers and duties of, p. 464, § 1932. Coast artillery, of what consists, p. 464, § 1932. Coast artillery, organized as a corps, p. 464, § 1932. Commander-in-chief, detail of aidsde-camp, p. 457, § 1908. Commander-in-chief may make rules and regulations governing department, p. 458, § 1^26. Commander-in-chief, organization, change of, power and duties as to, p. 457, § 1925. Commander-in-chief, staff of, p. 457, §1908; p. 466, § 1956. Commissions, issuance of, p. 467, § 1958. Commissions, lost or destroyed, provision as to repealed, p. 469, § 1966. Companies, allowances to, p. 474, § 2080. Companies, number of, p. 457, § 1925. Consists of what, p. 457, § 1925. Departments of, enumerated, p. 457, § 1925. Discharge because of disbandment, enlistment in esse of, p. 469, § 1980. Discharge, dishonorable, when issued, p. 470, § 1985. Discharge, honorable, before expiration of term of enlistment, p. 470, § 1985. Discharge, honorable, on expiration of term of enlistment, p. 470, § 1985. Discharge, what officers may issue, p. 470, § 1985. Discharge, without honor, when i.ssued, p. 470, § 1985. Divisions, provision as to repealed, p. 465, § 1935. Engineers' corps, conforming to organization of United Stales army, p. 463, § 1930. Engineers' corps, officers, qualifications of, p. 466, § 1953. 2500 INDEX. NATIONAL GUARD (Continued). Engineers' corps, of what consists, p. 463, § 1930. Enlistments, p. 469, § 1980. Enlistment, re-enlistment, p. 469, § 1980. Enlistments, who may enlist, p. 469, § 1980. Field artillery, organization conforms to that of United States army, p. 464, § 1932 y2. Field artillery, veterinarian, appointment and pay of, p. 464, § 1932%. Field battery, of what' consists, p. 464, § 1932%. Independent and unattached companies, repeal of act relating to, p. 1597, Act 2425. Infantry, call from President for troops, organization into division on, p. 465, § 1934. Infantry, company, minimum strength in time of peace, p. 465, § 1934. Infantry, division, command of, p. 465, § 1934. Infantry, officers, qualifications of, p. 465, § 1934. Infantry, of what consists, p. 465, § 1934. Infantry, organization conforms to that of United States army, p. 465, § 1934. Inspection, annual, of, p. 471, § 2008. Inspection, » tnual, to be made, p. 471, § 2008. Inspection, annual, inspection by United States government in place of, p. 471, § 2008. Inspector general, oflicers, rank and duty, p. 462, § 1928a. Inspector general's department, conforming to orders and regulations of United States army, p. 462, § 1928a. Inspector general's department, officers composing, p. 462, § 1928a. Judge-advocate's department, conforming to regulations of United States army, p. 462, § 1928b. Judge-advocate's department, officers composing, p. 462, § 1928b. Judge-advocate's department, officers of, rank and duty, p. 462, § 1928b. Machine-gun companies, p. 465, § 1934%. Machine-gun companies, conform to organization in United States army, p. 465, § 19341/2. * Machine-gun companies, organization of, p. 465, §1934%. Machine-gun companies, of what consists, p. 465, § 1934%. Medical corps, medical officers, qualifications of, p. 466, § 1953. Medical department, officers, rank and duty, p. 463, § 1929. Medical department, of what consists, p. 463, § 1929. Military-roll. See Military Roll. Militia classified into organized and reserved, p. 456, § 1906. Militia, organized, what constitutes, p. 456, § 1906. Militia, reserved, what constitutes, p. 456, § 1906. Music, allowance for, p. 473. § 2079. Musicians, enlistment of, p. 469, § 1980. Muster-roll. See Muster-roll. Naval militia, annual inspection of, p. 471, § 2008. Xaval militia, band, p. 477, § 2112. Naval militia, chaplains, p. 476, § 2112, subd. 2. Naval militia, court-martials, p. 477, § 2154. Naval militia, location of, p. 475, § 2111. Naval militia, meaning of "division" and "company," p. 475, § 2111. Naval militia, medical department, p. 476, § 2112, subd. 2. INDEX. 2501 NATIONAL GUARD (Continued). Naval militia, numeiieal strength, rank, titles, etc., conform to regulations of United States navy, p. 475, § 2112. Naval militia, otficers of and rank of, p. 47.^, § 2112. Naval militia, of what consists, p. 475, § 2111. Naval militia, organization of divisions into battalions, p. 475, § 2111. Naval militia, organization to conform to rules of United States navy, p. 475, § 2112. Naval militia, pay department, p. 476, § 2112, subd. 2. Naval militia, power of commander-in-chief over, p. 477, § 2154. Naval militia, retirement of otficers, p. 476, § 2112, subd. 2. Naval militia, vessels loaned by United States officers, command of, pp. 475, 477, § 2112. Number of divisions, companies, troops, batteries, etc., in time ol peace, p. 458, § 1925. Oaths, vi'ho may administer, p. 474, § 2106. Oaths, no fee to be charged for, p. 474, § 2106. Otienses need not be prosecuted by indictment or information, p 232, § 682. Officers, allowances for uniforms and equipments, p. 473, § 2078. Officers, election of, proceedings where there is no choice, p. 467, § 1958. Officers, election of, time and manner of holding, p. 467, § 1958. Officers, elective, terms of office, p. 466, § 1956. Officer, failure to appear before examining board, effect of, p. 467, § 1958. Officers in service at passage of act, commissions to, p. 466, § 1956. Officers, line, appointment, confirmation by senate and term of office, p. 466, § 1957. Officers of, what elected, p. 466, § 1956. Officers, persons in service in other jurisdictions and not honorably discharged, not to be appointed, p. 466, § 1953. Officers, qualifications of, p. 466, § 1953. Officers, term of office commences, when, p. 466, § 1956. Officers, what exempt from examination, p. 466, § 1956. Offices, vacancies may be filled without election, when, p. 467, § 1958. Ordnance department, of what consists, p. 463, § 1928c. Organization, change of, power and duty of commander-in-chief, p. 457, § 1925. Organization, conforming to United States laws and regulations, p. 457, § 1925. Pay, apportionment of money, where legislature makes no appropriation, p. 472, § 2076. Pay of officers and men, p. 472, § 2076. Quartermaster's corps, conforming to orders and regulations of United States army, p. 463, § 1928d. Quartermaster's corps, duties of officers, men and employees, p. 463, § 1928d. Quartermaster's corps, enlistments and appointments prescribed by commander- in-chief, p. 463, § ia28d. Quartermaster's corps, of what consists, p. 463, § 1928d. Quartermaster's corps, titles, grades and numbers of officers and enlisted men, p. 463, § 1928d. Re-enlistment, p. 469, 5 1980. Retirement, detail for duty, compensation in case of, p. 468, § 1963, subd. 4. Retirement, detail of retired officers for duly, p. 468, { 1963, subd. 4. Retirement, grounds for, p. 468, § 1963. Retirement, proceedings, p. 468, § 1963. 2502 INDEX. NATIONAL GtJAED (Continued). Retirement, rank of retired officers, p. 469, § 1963, suTid. 6. Retirement, return to active service, p. 469, § 1963, subd. .5. Retirement, roster of retired officers, p. 468. § 196.3, subd. 4. Retirement, second retirement after return to active duty, p. 469, § 1963, subd. 5. Rules and regulations, power of commander-in-chief to make, p. 458, § 1926. Service medals, p. 471, § 2011. Signal corps, of what consists, p. 464, § 1931. Signal, officers and enlisted men, number, grade and ranks, p. 464, § 1931. Staff departments, enumerated, p. 457, § 1925. Staff of commander-in-chief, p. 457, § 1908. Staff officers, appointment and term of office, p. 466, § 1957. Target practice, allowance for, p. 473, § 2079. Traveling expenses and allowances of officers and men, p. 472, § 2077. Traveling expenses of federal officer detailed for service in national guard, p. 472, § 2077. NAVAIi MILITIA. See National Guard. NAVIGABLE STREAMS. See Waters. NAVIGABLE WATERS. See Waters. NAVY. See Soldiers and Sailors. NEGLIGENCE. See Master and Servant. Action for by husband and wife, consequential damages to husTsand recoverable without separate statement, p. 19, § 427. Action fur causing death by wrongful act, p. 1060, Act 896. Officers, liability for injuries from defects in streets, public buildings, etc., p. 1611, Act 2554. Place of trial of action for, p. 16, § 395. Privileged communication between physician and patient, who may waive in action for death, p. 96, § 1881. NET CONTAINER ACT. Penalty fur violation of, p. 1601, Act 2453. Provision for indicating net quantity of foodstuffs prepared for food, p. 1601, Act 2453. NEVADA COUNTY. Assessor, salary of, p. 764, § 4263, subd. 7. Auditor, salary of, p. 764, § 4263, subd. 4. Classification of, p. 568, § 4006. Constables, classification of townships for purpose of regulating salaries, p. 765, § 4263, subd. 15. Constables, expenses of, p. 765, § 4263a. Constables, salaries and fees of, p. 765, § 4263, subd. 15. Coroner, fees of, p. 764, § 4263, subd. 9. County clerk, salary and allowances, p. 764, § 4263, subd. 1. District attorney, deputy, appointment and salary, p. 764, § 4263, subd. 8. District attorney, salary of, p. 764, § 4263, subd. 8. I INDEX. 2503 NEVADA COUNTY (Continued). Fish and game warden, salary and expenses of and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage, p. 765, § 4263a. Jurors, trial, fees and mileage, p. 765, § 4263a. Justices, classification of townships for purpose of regulating salaries, p. 765, § 4263, subd. 15. Justices, fines, payment into treasury and report of, p. 764, § 4263, subd. 14. Justices, salaries and fees, p. 764, § 4263, subd. 14. Official reporter, fees and expenses of, p. 766, § 4263, subd. 16. Population of, p. 566, § 4005c. Public administrator, salary of, p. 764, § 4263, subd. 10. Recorder, salary of, p. 764, § 4263, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 598, 601, I 4149e. Road commissioners, expenses of, p. 764, § 4263, subd. 13. Sheriflf, salary and fees of, p. 763, § 4263, subd. 2. Superintendent of schools, salary, per diem and expenses, p. 764, § 4263, subd. 11. Supervisors, salaries, mileage and expenses, p. 764, § 4263, subd. 13. Surveyor, fees of, p. 764, § 4263, subd. 12. Tax collector, salary of, p. 764, § 4263, subd. 6. Treasurer, salary of, p. 764, § 4263, subd. 5. NEWTOWN JETTIES. Owners of land authorized to sue state for injuries caused by, p. 1965, Act 3798a. NEW TRIAL. See Bills of Exceptions. In probate proceedings. See Estates of Decedents. Statement need not be served on parly defaulting or not appearing, p. 30, § 650. NICKEL IN THE SLOT MACHINES. Gambling by means of, prohibited, p. 199, § 330a. NOMINATION. Trustees, of, p. 176, § 2287. NOMINATIONS. See Elections. NORMAL SCHOOLS. See Schools. NOTARIES. Acknowledgments, may take, p. 153, § 1181. Number that may be appointed in various counties, p. 338, $ 791, What county officers may not act as, p. 820, § 4316. NOTICE. See Bill of Exceptions. Constable of township to serve, when, p. 603, § 4189. Homestead, notice of hearing on petition to sell, p. 157, § 1248. Injunction against diversion of water, notice of, p. 23, § 530. Injunction, notice of application for, p. 22, § 527; p. 23, § 530. Insurance company, to. See Insurance. Preliminary injunction, notice of, p. 22, § 527. 2504 INDEX. NOTICE (Continued). Public authorities to give notice to board of control and state treasurer of bonds for sale, p. 330, § 678. Records as. See Registration. State officers or boards, publication of notices by to be under direction of board of control, p. 1603, Act 2503. Temporary restraining order, notice of, p. 22, § 527. Trial in justice's court, notice of. See Justices' Courts. What notices need not be served on parly defaulting or not appearing, p. 30, § 650. NUISANCES. Advertisements or signs, placing on public or private property without con- sent, p. 834, Act 52. Houses of prostitution declared nuisances, p. 1687, Act 2798. NURSES. Contagious diseases, duty in case of, p. 510, § 2979a. Provisions for education, examination and registration of, pp. 1604, 1605, Acts 2508a, 2508b. OAKDALE IRRIGATION DISTRICT. Organization of validated, p. 1317, Act 1712. OAKLAND. Act enabling city of to settle its controversies, p. 1607, Act 2510a. Action against state to quiet title to certain realty in Oakland authorized, p. 1964, Act 3798. Charter of and amendments of, p. 1607, Act 2533. Incorporation of, former acts relating to, p. 1607, Act 2510. Police court in, establishment of, p. 1607, Act 2510b. Tide lands, grant of to, p. 1GU8, Act 2533; p. 1610, Act 2534. Tide lands granted to, management, use and control of, p. 1610, Act 2534. OATHS. See Offices and OlBcers. Appointees of department of accounting of board of control may administer, p. 333, § 686. Chief deputy of superintendent of banks, of, p. 913, Act 297, § 121. Members of board of control may administer, p. 324, § 654. Office, oath of, when to be taken, p. 338, § 907. Particular officers, of. See particular title. Superintendent of banks, of, p. 913, Act 297, § 120. What election officers may administer, p. 342, § 1077. OCEAN. See Pacific Ocean. OFFICES AND OFFICERS. Advertisements, publications or notices by officers to be under direction of board of control, p. 1603, Act 2503. Attorneys, officers of state not to employ special counsel except with consent of attorney general, p. 302, § 472. INDEX. 2505 OFFICES AND OFFICERS (Continued). Bond, particular officer, of. See particular title. Charter, officers, where county charter adopted, p. 571, § 4021. Civil service commission. See Civil Service Commission. Civil service, establishment of for state officers, p. 1025, Act 606. Communications to, when privileged, p. 96, § 1881. Consolidation of certain offices, p. 571, § 4017. Consolidation of offices under charters authorized, p. 2148, Act 4043: Consolidation, what county officers may be consolidated, p. 571, § 4017. County. See County Government. County, fees paid into salary fund for officers, p. 820, § 4305. County officers, deputies and assistants paid by principals out of their own salaries, p. 815, § 4290. County officers, fees, insufficiency of to pay salaries, tax by supervisors for de- ficiency, p. 820, § 4305. County officers performing municipal functions, apportionment of compensation and expenses, p. 816, § 4290. County officers, recall of, p. 572, § 4021a. County officers, salaries and fees are in full for all services, p. 815, § 4290. County officers, what mav not act as collectors or for collection agency, p. 820, § 4316. County officers, what may not act as notary, p. 820, § 4316. County officers, what may not practice law or have law partner, p. 820, § 4316. County, what officers are, p. 570, § 4013. Deputies of county officers, what paid out of salaries of officers, p. 815, § 4290. Deputies, particular officers, of. See particular title. Election of officers, time of, p. 571, § 4021. Failure of officers to file reports with, permit examination by or obey directions of department of accounting, punishment, p. 334, § 690. Fees collected set apart as salary fund, p. 820, § 4305. Fees not to be charged officers by secretary of state, p. 292. § 409. Grand jury, powers and duties as to public officers, p. 237, § 9-8. Liability of for injuries from defects in streets, public buildings, works, etc., p. 1611, Act 2554. Governor appoints what officers, p. 291, § 368. See Governor. Mandamus against. See Mandamus. Notary, what officers not to act as, p. 820, § 4316. Oath of office, when to be taken, p. 338, § 907. Oath, particular officer, of. See particular title. Offices not consolidated to be filled by election or appointment, p. 571, § 4020. Officers hold until successors are elected or appointed and qualify, p. 571, § 4021. Particular officer. See particular title. Qualifications necessary to hold office, p. 575, § 4023. Recall of officers. See Recall. Recall of officers in cities, p. 1619, Act 2555. See p. 1520, Act 2348, § 10. Removal, proceedings need not be by indictment or iiiforinalioii, p. 232, § 682. Reports, financial and statistical, department of accounting may require from officers, p. 333, § 688. Right of members of department of accounting to examine books, etc., of officers, p. 334, § 689. Salaries of officers. See Salaries. 2506 INDEX. OFFICES AND OFFICEBS (Continued). Salaries of assistant superintendents of school, p. 392, § 1521. Salaries of particular officer. See particular title. Salary of secretary of trustees of state normal schools, p. 383, § 1489. Sale of bonds by officers for public improvements cannot be enjoined, p. 22, § 526a. Supervision over officers by supervisors, p. 575, § 4041, subd. 1. Supplies, contracts by officers for, to be submitted to board of control, p. 332, § 683. Supplies, officer, right of to purchase in open market, p. 332, § 683. Supplies purchased by officers, report of to board of control, p. 832, § 685. Time of taking office, p. 571, § 4021. Township officers, additional, petition required before appointment by super- visors, p. 571, § 4014. Townships, officers of, p. 571, § 4014. Township officers, what officers are, p. 571, § 4014. Uniform system of accounting to be established for officers by department of accounting, p. 333, § 687. Waste of public money or property by officer, right to enjoin, p. 22, § 526a. Witnesses, competency of public officers as, p. 96, § 1881. OFFICIAL REPORTERS. See Shorthand Reporters. OIL. See Pipe-line Corporations. OLEOMARGARINE. See Butter. Deception and fraud in manufacture and sale of, prevention of, p. 986, Act 473. Enforcement of provisions of law regulating manufacturing, buying or selling and punishment' for violation of, p. 986, Act 473. Licensing manufacture and sale of, p. 986, Act 473. OPIUM. See Drugs. OPTOMETRY. Act of 1903, regulating practice of, repealed, p. 1631, Act 2573. Act of 1913, regulating practice of, p. 1631, Act 2574. Board of, appointment, powers and duties of, p. 1631, Act 2574. Penalty for violation of act' regulating practice of, p. 1631, Act 2574. ORANGE COXTNTY. Assessor, all commissions to be paid into county treasury, p. 686, § 4243, subd. 7. Assessor, deputies, number, term of office, appointment and salaries, p. 686, § 4243, subd. 7. Assessor, salary of, p. 686, § 4243, subd. 7. Assessor, statements as to amounts paid for assistance, p. 686, § 4243, subd. 7. Auditor, assistants, appointment and salaries, p. 686, § 4243, subd. 4. Auditor, salary of, p. 686, § 4243, subd. 4. Auditor, statement of amounts paid for assistance, p. 686, § 4243, subd. 4. Census, taking of by supervisors, p. 689, § 4243, subd. 17. Classification of, p. 567, § 4006. Constables, salaries and fees of, p. 688, § 4243, subd. 14. Constitutionality of act, effect of declaring provision of unconstitutional, p. 689, § 4243, subd. 19. INDEX. 2507 ORANGE COUNTY (Continued). Coroner, fees of, p. 687, § 4243, subd. 9. County clerk, deputy, appointment, duties and salary, p. 684, § 4243, subd. 1. County clerk, fees and commissions to be paid into county treasury, p. 684, § 4243, subd. 1. County clerk, salary of, p. 684, § 4243, subd. 1. District attorney, deputies, appointment and salary, p. 687, § 4243, subd. 8. District attorney, deputies must be admitted to practice, p. 686, I 4243, subd. 8. District attorney, salary of, p. 687, § 4243, subd. 8. District attorney, stenographer, appointment and salary, p. 687, § 4243, subd. 8. Fish and game warden, salary and e.xpenses and how paid, p. 594, § 4149d. Jurors, compensation of, provision repealed, p. 689, § 4243a. Jurors, fees of, who to pay, p. 689, § 4243, subd. 18. Justices, population of townships, how ascertained for purpose of fi.\ing sal- aries, p. 688, § 4243, subd. 16. Justices, salaries and fees of, p. 688, § 4243, subd. 13. Jurors, grand, compensation and mileage, p. 689, § 4243, subd. 19. Jurors, trial, compensation and mileage, p. 689, § 4243, subd. 19. Livestock inspector, salary of, p. 688, § 4243, subd. 16. Population of, p. 565, § 4005c. Population of townships, how determined, p. 689, § 4243, subd. 17. Public administrator, fees of, p. 687, § 4243, subd. 10. Recorder, deputies, number, appointment and salaries, p. 685, § 4243, subd. 3. Recorder, fees, and commissions to be paid into treasury, p. 685, § 4243, subd. 3. Recorder, salary and fees of, p. 685, § 4243, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 596, 601, § 4149e. Sheriff, deputy, appointment, duties and salary, p. 685, § 4243, subd. 2. Sheriff, salary and fees of, p. 685, § 4243, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 687, § 4243, subd. 11. Superintendent of schools, salary and expenses of, p. 687, § 4243, subd. 11. Supervisors, compensation as road commissioner, p. 688, § 4243, subd. 15. Supervisors, salaries and mileage, p. 688, § 4243, subd. 15. Surveyor, salary of, p. 688, § 4243, subd. 12. Tax collector, deputy and assistants, appointment and compensation, p. 686, § 4243, subd. 6. Tax collector, salary of, p. 686, § 4243, subd. 6. Tax collector, statement as to amounts paid for assistance, p. 686, § 4243, subd. 6. Treasurer, deputy, appointment and salary, p. 686, § 4243, subd. 5. Treasurer, salary of, p. 686, § 4243, subd. 5. ORDER. I'ower of judge to stay execution of, p. 32, § 681a. ORDINANCES. Any number may be submitted to people at same election, p. 587, § 4058. Direct legislation for, including initiative and referendum, p. 585, § 4058. Enacting by means of initiative and referendum, p. 585, § 4058; p. 1280, Act 1624. See Initiative; Referendum. Reference of to vote of people. See Referendum. I 2508 INDEX. ORDINANCES (Continued). Suspension of on petition of voters, p. 588, § 4068. Time of taking effect of, p. 588, § 4068. ORPHAN ASYLUM. See State Board of Charities and Corrections. Abandoned children must have been inmates one year before receiving support, p. 483, § 2283. Adoption of child, managers may consent to, p. 109, § 224. Advisory committee, appointment, number and duties, p. 485, § 2286. Appropriations by state, city or county for orphan and abandoned children supported in, p. 483, § 2283. Board of control, appointment of children's agents and advisory committees, p. 484, § 2286. Board of control, authority of over, p. 484, § 2286. Board of control, books open to inspection of, p. 484, § 2285. Board of control, refusal to comply with orders or demands, no public aid to, p. 484, § 2286. Books, to whom open, p. 484, § 2285. Books, what, to be kept by, p. 484, § 2285. Books, what to show, p. 484, § 2285. Child need not be surrendered to person of different faith from parents, p. 486, § 2287, subd. 5. Child not orphaned or abandoned unless parents resided in state three years or have become citizens of state, p. 486, § 2280, subd. 4. Child over fourteen not deemed to be orphaned or abandoned, p. 486, § 2289, subd. 2. Child, to whom home offered is not subject of state aid, p. 486, § 2289, subd. 4. Child whose maintenance paid not deemed orphan or abandoned, p. 486, § 2289, subd. 3. Children's agents, number, appointment, duties, salaries, and expenses of, p. 485, § 2286. Claims for aid, contents of, p. 485, § 2287. Claims for aid, presenting, auditing and allowing, p. 485, § 2287. Claims for aid, requiring production of books to sustain, p. 485, § 2287. Claims for aid, verification of, p. 485, § 2287. Inmates, must have twenty to be entitled to aid, p. 485, § 2289. Licensing, inspecting and regulating by state board of charities and corrections, p. 1398, Act 1943. Managers may consent to adoption of child, when, p. 109, § 224. Twenty inmates necessary before institution entitled to aid, p. 486, § 2289, subd. 1. ORPHANS. Appropriations by city, county or state for half-orphans maintained at home. p. 483, § 2283. Denial of support to half-orphan maintained at home, appeal to state board of control, p. 483, § 2283, OSTEOPATHY. See Medicine. OTTER. Sea. See Game Laws. INDEX. 2509 OVERFLOW DISTRICTS. See Levee Districts; Reclamation Districts. Formation, government and control of, p. 1639, Act 2604. Protection districts. See Protection Districts. P PACIFIC OCEAN. Garbage, refuse, etc., dumping in, regulation of, p. 203, § 374a. Garbage, refuse, etc., dumping in, violation of law regulating, punishment of, p. 203, § 374a. PALO ALTO. Charter of, p. 1651, Act 2612. PANAMA-CALIFORNIA EXPOSITION. See Expositions. PANAMA-PACIFIC INTERNATIONAL EXPOSITION. See Expositions. PANDERING. Definition of, p. 1057, Act 865. Evidence, competency of, on prosecution for, p. 1057, Act 865. Punishment of, p. 1057, Act 865. PANEL. See Grand Jury. PARENT AND CHILD. See Adoption. Abandonment or neglect of child, compelling parent to work and paying pro- ceeds to custodian of child, p. 197, § 273h. Adoption. See Adoption. Custod}', services and earnings, right to as between father and mother, p. 109, § 197. Custody, services and earnings, right to, on death, desertion or neglect of parent, p. 109, § 197. Nonsupport of child, abandonment or neglect is prima facie willful, p. 197, § 270e. Nonsupport of child, evidence of parentage, p. 197, § 270e. Nonsupport of child, fine imposed for may be paid to custodian of child, p. 197, § 270d. Nonsupport of child, rule as to privileged communications between husband and wife does not apply, p. 197, § 270e. Orphans. See Orphans. Wages, assignment of by child, written consent of parent necessary, p. 152, § 955. PARIS GREEN. Fraud in sale of, repeal of act relating to, p. 1651, Act 2614. Sale of as insecticide, regulation of, p. 827, Act 48. PARKS. See California Redwood Park; Panama-California Exposition. Acquisition of by cities or counties and forming assessment dislrict.s for, p. 1725, Act 2884. Bonds for acquisition of, act of 1911 rtlating to, p. 950, Act :J90. Tax for by cities, p. 1563, Act 2389a. 2510 INDEX. PAROLE. See Parole Commissioners. Prisoners. See Prisoners. Psychopathic parole act. See Insane Asylums. PAROLE COMMISSIONERS. Act of 1893 establishing board of, repealed, p. 1651, Act 2619. Act of 1913, relating to, p. 1651, Act 2619a. County, amendment of act of 1909, relating to, p. 1652, Act 2620. State schools and reformatories, parole headquarters for, p. 1653, Act 2621. PARTIES. See Death; Insane Persons. Infants as. See Infants. Insane person as. See Insane Persons. Joinder of in action to enforce mechanic's lien, p. 56, § 1195. Married woman as. See Married Women. Married woman as, husband must be joined when and when not, p. 14, § 370. Particular proceeding. See particular title. Political, choosing delegates to state conventions, p. 1084, Act 1010. Place of trial where person improperly joined as a defendant, p. 16, § 395. Political, election of parly county central committees, p. 1084, Act 1010. PARTITION. Attorney appointed to represent party allowed reasonable compensation tax- able as costs, p. 34, § 763. Conveyance by cotenant pending, effect of, p. 36, § 766. Death pending proceedings, effect of, p. 36, § 766. Improvements by tenant, rights where site of city included in property, p. 34, § 763. Judgment confirming report, protection of rights of persons not in being, p. 36, § 766. Judgment on report of referee, upon whom binding, p. 36, § 766. Judgment on report of referee, conclusiveness of, p. 36, § 766. Judgment to be entered on confirmation of report of referee, p. 36, § 766. Partial distribution of estate, on, p. 86, § 1661. Proceedings where parly dies or becomes incompetent, p. 34, § 763. Proceedings where site of city or town included within interior limits of prop- erty, p. 34, § 763. Referees, new, appointment of, p. 34, § 763; p. 36, § 766. Referees, one to be appointed, when, p. 34, § 763. Referees, qualifications of, p. 34, § 763. Referees, report may be confirmed, modified, or set aside, p. 36, § 766. Referees, single referee, powers and duties of, p. 34, § 763. Referees, three to be appointed, p. 34, § 763. Report may be confirmed, changed, modified or set aside, p. 34, § 763; p. 36, § 766. Sale of property when ordered where site of city or town included in property, p. 34, § 763. Sale, when ordered, p. 34, § 763. Unknown or unascertained owners, rights, how protected, p. 34, § 763; p. 36, § 766. PARTNERSHIP. Fictitious names, certificate, contents of, p. 178, § 2466. INDEX. 2511 PARTNERSHIP (Continued). Fictitious names, certificate, failure to file, cannot maintain action, p. 178, § 2468. Fictitious names, certificate, filing with county clerk, p. 178, §§ 2466, 2468. Fictitious names, certificate, publication of, p. 178, § 2466. Fictitious name, certificate, signature to and acknowledgment of, p. 178, § 2468. Fictitious names, county clerk to keep register of, p. 179, § 2470. PARTRIDGES. See Game Laws. PASADENA. Charter of, p. 1654, Act 2627. PASSENGER CARRIERS. See Baggage.. PASSES. See Railroad Commissioners; Public Utilities, II. PATENT. See State Lands. PAWNBROKERS. Regulation of rate of interest that can be charged by, p. 1655, Act 2637. PEACE OFFICERS. See Police. PENALTIES. See Public Utilities, 11. PENSIONS. See Firemen. Old age, investigation as to system of and report on, p. 1656, Act 2642. Teachers, for, act regulating, p. 1657, Act 2643. Teachers, repeal of act of 1895, relating to, p. 1922, Act 3570. PERCH. See Game Laws. PERJURY. False oath before election officer is, p. 342, § 1077. False statement in report by foreign banks, p. 918, Act 297, § 130. False statements in special reports to superintendent of banks, p. 918, Act 297, § 130a. PERSONAL PROPERTY. Banks, power to deal in. See Banks and Banking. Lien on for services performed, p. 183, § 3051. PETALUMA. Charter of city of, p. 1663, Act 2650. PETROLEUM. Pipe-lines. See Pipe-lines. PHARMACY. See California State Board of Pharmacy. PHEASANTS. See Game Laws. 2512 INDEX. PHYSICIANS. See Medicine. Contagious diseases, duty of physician in case of, p. 510, § 2979a. Dentistry. See Dentistry. Occupational diseases, duty of physician to report, p. 1706, Act 2827. Privileged communications between physician and patient, p. 96, § 1881. Privileged:^ communication between physician and patient, who may waive privi- lege in action for death, p. 96, § 1881. PILOTS. San Diego harbor, for. See San Diego Harbor. Wilmington and bay of San Pedro, for, repeal of act relating to, p. 1663, Act 2672. Governor appoints pilot commissioners and pilots, p. 291, § 368. PIMPING. Definition of, p. 1058, Act 866. Evidence, competency of on prosecution for, p. 1058, Act 866. Punishment of, p. 1058, Act 866. PIONEERS. See California Pioneers. PIPE-LINE CORPORATIONS. See Public Utilities, II. Combinations between and railroads declared to be illegal, p. 1622, Act 2560. Common carriers, declared to be, p. 1620, Act 2559. Licenses for, fees for, p. 1614, Act 2558. License required to maintain, p. 1614, Act 2558. Private, not to be built, p. 1614, Act 2558. Railroad commission, authority as to, p. 1614, Act 2558; p. 1620, Act 2559. To become common carriers or to procure license and pay fees, p. 1622, Act 2560. PISMO CLAMS. See Game Laws. PLACE OF TRIAL. See Venue. Dismissal of actions after transfer for nonpayment of fees, p. 26, § 5811j. Filing anew transferred pleadings without fee where action dismissed, p. 26, § 581b. PLACER COXTNTY. Assessor, field deputy, appointment and salary, p. 755, § 4260, subd. 7. Assessor, salary of, p. 755, § 4260, siibd. 7. Assessor to make annual verified statement of receipts, p. 757, § 4260, subd. 17. Auburn is county seat of, p. 563, § 3924. Auditor, salary of, p. 755, § 4260, subd. 4. Boundaries of, p. 563, § 3924. Classification of, p. 568, § 4006. Constable to make annual verified statement of receipts, p. 757, i 4260, subd. 17. Constables, fees, expenses and mileage, p. 755, § 4260, subd. 14. Coroner, fees of, p. 755, § 4260, subd. 9. Coroner to make annual verified statement of receipts, p. 757, § 4260, subd. 17, County clerk, deputy, appointment and salary, p. 754, § 4260, subd. 1. County clerk, salary and allowances, p. 754, § 4260, subd. 1. County clerk, to make annual verified statement of receipts, p. 757, 5 4260, Bubd. 17. INDEX. 2513 PLACEE COUNTY (Continued). District attorney, deputy, appointment and salary, p. 755, § 4260, subd. 8. District attorney, salary of, p. 755, § 4260, subd. 8. District attorney to make annual verified statement of receipts, p. 757, § 4260, subd. 17. Fish and game warden, salary and expenses of and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage of, p. 757, § 4260, subd. 16. Jurors, trial, fees and mileage, p. 757, § 4260, subd. 16. Justices, fees and allowances of, p. 755, § 4260, subd. 13. Justices to make annual verified statement of receipts, p. 757, § 4260, subd. 17. Population of. p. 566, § 4005c. Public administrator to make annual verified statement of receipts, p. 757, § 4260, subd. 17. Public administrator, fees of, p. 755, § 4260, subd. 10. Recorder, copyists, appointment and salaries, p.' 754, § 4260, subd. 3. Recorder, fees, what proportion to pay to treasury and what proportion may retain, p. 754, § 4260, subd. 3. Recorder, salary of, p. 754, § 4260, subd. 3. Recorder to make annual verified statement of receipts, p. 757, § 4260, subd. 17. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 598, 601, § 4149e. Sheriff, salary of, p. 754, § 4260, subd. 2. Sheriff to make annually a verified statement of receipts, p. 757, § 4260, subd. 17. «*• Superintendent of schools, deputy, appointment and salary, p. 755, § 4260, subd. 11. Superintendent of schools, office hours, p. 755, § 4260, subd. 11. Superintendent of schools, salary and expenses of, p. 755, § 4260, subd. 11. Supervisors, compensation and mileage as road commissioner, p. 756, § 4260, subd. 15. Supervisors, salary and mileage of, p. 756, § 4260, subd. 15. Surveyor, compensation and expenses, p. 755, § 4260, subd. 12. Tax collector, salary of, p. 754, § 4260, subd. 6. Tax collector, to make annual verified statement of receipts, p. 757, § 4260, subd. 17. Treasurer, salary of, p. 755, § 4260, subd. 5. PLACEEVILLE. County seat of El Dorado county, p. 564, § 3927. PLATE GLASS INSURANCE COMPANIES. Capital stock required of, p. 307, § 594, subd. 16. What included in plate glass insurance, p. 309, § 594, subd. 7. PLAYGROUNDS. Acquisition of by cities or counties and forming assessment districts, p. 1725, Act 2884. Bonds for acquisition of, act of 1911 relating to, p. 950, Act 390. PLEADINGS. Amendments, service of on party cpfaulfiiig, or not appearing, p. 30, § 050. Particular action, in. See particular title. 158 2514 INDEX. PLEDGES. Shares of stock in name of pledgee, how represented, p. 114, § 313. PLOYiSE. See Game Laws. PLUMAS COUNTY. Assessor, salary of, p. 806, § 4280, subd. 7. Auditor, salary of, p. 806, § 4280, subd. 4. Classification of, p. 569, § 4006. Constables, fees of, p. 806, § 4280, subd. 14. Coroner, fees of, p. 806, § 4280, subd. 9. County clerk, salary of, p. 806, § 4280, subd. 1. District attorney, salary of, p. 806, § 4280, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Justices, fees of, p. 806, § 4280, subd. 13. License collector, percentage on licenses collected, p. 806, § 4280, subd. 16. Population of, p. 566, § 4005c. Public administrator, fees of, p. 806, § 4280, subd. 10. Recorder, salary of, p. 806, § 4280, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, p. 601, § 4149e. Sheriff, salary of, p. 806, § 4280, subd. 2. Superintendent of schools, salary and expenses of, p. 806, § 4280, subd. 11. Supervisors, compensation and mileage, p. 806, § 4280, subd. 15. Supervisors, mileage as road commissioners, p. 806, § 4280, subd. 15, Surveyor, fees of, p. 806, § 4280, subd. 12. Tax collector, salary of, p. 806, § 4280, subd. 6. Treasurer, salary of, p. 806, § 4280, subd. 5. POISONS. Paris green, repeal of act to prevent fraud in sale of, p. 1651, Act 2614. See Paris Green. Regulation of sale of, p. 1664, Act 2724, POLICE. Peace officers, are, p. 234, § 817. Rules governing oflScers, trial of, penalties and right of appeal, p. 1670, Act 2737. What officers are peace officers, p. 234, § 817. POLICE COURTS. Cities of first and one-half class, act of 1913 relating to, p. 1674, Act 2741a. Cities of first and one-half class, repeal of act of 1901 relating to, p. 1674, Act 2741. Offenses need not be prosecuted by indictment or information, p. 232, § 682. POLLS. See Elections. POMONA. Charter of, p. 1684, Act 2746. POOL-SELLING. Prohibition of and punishment for, p. 200, § 337a. Liability of owner of premises where carried on, p. 200, § 3378. INDEX. 2515 POPtriiATION. Counties, of, p. 565, § 4005c. Counties. See particular county. Townships, of, how determined, p. 571, § 4014, Townships. See Townships. PORT WARDENS. Governor appoints, when, p. 292, § 368. Number and appointment of, p. 499, § 2501, POSTPONEMENTS. See Continuance. POUNDMASTER. Constable acting as, fees of, p. 603, § 4187, Constable, when to act as, p. 603, § 4187. POWER. See Electricity; Power Companies. Appropriation of water for generation of, repeal of act of 1911 for regulation of, p. 2329, Act 4350. Limit of time for appropriation of water for development of, p. 1G2, § 1410. POWER COMPANIES. Provision giving lien to, repealed, p. 52, § 1183a. POWERS OF ATTORNEY. See Agency. PRACTICE. Bills of exception. See Bills of Exception. Criminal. See Criminal Practice. Particular proceeding, in. See particular title. Preference of causes arising under public utility act on court calendar, p. 1783, Act 2886, § 69. Rules of court. See Rules of Court. PREFERENCE. Causes arising under public utility act, preference of on court calendars, p. 1783, Act 2886, § 69. PRESIDENT. See Elections. Presidential primary election law, p. 2240, Act 4232. Provision for expression by electors of choice for, p. 2240, Act 4232, PRESIDENTIAL ELECTORS. Nomination of, provision for, p. 1084, Act 1010. PRESTON SCHOOL OF INDtTSTRY. Act relating to superseded as to commitments, p. 1C85, Act 2753. Transfer of inmates, p. 1685, Act 2758. PRIEST. Privileged communicationB between priest and parishioner, p. 96, § 1881. PRIMARY ELECTIONS. See Elections. PRINTER. State. See State Printer. 2516 INDEX. PRINTING. See Superintendent of State Printing. PRISONERS. See Jails. Allowance to sheriff for expenses of pursuing, feeding or transporting, p. 816, § 4290. Convicts, attempt to extort from a misdemeanor, p. 230, § 650a. Convicts, exposure of, a misdemeanor, p. 230, § 650a. Female, in county jails. See Jails. Indemnity to persons erroneously convicted of felonies, p. 1050, Act 740. Parole, attempt to extort from a misdemeanor, p. 230, § 650a. Parole commissioners. See Parole Commissioners. Parole, exposure of a misdemeanor, p. 230, § 650a. Punishment, cruel, forbidden, p. 232, § 681. Punishment, what methods of forbidden, p. 232, § 681. Supervisors providing for working of prisoners, p. 581, § 4041, subd. 29. Transfer of to California State Reformatory, p. 1012, Act 512. Witness, prisoner as, discretion of court as to ordering attendance, p. 252, § 1333. Witness, prisoner as, proceedings in obtaining attendance, p. 252, § 1333. PRISONS. See California State Reformatory; Jails; Preston School of Industry; Prisoners; State Prisons; Whittier Slate School. PRIVILEGED COMMUNICATIONS. Comments of grand jury in report are not privileged, p. 237, § 928. Communications between what persons are, p. 96, § 1881. Husband or wife, competency of as witnesses in criminal actions, p. 96, § 1881; p. 251, § 1322. PRIVILEGE OF WITNESSES. See Witnesses. PROBATE PROCEEDINGS. See Estates of Decedents; Executors and Adminis- trators; Wills. PROBATION. See Juvenile Court. Authority to place prisoner on, p. 245, § 1203, subd. 1. Bond on, p. 245, § 1203, subd. 1. Conditions of, p. 245, § 1203, subd. 1. Conditions of, written statement of to be furnished defendant", p. 248, § 1203, subd. 9. Discharge of defendant at end of period of probation, p. 246, § 1203, subd. 4. Discharge of prisoner on probation where conduct justifies it, power of court, p. 246, § 1203, subd. 4. Dismissal of information or accusation and discharge of defendant, effect of, p. 246, § 1203, subd. 5. Fine, suspension of sentence where judgment is to pay, p. 245, § 1203, subd. 2. Hearing of motion, p. 244, § 1203. Inquiry into antecedents, history, environment, etc., of defendant, p. 247, § 1203, subd. 8. Judgment, extending time for pronouncing where probation considered, p. 244, § 1191. Officers, court may call on for services, p. 247, § 1203, subd. 7. Officer to have powers of peace officer, p. 248, § 1203, subd. 10. INDEX. 2517 PROBATION (Continued). Officers, who to serve as, under statute providing for pro'bation, p. 247, § 1203, subd. 6. Placing defendant on, discretion of court', p. 245, § 1203, subds. 1, 2, Placing defendant on, proceedings, p. 245, § 1203, subds. 1, 2. Psychopathic parole act. See Insane Asylums. Rearrest of defendant, grounds of, p. 246, § 1203, subd. 3. Rearrest of defendant, judgment after, p. 246, § 1203, subd. 3. Record of case, duty of probation officer to keep and what to show, p. 247, § 1203, subd. 8. Records of probation officer, books for to be furnished by county, p. 247, § 1203, subd. 8. Records of probation otiieer part of records of case, p. 247, § 1203, subd. 8. Records of probation officer, right to inspect, p. 247, § 1203, subd. 8. Referring case to probation officer for investigation and report, p. 244, § 1203. Report of officer, to whom case referred, as to probation, p. 244, § 1203; p. 247, § 1203, subd. 8. Reports, officers, copies to whom furnished, p. 248, § 1203, subd. 8a. Reports, officers, what to show, p. 248, § 1203, subd. 8a. Reports, officers, when to make, p. 248, § 1203, subd. 8a. Reports, (Officers, with whom filed, p. 248, § 1203, subd. 8a. Revoking or modifying order of suspension of, p. 246, § 1203, subd. 4. Suspending sentence and placing defendant on probation, p. 244, § 1203. Suspending sentence pending investigation by probation officer, p. 244, § 1203. Suspension of sentence, authority of court as to, p. 245, § 1203, subds. 1, 2. Termination of period of and discharge of defendant, p. 246, § 1203, subd. 4. Transfer of case, power of judge of court to which transferred, p. 247, § 1203, subd. 7. Transfer of case to county where defendant resides or to which he removes, p. 247, § 1203, subd. 7. Violations of terms of, officer to report, p. 248, § 1203, subd. 9. Withdrawal of plea of guilty, setting aside verdict and dismissing indictment where conditions fulfilled, p. 246, § 1203, subd. 5. PEOCEDUEE. Criminal. See Criminal Procedure. PROCESS. See Public Utilities; Summons. Constable of township to serve, when, p. 603, § 4189. Deed executed under court process as evidence of transfer of title, p. 98, § 1928. Issuance and return of in justices' courts in townships of two hundred and fifty thousand, p. 45, §§ 100, 101, 102. Issuance, service and filing of on Saturday afternoon, p. 1, § 10; p. 103, § 7; p. 259, § 10. Mileage to sheriff for service of, p. 816, § 4290. PEODUCTION OF DOCUMENTS. Before public utility commis.sion. See Public Utilities, II. PEOSTITUTION. See Pandering; Pimping. Houses of, abatement of as nuisances, p. 1C87, Act 2798. Houses of, declared nuisances, p. 1687, Act 2798. 2518 INDEX. PROTECTION DISTRICTS. See Levee Districts; Overflow Districts; Reclamation Districts; Storm Water Districts. Assessments on property benefited to pay expenses, supervisors authorized to levy, p. 1689, Act 2804. District No. 10 of Yuba county, dissolution of, p. 1822, Act 2938. Formation of, act providing for, p. 1689, Act 2804. PROTEST. Payment of taxes under. See Taxation. PROXIES. See Corporations. PUBLIC ADMINISTRATORS. Burial expenses, no fee for services in proceedings for order relating to, p. 91, § 1726a. Burial expenses, order for sale of property or withdrawal of bank deposit', etc., p. 91, § 1726a. Burial expenses, statement as to receipt and disbursements with vouchers, p. 91, § 1726a. Consolidation of offices of public administrator and coroner, p. 571, § 4017. Consolidation of offices of sheriff and public administrator, p. 571, § 4017. County officer, is, p. 570, § 4013. Deposit of funds of decedent in savings bank by, p. 900, Act 297, § 68%. Deposit of funds by with trust company under order of court' and withdrawal of, p. 907, Act 297, § 92. Deposits of decedents in savings banks, may permit to remain, p. 900, Act 297, § 68%. Deposits of decedents in savings banks, withdrawal of, p. 900, Act 297, § 68%. Moneys of decedent in savings bank, right to draw against, p. 900, Act 297, § 68%. No administration on estate under seventy-five dollars, p. 91, § 1726a. Particular county, of. See particular title. Statement as to receipts and disbursements, p. 91, § 1726a. PUBLICATION. Summons, of. See Summons. PUBLIC BUILDINGS. See Public Works. Acquiring site by city and donating to state for, p. 1705, Act 2822c. Cities and counties authorized to join in constructing, p. 1698, Acts 2821, 2822. Contract on behalf of state in relation to, amendments of act of 1909 relating to, p. 1812, Act 2901. Liability of officers for injuries from defects in, p. 1611, Act 2554. State building in San Francisco, construction, erection, equipment and furnishing of, p. 1703, Act 2822b. State building in San Francisco, provisional repeal of act relating to, p. IfiO-^. Act 2819. State building in San Francisco, submission of issuance of bonds for to pcopic p. 1699, Act 2822a. PUBLIC HEALTH. See Animals; Board of Health; State Board of Hoaltli: W'ai-.v Companies. Adulteration. See Adulteration. INDEX. 2519 PUBLIC HEALTH (Continued). Animals, importation of. See Animals, Burial. See Cemeteries. Cemeteries. See Cemeteries. Cold storage. See Cold Storage. Contagious diseases, duty in case of, p. 510, § 2979a. Contagious diseases, powers and duties of coroner, physicians, nurses and boards of health, p. 510, § 2979a. Contagious or infectious diseases, investigation and suppression of, p. 1718, Act 2836a. Contagious or infectious diseases, prevention of introduction of, p. 1718, Act 2836a. Health officer of particular county. See particular title. Occupational diseases, duty to report, p. 1706, Act 2827. Quarantine. See Quarantine. Sanitary districts. See Sanitary Districts. Sewage, regulation of deposit of in waters, p. 1707, Act 2830. Stale board of health. See State Board of Health. Tax, sanitary, power of supervisors to levy, p. 583, § 4041, subd. 38. Tax, sanitary, purposes for which used, p. 583, § 4041, subd. 38. Tuberculosis, appropriation to carry out act for investigation of, etc., p. 1722, Act 2844a. Tuberculosis, dissemination of knowledge as to means of preventing, p. 1722, Act 2844a. Tuberculosis, establishment and maintenance of department under state board of health, p. 1722, Act 2844b. Tuberculosis, investigation of prevalence of, p. 1722, Act 2844a. Vaccination of all school children, provision for, p. 1716, Act 2840a. Vaccination, repeal of act of 1889 relating to, pp. 1715, 1716, Acts 2840, 2840a. Wiping rags, regulation of use of, p. 1720, Act 2840b. PUBLIC LANDS. See State Lands. Death of applicant before patent issued, proceedings to determine who are heirs, p. 90, § 1724. Patent, certified copy of, effect of, p. 546, § 3571. PUBLIC LIBRAEIES. See Free Libraries. PUBLIC OFFICERS. See Offices and Officers. PUBLIC PARKS. See California Redwood Park; Parks. PUBLIC SERVICE COEPOEATIONS. Rates, for long and short distance service by telegraph corporations, p. 1749, Act 2886, § 24b. Taxation of for benefit of state, p. 2151, Act 4065. PUBLIC USE. See Eminent Domain. Irrigation declared to be, p. 1347, Act 1732c. 2520 INDEX. PUBLIC UTILITIES. See Municipal Corporations. I. Generally. Appropriation for purposes of carrying out provisions of public utility act, p. 1798, Act 2887. Municipal corporations, election on question of surrendering control of utilities to commission, p. 1790, Act 2886a. Municipal corporations, election on reinvesting control of public utilities in, p. 1790, Act 2886a. Municipal corporations, retention of control of public utilities by, p. 1790, Act 2886a. Public utility districts, bonded indebtedness, incurring of by, p. 1799, Act 2887a. Public utility districts, incorporation and organization of, p. 1799, Act 2887a. Public utility districts, powers, management and government of, p. 1799, Act 2887a. Subjecting vrater companies to public utilities act, p. 2288, Act 4348a. II. Act of 1911. Accidents, investigation of and power as to, p. 1757, Act 2886, § 44. Accidents, reports of and orders and recommendations as to not admissible in evidence, p. 1757, Act 2886, § 44. Accidents, reports of, filing with commission, p, 1757, Act 2886, § 44. Accounts, commissioners and employees may inspect, p. 1776, Act 2886, § 58. Accounts, depreciation, p. 1766, Act 2886, § 49. Accounts, establishing a system of, p. 1765, Act 2886, § 48. Accounts, general supervision over, p. 1765, Act 2886, § 48. Acquiring public utility by city, county or municipal water district, procedure, p. 1759, Act 2886, §47. Actions accruing under certain prior laws not to abate because of public utility act, p. 1789, Act 2886, § 83b. Actions against utilities under other laws not affected by public utility act, p. 1785, Act 2886, § 74. Actions by commission, appeal from judgment, p. 1786, Act 2886, § 75. Actions by commission, judgments in, p. 1786, Act 2886, § 75. Actions by commission, procedure, p. 1786, Act 2886, § 75. Actions by commission, right to institute, p. 1786, Act 2886, § 75. Actions by commission, venue of, p. 1786, Act 2886, § 75. Actions, compromise or discontinuance of, p. 1788, Act 2886, § 80. Action for penalties, how prosecuted, p. 1788, Act 2886, § 80. Actions for penalties no bar to criminal prosecution or contempt proceedings, p. 1786, Act 2886, § 74b. Action for penalties no bar to recovery of other penalties, p. 1786, Act 3886, § 74b. Action for penalties, procedure, p. 1788, Act 2886, § 80. Actions for penalties, where brought, p. 1788, Act 2886, § 80. ' Actions pending not affected by act, p. 1789, Act 2886. § 83a. Act of 1911, effect of on pending actions or proceedings or causes of action, p. 1789, Act 2886, §§ 83a, 83b. Act 1911, how far a continuation of prior act, p. 1789, Act 2886, § 83d. Appeal to supreme court from order or decision of commission, right of and pro- cedure, p. 1780, Act 2886, § 67. INDEX. 2521 PUBLIC UTILITIES (Continued). Appeal to supreme court, grounds not set forth in petition for rehearing cannot be urged, p. 1780, Act 2886, § 66. Appeal to supreme court, pendency does not suspend order or decision, p. 1781, Act 2886, § 68 (a). Appeal to supreme court', suspension of order or decision, bond, p. 1781, Act 2886, § 68c. Appeal to supreme court, suspension of order or decision, disposition of im- pounded moneys on final decision, p. 1782, Act 2886, § 68d. Appeal to supreme court, suspension of order or decision, impounding excessive rates collected, p. 1781, Act 2886, § 68c. Appeal to supreme court, suspension of order or decree, accounts of excess charges, duty to keep and power of commission, p. 1782, Act 2886, § 68d. Apppeal to supreme court, suspension of order or decree, bond, additional, p. 1782, Act 2886, § 68d. Appeal to supreme court, suspension of order or decree, hearing and finding as to injury, p. 1781, Act 2886, § 68b. Appeal to supreme court, suspension of order or decree, notice of, p. 1781, Act 2886, § 68b. Appeals, rehearing. See post, 'Rehearing," this title. Attorney general, duty of to aid in enforcement of law, p. 1785, Act 2886, § 72. Auto-stage lines, fixing rates for, p. 1752, Act 2886, § 33. Blanks received from commission, duty of public utility to fill up, p. 1750, Act 2886, § 28b. Bonds, act applies to all issues after act takes effect, p. 1772, Act 2886, § 52h. Bonds, issuing contrary to conditions, effect of, p. 1770, Act 2886, § 52d; p. 1771, §§ 52e, 52f. Bonds, issuing without permission, effect of, p. 1770, Act 2886, § 52d; p. 1771, §§ 52e, 52f. Bonds, right to issue and proceedings on issuance, p. 1769, Act 2886, §§ 52a, 52b. Capitalization, limit on, p. 1770, Act 2886, § 52b. Cars, insufficient, authority as to, p. 1754, Act 2886, § 37. Certified copies of official documents or orders as evidence, p. 1774, Act 2886, § 56a. Charges must be reasonable, p. 1740, Act 2886, § 13a. Common carriers interchanging traffic facilities with other carriers, joint rates, p. 1747, Act 2886, § 22a. Common carriers, rates for long and short haul by, p. 1748, Act 2886, § 24a. Common carriers to afford proper facilities for interchange of traffic with other carriers, p. 1747, Act 2886, § 22a. Complaint against, hearing, p. 1776, Act 2886, §60; p. 1777, § 61a. Complaint against, procedure, p. 1776, Act 2886, § 60; p. 1777, § 61a. Complaint against, right to file, p. 1776, Act 2886, § 60. Complaint by public utility, procedure, p. 1778, Act 2886, § 6S. Complaint by public utility, right to file, p. 1778, Act 2886, § 62. Condemnation of public utility by city, county or municipal water district, right of and procedure, p. 1759, Act 2886, § 47. Connecting railroad corporation, switching cars of, p. 1755, Act 2886, § .TDb. Connections between telegraph or telephone lines, ordering, p. 1756, Act 2886, ! 40. 2522 INDEX. PUBLIC UTILITIES (Continued). Coiuiections between tracks of railroads or street railroads, ordering, p. 1755, Act 2886, § 38. Connections between tracks of railroads or street railroads, refusal to make, proceedings, p. 1755, Act 2886, § 38. Consolidation of utilities, approval of commission necessary, p. 1768, Act 2886, § 51a. Constitutionality of act, effect of declaring section unconstitutional on other sections, p. 1789, Act 2886, § 84. Construction work affecting existing utility, power of commission, p. 17G6, Act 2886, § 50a. Construction work, issuance of certificate, hearing before commission, p. 1767, Act 2886, § 50c. Construction work, necessity of approval of commission, p. 1766, Act 2886, § 50a. Contempt, failure to obey order or requirement of commission is, p. 1788, Act 2886, § 81. Contempt, power to enforce orders and compel obedience by, p. 1773, Act 2886, § 54. Contempt, punishment of, p. 1788, Act 2886, § 81. Contempt, recovery of damages against utility does not affect liability for, p. 1785, Act 2886, § 73b. Contempt, recovery of penalties no bar to proceedings for, p. 1786, Act 2886, § 74b. Contempt, remedy cumulative, p. 1788, Act 2886, § 81. Copies of maps, contracts, reports, accounts, records, etc., to be furnished com- mission as required, p. 1751, Act 2886, § 28c. Corporations, other than public utilities, penalty for offenses by, p. 1787, Act 2886, § 78. Courts cannot review, annul or interfere with any order or decree of commis- sion, p. 1781, Act 2886, § 67. Criminal prosecutions, recovery of penalties no bar to, p. 1786, Act 2886, § 74b. Crossings, alteration or abolition of, p. 1757, Act 2886, § 43b. Crossings, manner of making, p. 1757, Act 2886, § 43b. Crossings, permit before constructing, p. 1757, Act 2886, § 43a. Crossings, separation of grades, p. 1757, Act 2886, § 43b. Cumulative, penalties under act are, p. 1786, Act 2886, § 74b. Cumulative remedies under public utility act are, p. 1784, Act 2886, § 71b. Damages for unlawful acts or omissions, liability of utility for, p. 1785, Act 2886, § 73a. Damages, punitive, may be awarded against utility, when, p. 1785, Act 2886, § 73a. Decision, conclusiveness of, p. 1779, Act 2886, | 65. Decision, rendition and service of, p. 1777, Act 2886, § 61a. Decision, when takes effect, and compliance with, p. 1777, Act 2886, § 61a. Definitions of terms used in act, p. 1732, Act 2886, § 2. Demurrage, charges for, p. 1758, Act 2886, § 45a. Depositions of witnesses, taking of, p. 1774, Act 2886, | 56c. Depreciation fund, p. 1766, Act 2886, § 49. Discrimination by means of false billing, weighing, classification, etc., forbidden, p. 1748, Act 2886, § 23a. Discrimination by means of false claim for damages forbidden, p. 1748, Act 2886, § 23b. INDEX. 2523 PUBLIC XTTIXITIES (Continued). District attorney, duty to aid in enforcement of act, p. 1785, Act 2886, § 72. Dividends, p. 1746, Act 2886, § 20. Documents, power to compel production of, p. 1773, Act 2886, § 55a. Documents, proceedings in superior court to compel production of, p. 1773, Act 2886, § 55a. Duty to enforce provisions of law not specifically vested in some other officer, p. 1785, Act 2886, § 72. Economies, efficiencies or improvements not prohibited, p. 1746, Act 2886, § 20. Electrical corporations, authority and power of commission as to, p. 1758, Act 2886, § 46a. Entrance upon premises of public utility, right of, p. 1759, Act 2886, § 46b. Equipment, appliances, etc., right of customer to have tested, p. 1759, Act 2886, § 46c. Equipment, appliances, etc., testing of by commission, p. 1759, Act 2886, § 46b. Equipment of public utility corporation, authority of commission as to, p. 1753, Act 2886, § 35. Equipment, sufficient, must be provided, p. 1740, Act 2886, § 13b. Equipment, use of by another company, ordering, p. 1756, Act 2886, § 41. Evidence, certified copies of official documents, p. 1774, Act 2886, § 56a. Examination of officers or employees of public utility under oath, p. 1776, Act 2886, § 58. Exercise of right or privilege not heretofore exercised, approval of commission, p. 1767, Act 2886, §§ 50b, 50c. Express companies, receiving, transporting and delivering packages, p. 1758, Act 2886, § 45b. Extensions affecting existing utility, power of commission, p. 1766, Aot 2886, § 50a. Extensions, issuance of certificate, hearing before commission, p. 1767, Act 2886, § 50c. Extensions, necessity of approval of commission, p. 1766, Act 2886, § 50a. False billing, weighing or classification forbidden, p. 1748, Act 2886, § 23a. False claims for damages forbidden, p. 1748, Act 2886, § 23b. Fees, disposition of, p. 1775, Act 2886, § 57. Fees not to be charged public officers, p. 1775, Act' 2886, § 57. Fees of, p. 1775, Act 2886, | 57. Fines, disposition of, p. 1788, Act 2886, | 80. Foreign commerce, act does not affect, p. 1790, Act 2886, § 85. Foreign corporations, conduct of public utility business, p. 1750, Act 2886, § 26. Franchises not to be disposed of or encumbered without permission, p. 1768, § 51a. Freight, demurrage, charges for, p. 1758, Act 2886, § 45a. Freight, handling of, rules and regulations as to, p. 1758, Act 288G, § 45a. Freight, loading and unloading, p. 1758, Act 2886, S 45a. Fund, railroad commission, appropriation to use of commission, p. 1790, Act 2886, § 86. Fund, railroad commission, how drawn upon, p. 1790, Act 2886, 5 86. Gas corporations, authority and power of commission as to, p. 1758, Act 2886, § 46a. Hearing on complaint, p. 1776, Act 2886, § 61. Hearing, record on, what constitutes, p. 1777, Act 2886, § 61a. Hearing, review of, record of proceeding* what constitute.-*, p. 1777, Act 2886, S 61a. 2524 INDEX. PUBLIC UTILITIES (Continued). Hearing, review of, stipulation as to record and as t'o questions to be consid- ered, p. 1777, Act 2886, § 61a. Hearing, rules for, p. 1772, Act 2886, § 53. Indebtedness, act applies to all evidences of, issued after act takes effect, p. 1772, Act 2886, § 52h. Indebtedness, certificates of, right to issue and proceedings on issuance, p. 1769, Act 2886, §§ 52a, 52b. Indebtedness, evidences of, issuing contrary to conditions imposed, effect of, p. 1770, Act 2886, § 52d; p. 1771, §§ 52e, 52f. Indebtedness, evidences of, issuing without permission, effect of, p. 1770, Act 2886, Act 52d; p. 1771, §§ 52e, 52f. Information given to commission confidential, p. 1751, Act 28d. Information given to commission, divulgence of a misdemeanor, p. 1751, Act 2886, § 28d. Information to be furnished to commission, p. 1751, Act 2886, § 28a. Injunction proceedings where utility acts in violation of orders, p. 1786, Act 2886, § 75. Inspection of accounts, books, records, etc., by commissioners or employees, p. 1776, Act 2886, § 58. Interstate commerce, act does not affect, p. 1790, Act 2886, § 65. Interurban railroads, limitation on rates, p. 1750, Act 2886, § 27. Interurban railroads, transfers, p. 1750, Act 2886, § 27. Intervention in proceedings before commission, p. 1777, Act 2886, § 61a. Mandamus, proceedings by, where utility acts in violation of orders, p. 1786, Act 2886, § 75. Motive power, insufficient, authority as to, p. 1754, Act 2886, § 37. Municipal corporations, effect of act on powers of over utilities, p. 1788, Act 2886, § 82. Municipal corporations, surrendering power over utilities to commission, p. 1788, Act 2886, § 82. See ante, I. Notes, act applies to all issues after act takes effect, p. 1772, Act 2886, § 52h. Notes, issuing contrary to conditions imposed, effect of, p. 1770, Act 2886, § 52d; p. 1771, §§ 52e, 52f. Notes, issuing without permission, effect of, p. 1770, Act 2886, § 52d; p. 1771, §§ 52e, 52f. Notes, right to issue and proceedings on issuance, p. 1769, Act 2886, §§ 52a, 52b. Oaths, commissioners may administer, p. 1773, Act 2886, § 55a. Offense, acts or omissions of officers or agents are acts or omissions of utility, p. 1787, Act 2886, § 76c. Offense by officers or employees of corporations other than utilities, p. 1788, Act 2886, § 79. Offense, continuing, each day's continuance a separate offense, p. 1787, Act 2886, § 76a. Offenses by officers or employees, penalty, p. 17B7, Act 2886, § 77. Offenses by utility, each violation a separate offense, p. 1787, Act 2886, § 76a. Offenses by utility, penalties for, p. 1787, Act 2886, § 76a. Ofiice, keeping of, p. 1776, Act 2886, § 59a. Officers, liability for participation in unlawful issuance of stocks, bonds, notes, etc., p. 1771, Act 2886, § 52f. Officers, liability for unlawful disposition of proceeds of stocks, bonds, notes, etc., p. 1771, Act 2886, § 52f. INDEX. 2525 PUBLIC UTILITIES (Continued). Officers or employees, acts or omissions of are acts or omissions of utility, p. 1787, Act 2886, § 76c. Officers or employees of corporations other than public utilities, penalties for offenses by, p. 1788, Act 2886, § 79. Officers or employees, penalties for offenses by, p. 1787, Act 2886, § 77. Orders, authorizations and certificates, certificates that they have not been sus- pended or stayed, recording of, p. 1775, Act 2886, § 56b. Orders, authorizations and certificates, certified copies may be filed in county of principal place of business, p. 1775, Act 2886, § 56b. Orders, authorizations and certificates, record of certified copy of as notice, p. 1775, Act 2886, § 56b. Orders, authorizations and certificates to be in writing and entered on records, p. 1775, Act 2886, § 56b. Orders, conclusiveness of in collateral proceedings, p. 1779, Act 2886, § 65. Orders, rescinding, altering or amending, p. 1779, Act 2886, § 64. Passes, regulations concerning, p. 1743, Act 2886, § 17, subd. 3; p. 1745, Act 2886, § 17, subd. 4. Penalties, actions for. See ante. Actions, this section. Penalties, disposition of, p. 1788, Act 2886, § 80. Penalties for offenses by corporations other than public utilities, p. 1787, Act 2886, § 78. Penalties for offenses by officer or employee, p. 1787, Act 2886, § 77. Penalties for offenses by officers or emploj-ees of corporations other than public utilities, p. 1788, Act 2886, § 79. Penalties for offenses by utilities, p. 1787, Act 2886, § 76a. Penalties, recovery of no bar to criminal prosecution or contempt proceedings, p. 1786, Act 2886, § 74b. Penalties under act are cumulative, p. 1785, act 2886, § 74a. Pending proceedings not affected by act but may be prosecuted to final deter- mination, p. 1789, Act 2886, § 83a. Physical property of public utilities, additions to or changes in, p. 1753, Act 2886, § 36. Pipe-line companies subject to provisions of, p. 1620, Act 2559. Power and jurisdiction over every public utility vested in, p. 1751, Act 2886, § 31. Practice on hearings, rules governing, p. 1772, Act 2886, § 53. Preference over other causes on court calendar of actions under public utility act, p. 1783, Act 2886, § 69. Preferences or advantages, question of, commission to determine, p. 1746, Act 2886, § 19. Private tracks of another company, right' to use, p. 1755, Act 2886, § 39a. Proceeds of stocks, bonds, notes, etc., accounting for disposition of, p. 1770, Act 2886, § 52c. Proceeds of stocks, bonds, notes, etc., how applied, p. 1769, Act 2886, § 52b. Proceeds, unlawful disposition of, penalty, p. 1771, Act" 2886, §§ 52e, 52f. Process, extends to all parts of state, p. 1772, Act 2886, § 54. Process, power to issue, p. 1772, Act 2886, § 54. Process, service of and fees for, p. 1772, Act 2880, § 54. Production of records, books, accounts, etc., or of certified copio."! of, roquiring, p. 1776, Act 2886, § 59a. Property not to be disposed of or encumbered without permission,- p. 1768, Act 2886, § 51a. 2526 INDEX. PUBLIC UTILITIES (Continued). Publications of, charges for, p. 1775, Act 2886, § 57. Publications of, no charges to be made to public officers for, p. 1775, Act 2886, § 57. Railroad commission. See Railroad Commission. Railroads, connections to be made between at request of shipper, p. 1749, Act 2886, § 25a. Railroads, construction of spur tracks on application of shipper, p. 1749, Act 2886, § 25b. Rates by interurban railroads, p. 1750, Act 2886, § 2J. Rates by public utilities, changes in, p. 1742, Act 2886, § 15. Rates by street railroads, limitation on, p. 1750, Act 2886, § 27. Rates, establishment of schedule of by commission, p. 1778, Act 2886, § 63b. Rates, fixed by commission, time of going into effect, p. 1778, Act 2886, § 63b. Rales, for long and short distance service by telephone corporations, p. 1749, Act 2886, § 24b. Bates for long and short haul by common carrier, p. 1748, Act 2886, § 24a. Rates, increase of, prohibited unless by finding of commission, p. 1778, Act 2886, § 63a. Rates, interstate, power and authority of commission as to, p. 1753, Act 2886, § 34. Rates, investigation of, p. 1752, Act 2886, § 32b. Rates, joint, between telegraph and telephone companies, disagreement as to division, authority of commission, p. 1756, Act 2886, § 41. Rates, joint, dispute as to division, power of commission, p. 1752, Act 2886, § 33. Rates, joint', establishing between telephone and telegraph lines, p. 1756, Act 2886, § 40. Rates, joint, establishing for several common carriers, p. 1752, Act 2886, § 33. Rates, just and reasonable, commission to determine, p. 1752, Act 2886, § 32a. Rates, limit on amount that can be charged, p. 1742, Act 2886, § 14b. Rates, new, fixing of, p. 1752, Act' 2886, § 32b. Rates, no other rate than that in schedule to be charged, p. 1745, Act 2886, § 17b. Bates, no preference or advantage to be given, p. 1746, Act 2886, § 19. Rates, overcharges, action to recover and time to bring, p. 1784, Act 2886, § 71b. Rates, overcharges, complaint of, time to file, p. 1784, Act 2886, § 71b. Rates, overcharges, ordering reparation, p. 1784, Act 2886, § 71a. Rates, overcharges, remedy to recover given in public utility act cumulative, p. 1784, Act 2886, § 71b. Rates, reduced, to whom may be given, p. 1743, Act 2886, § 17, subd. 3; p. 1745, Act 2886, § 17, subd. 4. Rates, schedule only can be charged, p. 1743, Act 2886, § 17, subd. 2. Rates, schedule submitted by utility, hearing as to propriety of, p. 1778, Act 2886, § 63b. Bates, schedules. See post "Schedules," this title. Rates, sliding scale of charges, when allowable, p. 1742, Act 2886, § 21. Rates, suspension of pending hearing, p. 1778, Act 2886, § 63b. Rates, tolls, rentals or charges, fixing of, p. 1742, Act 2886, § 14b. Rates, unreasonable difference in prohibited, p. 1746, Act 2886, § 19. INDEX. 2527 PUBLIC UTILITIES (Continued). Ratification of previous proceedings, orders, rules, decisions, etc., by commis- sion, p. 1789, Act 2886, §§ 83a, 83b. Rebates not to be given, p. 1743, Act 2886, § 17, subd. 2. Records, books, accounts, etc., not to be removed from state, p. 1776, Act 2886, § 59a. Records, books, accounts, etc., requiring production of or of certified copies of, p. 1776, Act 2886, § 59a. Records, books, accounts, etc., to be kept in office in state, p. 1776, Act 2886, § 59a. Refunds prohibited, p. 1745, Act 2886, § 17b. Rehearing of orders or decisions by commission, application for, p. 1779, Act 2886, § 65. Rehearing of order or decision by commission, order or decision made after rul- ing on, effect of, p. 1779, Act 2886, § 66. Rehearing of order or decision, by commission, procedure, p. 1779, Act 2886, § 65. Rehearing of order or decision by commission, ruling on, p. 1779, Act 2886, § 66. Rehearing, orders of commission to be obeyed pending application for, p. 1779, Act 2886, § 66. Repeal of prior acts, p. 1790, Act 2886, § 87. Reports by public utilities to commission, p. 1751, Act 2886, § 29. Routes, through, establishing where there are several common carriers, p. 1752, Act 2886, § 33. Routes, through, order that freight be carried without transfer, p. 1752, Act 2886, § 33. Rules and regulations for public service corporations, prescribing, p. 1753, Act 2886, § 35. Rules and regulations must be reasonable, p. 1741, Act 2886, | 13e. Rules and regulations of public utility corporation, authority of commission as to, p. 1753, Act 2886, § 35. Rules, orders and regulations of commission to be strictly complied with, p. 1752, Act 2886, § 30. Safety devices, p. 1756, Act 2S86, § 42. Schedule of rates within and without state, p. 1746, Act 2886, § 18. Schedules by public utilities other than common carriers, p. 1741, Act 2886, § 14a. Schedules, changes in form of, p. 1742, Act 2886, § 14c. Schedules of charges by common carriers, p. 1741, Act 2886, § 14a. Schedules, joint, p. 1743, Act 2886, § 16. Schedules, rate, no business to be engaged in until filed, p. 1743, Act 2886, § 17a. Schedules, rate, no business to be transacted until filed, p. 1743, Act 2886, 17a. Service of public utility corporation, authority of commission as to, p.. 1753, Act 2836. § 35. Special facilities or privileges not to be granted, p. 1745, Act 2886, §171>; p. 1746, Act 2886, § 19. Special privileges not to be given, p. 1743, Act 2886, § 17, subd. 2. Spur tracks of another company, right to use, p. 1755, Act 2886, iS 39a. Stage lines, fixing rates for, p. 1752, Act 2886, S 33. 2528 INDEX. PUBLIC UTILITIES (Continued). State does not guarantee payment of stocks, bonds, notes, etc., p. 1772, Act 2886, § 52g. Stock, act applies to all issues after act takes effect, p. 1772, Act 2886, § 52h. Stock issued contrary to conditions imposed, effect of, p. 1770, Act 2886, § 52d; p. 1771, §§ 52e, 52f. Stock issued wittiout permission, validity of, p. 1770, Act 2886, § 52d; p. 1771, §§ 52e, 52f. Stock, right to hold, p. 1768, Act 2886, § 51b. Stock, right to issue and proceedings on issuance, p. 1769, Act 2886, §§52a, 52b. Stock, transfer of between public utilities, regulations as to, p. 1768, Act 2886, § 52b. Stopping places, changing, p. 1754, Act 2886, § 37. Street railroads, limitation on rates, p. 1750, Act 2886, § 27. Street railroads, transfers, p. 1750, Act 2886, § 27. Switching cars of connecting carrier, duty as to and power of commission, p. 1755, Act 2886, § 39b. Telegraph companies, duty to interchange facilities with other companies, p. 1747, Act 2886, § 22b. Telegraph companies, gathering and delivery of messages by, p. 1758, Act 2886, § 45b. Telegraph companies, joint rates between, p. 1756, Act 2886, § 40. Telegraph companies, rates for long and short distance service, p. 1749, Act 2886, § 24b. Telephone companies, duty to interchange facilities with other companies, p. 1747, Act 2886, § 22b. Telephone companies, gathering and delivery of messages by, p. 1758, Act 2886, § 45b. Telephone companies, joint rates between, p. 1756, Act 2886, § 40. Telephone companies, rates for long and short distance service by, p. 1749, Act 2886, § 24b. Time of taking effect of act, p. 1790, Act 2886, § 88. Time schedules, authority as to, p. 1754, Act 2886, § 37. Title of act, p. 1732, Act 2886, § 1. Trains, insufficient, authority as to, p. 1754, Act 2886, § 37. Use of equipment by another company, ordering, p. 1756, Act 2886, § 41. Valuation of utility, evidence, p. 1783, Act 2886, § 70. Valuation of utility, findings, admissibility as evidence and conclusiveness of, p. 1783, Act 2886, § 70. Valuation of utility, findings of commission, p. 1783, Act 2886, § 70. Valuation of utility, findings, supplemental, p. 1783, Act 2886, § 70. Valuation of utility, hearing, p. 1783, Act 2886, § 70. Valuation of utility, hearings, supplemental, to make revaluations or in case of betterments or extensions, p. 1783, Act 2886, § 70. Valuation of utility, power of commission as to, p. 1759, Act 2886, § 47. Valuation of utility, procedure, p. 1783, Act 2886, § 70. Water companies, authority and power of commission as to, p. 1758, Act 2886, § 46a. Witnesses, depositions of, taking of, p. 1774, Act 2886, § 56c. Witnesses, exemption of from prosecution for testimony given, p. 1774, ^ct 2886, § 56d. Witnesses, fees and mileage, p. 1773, Act 2886, § 55a. INDEX. 2529 PUBLIC UTILITIES (Continued). Witnesses, not excused from testifying because of criminal prosecution, p. 1774, Act 2886, § 56d. Witnesses, power to subpoena, p. 1773, Act 2886, § 55a. Witnesses, proceedings in superior court to compel attendance and give testi- mony, p. 1773, Act 2886, § 55b. PUBLIC WORKS. Contract on behalf of state in relation to, amendments of act of 1909 relating to, p. 1812, Act 2901. Contractor to give bond to secure payment of materials, labor, etc., p. 1811, Act 2895. Liability of officers for injuries from defects in, p. 1611, Act 2554. Materialmen and laborers, filing of statement by and action on, p. 1811, Act 2895. Power and authority of advisory board of department of engineering as to, p. 1971, Act 3812, § 7. QUAIL. See Game LawB. QUARANTINE. See State Horticultural Commissioner. Protection of fruit trees, vines, bushes, etc., by means of, p. 1245, Act 1517a. Rules in case of, p. 1710, Act 2830, § 13. QUIETING TITLE. See McEnerney Act. QUO WARRANTO. Not lo be maintained against reclamation district after five years, p. 520, S 3453. Reclamation districts, not maintainable against after five years, p. 520, S 3453. R RABBITS. See Game Laws. RAIL. See Game Laws. RAILROAD COMMISSIONERS. Acts of 1909 and 1911, relating to organization, powers, duties, etc., repealed, pp. 1814 and 1815, Acts 2921 and 2921a. Appointment and term of office of, p. 1737, Act 2886, § 3a. Attorney, appointment, and term of office, p. 1737, Act 2886, § 4. Attorney, duties of, p. 1737, Act 2886, § 4. Civil executive officers, commissioners, attorney, secretary, rate expert' and as- sistant secretary are, p. 1739, Act 2886, § 10a. Employees of, qualifications and oath, p. 1738, Act 2886, 5 7. Employees, power of commission to engage, p. 1738, Act 2886, § 6. Expenses of, how met, p. 1740, Act 2880, § 10b. Free transportation for commissioners and employees, p. 1740, Act 2886, 5 11. Furniture, stationery and supplies, p. 1739, Act 2886, § 8c. •Turisdiction to fix compensation not affected by provisions relaling to eminent domain, p. 66, § 1243. 159 2530 INDEX. KAILROAD COMMISSIONERS (Continued). Main track crossing outside city limits, when only al' grade, p. 157, § 1240, Majority, act of, deemed act of board, p. 1739, Act 2886, § 9a. Number of, p. 1737, Act 2886, § 3a. Office, located in San Francisco, p. 1739, Act 2886, § 8a. Pipe-lines, authority as to, p. 1614, Act 2558. Powers and jurisdiction as to public utilities. See Public Utilities, II. Power and jurisdiction over public utilities, extent of, p. 1751, Act 2886, § 31. Power and jurisdiction over every public utility vested in, p. 1751, Act 2886, § 31. President of, p. 1737, Act 2886, § 3a. Provisions as to reference in eminent domain proceedings do not' affect juris- diction of, p. 29, § 640. Public utilities, rights, powers and duties as to. See Public Utilities. Qualifications and oaths, p. 1738, Act 2886, § 7. Quorum, p. 1739, Act 2886, § 9. Removal of commissioner, p. 1737, Act 2886, § 3b. Report, annual, to be made, p. 1740, Act 2886, § 1.2. Report, what to contain, p. 1740, Act 2886, § 12. Salaries of officers and employees of, p. 1739, Act 2886, § 10a. Salary of commissioners, p. 1739, Act 2886, § 10a. Seal, p. 1739, Act 2886, § 8b. Secretary and assistant secretary, appointment, term of office, powers, and duties, p. 1737, Act 2886, § 5. Sessions to be public, p. 1739, Act 2886, § 8a. Sessions, where may be held, p. 1739, Act 2886, § 8a. Single commissioner may act when, p. 1739, Act 2886, § 9. Vacancies, how filled, p. 1737, Act 2886, § 3b. Vacancy, remaining commissioners may act, p. 1739, Act 2886, § 9. Water companies, subjecting to, p. 2288, Act 4348a. BAILROADS. See Railroad Commissioners. Cities authorized to construct, maintain and operate pipes, lines, etc., across, p. 1564, Act 2389b. Combinations between railroads and pipelines declared to be illegal, p. 1622, Act 2560. Condemnation proceedings by or against. See Eminent Domain. Conditional sale of equipment and rolling stock, act of 1913 relating to, p. 1815, Act 2931a. Crossings, how to be made, p. 62, § 1240, subd. 6. Crossings, separation of grades, p. 62, § 1240, subd. 6. Crossings, when only deemed to be at grade, p. 62, § 1240, subd. 6. Crossings. See Public Utilities, II. Demurrage. See Public Utilities. Full crews on trains, duty to carry, p. 1817, Act 2935. Full crews on trains, what constitute, p. 1817, Act 2935. Harbor commissioners of San Francisco authorized to locate, construct, main- tain and operate, p. 1203, Act 1424a. Headlights on locomotives, provision as to, p. 1821, Act 2936a. Highway, laying out across, procedure and damages, p. 505, § 2694. Hours of labor for employees, p. 1819, Act 2936. Improved highway, not permitted on, p. 1217, Act 1448, § 10. Passes. See Railroad Commissioners. INDEX. 2531 RAILROADS (Continued). Railroad commission. See Railroad Commissioners. Rates, changes in, p. 1742, Act 2886, § 15. Rates, limit on amount of, p. 1742, Act 2886, § 14b. Rates, schedule only can be changed, p. 1743, Act 2886, § 17, subd. 2. Rates. See Public Utilities. Rebates not to be given, p. 1743, Act 2886, § 17, subd. 2. Regulations concerning under public utility law. See Public Utilities, II. Reimbursement of counties for losses in railroad taxes, p. 2185, Act 4067. Removal of from rights of way taken for roads in condemnation proceedings, p. 68, § 1248a. Repeal of act requiring companies to furnish cars on application, p. 1817, Act 2933. San Francisco authorized to construct railroad along lands of harbor commis- sion, p. 1904, Act 3347. Schedules of charges by, p. 1741, Act 2886, § 14a. Schedules, joint, p. 1743, Act 2886, § 16. Schedules, rate, business not to be transacted until filed, p. 1743, Act 2886, § 17a, Schedules. Sfie Public Utilities, II. Separation of grades at crossing, p. 63, § 1240, subd. 6. Special privileges not to be given, p. 1743, Act 2886, § 17, subd. 2. Street railroads. See Street Railroads. Switches. See Public Utilities. Taxation of for benefit of state, p. 2151, Act 4065. RAPE. Defined, p. 195, § 261. Jury may determine punishment of, when, p. 196, § 264. Punishment of, p. 196, § 264. What acts constitute, p. 195, § 261. BATES. See Common Carriers; Public Utilities; Railroads. EEAIi ESTATE. Unincorporated associations authorized to hold and manage, p. 2235, Act 4208. REAL PROPERTY. Banks, power to deal in. See Banks and Banking. RECALL. All elective officers subject to recall, p. 572, § 4021a. County officers, of, p. 572, § 4021a. Failure of successful officer to qualify, effect of, p. 574, § 4021a. Irregularity does not affect proceedings, p. 572, § 4021a. Officers of city, re.call of, p. 1612, Act 2555. Of municipal officers in cities under municipal corporation bill, p. 1520, Act 2348, § 10. Procedure to effect recall, p. 572, § 4021a. Several officials may be recalled at same election, p. 574, § 4021a. Vacancy pending proceedings, effect of, p. 574, § 4021a. RECEIVERS. Dfposit of funds with trust companies, ordering by court and reduction of bonds, p. 907, Act 297, § 93. 2532 INDEX. EECEIVERS (Continued). Deposit of trust funds with trust company under order of court and discharge from liability, p. 906, Act 297, § 91. Unclaimed fund, disposition of, p. 25, § 570. Unclaimed fund in hands of, publication of notice of, p. 25, § 570. RECLAMATION DISTRICTS. See Drainage Districts; Levee Districts; Overflow Districts; Protection Districts. Action against in nature of quo warranto not to be brought after five years, p. 520, § 3453. Action may be brought by to determine validity, p. 520, § 3453. Action to determine validity, nature of and eflfect of judgment, p. 520, § 3453. Action to determine validity of assessment, provision as to repealed, p. 540, § 34931/2. Action to determine validity of organization, procedure, p. 520, § 3453. Assessments, action in superior court to annul, modify or correct, p. 524, § 3462. Assessments, actions to determine validity of, provision as to repealed, p. 540, §3493%. Assessments, approval of, effect of, p. 524, § 3462. Assessments, approval of, proceedings on, p. 524, § 3462. ■ Assessments, change of and proceedings on, p. 524, § 3462. Assessments, collection and disposition of, p. 522, § 3456. • Assessments, commissioners to levy, appointment, qualifications and oath, p. 522, § 3456. Assessments, commissioners to levy, duties of, p. 522, § 3456. Assessment, delinquent list, contents of and publication of, p. 525, § 3466. Assessments, delinquent, penalties, p. 525, § 3466. Assessments, delinquent when, p. 525, § 3466. Assessments, errors or mistakes in, correction of, p. 522, § 3460. Assessment, failure to charge land with, subsequent reassessment, p. 527, § 3466%. Assessments, how apportioned and estimated, p. 522, § 3456. Assessments, installments, failure to pay, interest and penalties, p. 525, § 3466. Assessments, installments, failure to pay, proceedings, p. 525, § 3466. Assessments, installments, payment of in, p. 525, § 3466. Assessments, interest on, p. 525, § 3466. Assessments, invalid, reassessment of land subsequently, p. 527, § 3466%. Assessments, in what payable, p. 525, § 3465. Assessments in where bonds have been issued, p. 1851, Act 2975a. • Assessments, lien, assessment becomes and imparts notice, p. 525, § 3463. Assessments, list, commissioners to make, p. 523, § 3460. Assessments, list, filing of, p. 524, § 3462. Assessments, list, mistakes or errors in, correction of, p. 523, § 3460. Assessments, list to remain with treasurer thirty days, p. 525, § 3465. Assessments, list, treasurer to return to trustees after thirty days, p. 525, § 3466. Assessments, list what to contain, p. 524, § 3461. Assessments, objections to, and hearing of, p. 524, § 3462. Assessments, ordering collection of sufficient amount to pay warrants for two years, p. 525, § 3466. Assessments, payment by warrants, p. 522, § 3457; p. 525, § 3465. Assessments, payment of, p. 525, § 3465. INDEX. 2533 RECLAMATION DISTRICTS (Continued). Assessments, provisiun giving credit to owner of land who has paid in full repealed, p. 525, § 3464. Assessment, repeal of law providing for action to determine validity, p. 540, § 3493%. Assessments, sale of property for delinquent, proceedings on and disposition of proceeds, p. 525, § 3466. Assessments, sale of property for delinquent, redemption of, and proceedings on failure to redeem, p. 525, § 3466. Assessments, subsequent acts of trustees do not affect, p. 525, § 3463. Bonds, additional assessments to pay in case of a deficiency, p. 528, § 3480. Bonds, bank, trust or public funds may be invested in, p. 528, § 3480. Bonds, change of boundaries, effect of on, p. 537, § 3489a. Bonds, coupons, p. 528, § 3480. Bonds, coupons draw interest where not paid, p. 528, § 3480. Bonds, denomination, p. 528, § 3480. Bonds, elections on question of issuance of, p. 528, § 3480. Bonds, failure to present, cease to bear interest, p. 528, § 3480. Bonds, form of, p. 528, § 3480. Bonds, interest, rate of, p. 528, § 3480. Bonds, may issue, p. 528, § 3480. Bonds, payment for work in where bonds not sold, p. 528, § 3480. Bonds, payment of, p. 528, | 3480. Bonds, proceedings to determine validity, p. 528, § 3480. Bonds, revenue for payment of, set apart and not to be used for other pur- poses, p. 528, § 3480. Bonds, revenue to pay, how derived, p. 528, § 3480. Bonds, rights of holders on change of boundaries, p. 537, § 3489a. Bonds, sale of, p. 528, § 3480. Bonds, sale of, disposition of proceeds, p. 528, § 3480. Bonds, special election on question of issuance in place of assessment, p. 528, § 3480. Bonds, warrants may be used in payment of, p. 528, § 3480. Boundaries, bondholders, consent of to change in, p. 537, § 3489a. Boundaries, bonds, effect of change of on, p. 537, § 3489a. Boundaries, change of, effect of, p. 536, § 3489a. Boundaries, change of, effect of on indebtedness, p. 537, § 3489a. Boundaries, change of, procedure, p. 536, § 3489a. Boundaries, change of, right of, p. 536, § 3489a. Completion of works, distribution of surplus, p. 527, | 3476. Completion of work, supervisors to certify fact to register, p. 527, § 347$. Consolidation of, p. 535, § 3489. Consolidation of districts 729 and 108, boundaries of consolidated district, p. 1830, Act 2956a. Consolidation of districts 729 and 108, legalized, p. 1830, Act 2956a. Consolidation of districts 729 and 108, management and control of cunsolidnted district, p. 1830, Act 2956a. Consolidation of, number of district in case of, p. 534, § 3483. Contract, provision giving supervisors power to let repealed, p. 527, § 3475. Coupons, form of, p. 528, § 3480. Credits to be given to owner of land, provision as to repealed, p. 525, § 3404. Delinquent purchasers, filing copy of decree against, p. 545, § 3550. 2534 INDEX. RECLAMATION DISTRICTS (Continued). Emplo.viueut of expert in agriculture by, p. 845, Act 78b. Exclusion of lands, bondholders, consent of to, p. 537, § 3489a. Exclusion of lands, bonds, effect on, p. 537, § 3489a. Exclusion of lands, effect of, p. 536, § 3489a. Exclusion of land, effect on indebtedness, p. 537, § 3489a. Exclusion of lands, proceedings, p. 536, § 3489a. Exclusion of lands, right of, p. 536, § 3489a. Expenditure of two dollars per acre, supervisors to certify fact to register, p. 527, § 3476. Expenses paid out of money in treasury except bond money, p. 528, § 3480. Fees, county officers not to receive for services, p. 528, § 3480. Formation of by owners of land reclaimed or being reclaimed and not in any district, p. 539, § 3492. Inclusion or exclusion of lands, p. 519, § 3449, May sue an* be sued, p. 520, § 3453. No. 10, boundaries of, p. 1822, Act 2938. No. 10, creation of, p. 1822, Act 2938. No. 10, management and control of, p. 1822, Act 2938. No. 108, consolidation with District No. 729, p. 1830, Act 2956a. No. 232, creation, boundaries and management of, p. 1837, Act '2966b, No. 348, boundaries of, p. 1853, Act 2980b. No. 348, formation and organization of, validated, p. 1853, Act 2980b. No. 348, management and control of, p. 1853, Act 2980b. No. 535, exclusion of lands, excluded lands liable for proportion of indebted- ness, p. 1836, Act 2966a. No. 535, exclusion of lands from, p. 1836, Act 2966a. No. 535, exclusion of lands, remaining lands to continue as district, p. 1836, Act 2966a. No. 548, boundaries of, p. 1854, Act 2980a. No. 548, management and control of, p. 1854, Act 2980a. No. 548, organization and formation of. validated, p. 1854, Act 2980a. No. 729, consolidation of with district No. 108, p. 1830, Act 2956a. No. 742, consolidation with district No. 900, p. 1858, Act 2981a. No. 800, boundaries of, p. 1823, Act 2940a. No. 800, formation and organization of legalized, p. 1823, Act 2940a. No. 800, management and control of, p. 1823, Act 2940a. No. 802, formation, boundaries and management, p. 1854, Act 2980c. No. 812, consolidated, validation of proceedings, p. 1848, Act 29661, No. 830, creation, boundaries and management, p. 1847, Act 2966h. No. 831, act creating repealed, p. 1838, Act 2966d. No. 833, creation, boundaries and management, p. 1838, Act 2966c. No. 900, consolidation with district No. 742, p. 1858, Act 2981a. No. 900, creation, boundaries and management, p. 1845, Act 2966g. No. 999, creation, boundaries and management of, p. 1848, Act 2966J. No. 1000, creation, boundaries and management of, p. 1843, Act 2966f. No. 1000, dissolution of districts within, p. 1843, Act 2966f. No. 1001, creation, boundaries and management, p. 1839, Act 2966e. No. 1001, dissolution of districts within, p. 1839, Act 2966e. No. 1400, creation, boundaries and management, p. 1856, Act 2980d. . No. 1500, creation, boundaries and management, p. 1858, Act 2981b. No. 1500, dissolution and winding up ot districts within, p. 1858, Act 2981b. INDEX. 2535 RECLAMATION DISTRICTS (Continued). No. 1500, exclusion from other districts of lands lying within, p. 1858, Act 2981b. No. 1600, creation, boundaries and management of, p. 1849, Act 2966k. No. 1600, dissolution and winding up of districts within, p. 1849, Act 2966k. No. 1600, excluding from reclamation districts lands lying within, p. 1849, Act 2966k. Number, designation of district by, p. .534, § 3483. Number of where districts are consolidated, p. 534, § 3483. Orders on treasury for legal charges and payment of, p. 528, § 3480. Owners of land within, right to have lands set off. in separate districts, p. 534, § 3481. Petition for, approval of by supervisors, p. 519, § 3449. Petition fur formation, notice of hearing, p. 519, § 3447. Petition for formation, publication of, p. 519, § 3447. Petition for formation, verification of, p. 519, § 3447. Petition for, hearing, p. 519, § 3449. Petition for, notice to owners, how given and proof of, p. 519, § 3440. Petition for, proceedings where lands improperly included or omitted, p. 519, § 3449. Petition, sending copy of to supervisors when district in different counties, p. 519, § 3448. Peiition, recording of, p. 519, § 3450. Petition, sending certified copy to register of state land office, p. 519, § 3450. Petition for, verification of, p. 519, § 3447. Plans and estimates of work, p. 521, § 3454. Plans of work, p. 521, § 3455. Political Code, how far subject to provisions of, p. 528, § 3478. Proceedings where district is in different counties, p. 519, § 3448. Protection districts. See Protection Districts. Protection district No. 10 of Yuba county, dissolution of, p. 1822, Act 2938. Quo warranto proceedings not maintainable against after five years, p. 520, § 3453. Reorganization of, p. 535, § 3489. Sacramento and San Joaquin drainage district. See Sacramento and San Joaquin Drainage District. Separate district, right of owners to have land set off in, p. 534, § 3481. Supervisors, provision giving them axithority to let contracts, p. 528, § 3475. Trustees, action by to determine validity of district, nature of and effect of judgment, p. 520, § 3453. Trustees, action to determine validity of organization of district, may bring, p. 520, § 3453. Trustees, action by to determine validity of proceedings, procedure, p. 520, § 3453. Trustees, books, maps, papers, contracts, etc., of, open for inspection, p. 520, § 3453. Trustees, compensation and expenses of, p. 521, § 3454. Trustees, disqualifications of, p. 521, § 3454; p. 522, § 3455. Truslces, meetings of, p. 521, § 3454. Trustees, number, election, term of office and duties, p. 520, § 3453, Trustees, office of, p. 520, 5 3453. Trustees, plans and estimates of work, p. 521, § 3455. Trustees, powers of, p. 521, § 3454. 2536 INDEX. RECLAMATION DISTRICTS (Continued). Validity, action to determine, nature of and effect of judgment, p. 520, § 3453. Validit}-, action to determine, procedure, p. 520, § 3453. Validity, action to determine, trustees may bring, p. 520, § 3453. Validity of, quo warranto proceedings not maintainable against after five years, p. 520, § 3453. Warrants, p. 533, § 3457. Warrants may be used in payment of bonds, p. 533, § 3480. Warrants, provisions as to, p. 522, § 3454. RECORDERS. Acknowledgment, may ta\e, p. 155, § 1181. Additional recording of instruments once recorded, provision against, p. 593, § 4135b. Collections, payment of into treasury, p. 593, § 4101a. Consolidation of offices of auditor and recorder, p. 571, § 4017. Consolidation of offices of county clerk and recorder, p. 571, § 4017. Consolidation of offices of county clerk, auditor and recorder, p. 571, § 4017. Consolidation of offices of treasurer and recorder, p. 571, § 4017. County officer, is, p. 570, § 4013. Fees, accounting for and payment into treasury, p. 819, § 4300c. Fees of, p. 819, § 4300c. Inde.xing of instruments once recorded without additional recording, p. 593, § 4135b. Particular county, of. See particular county. To furnish surveyor general with certificates showing status of school lands, p. 1863, Act 2986. RECORDING. See Registration. RECORDS. County supervisors may replace indexes to records destroyed by fire, p. 584, § 4043a. Indexes to destroyed by fire, supervisors may replace, p. 584, § 4043a. Instruments may be recorded on Saturday afternoon, p. 1, § 10; p. 103, § 7; p. 259, § 10. Probation officer, of. See Probation. Supervisors, of. See Supervisors. RED BLUFF. Plat of town made by L. B. Healey declared to be official map. p. 1864, Act 2997. Streets and alleys declared to be public highways, p. 1864, Act 2996. RED LIGHT BILL. Houses of prostitution declared nuisances, p. 1687, Act 2798. REFEREES. Bill of exceptions, presentment and settlement of where case tried before, p. 30, § 650. Partition, in. See Partition. REFERENCE. Eminent domain, in. See Eminent Domain. Partition, in. See Partition. INDEX. 2537 REFERENCE (Continued). Referees, additional, appointment of where original do not agree, p. 29, § 640. Referees, number of, p. 29, § 640. Referees, proceedings wliere they do not agree, p. 29, § 640. Referees, residence of, p. 29, § 640. REFERENDUM. Election under, time of holding, p. 587, § 4058. In cities, p. 1280, Act 1624. Ordinances, any number may be submitted at same election, p. 587, § 4058. Ordinances, for, p. 587, § 4058. Ordinances, of, procedure, p. 587, § 4058. Ordinance referred to vote of people to receive majority of vote, p. 588, § 4068. Ordinances to be submitted to election by people when, p. 586, § 4058. Ordinances, when to be referred to vote of people, p. 588, § 4068. Provisions of law relating to, to be liberally construed, p. 587, § 4058. Under municipal corporation bill, p. 1520, Act 2348, § 12. REFORMATORIES. See California State Reformatory; Preston School of Industry; California School for Girls; California State Trades and Training School. Drugs, liquors, weapons or explosives, bringing into a felony, p. 193, § 171a. Intoxicating liquor, selling or giving away of within certain distance of, pun- ishment of, p. 193, § 172. Parole, headquarters for, p. 1653, Act 2621. Preston School of Industry. See Preston School of Industry. Punishment, cruel, forbidden, p. 232, § 681. Punishment, what methods of forbidden, p. 232, § 681. Warden of, record of punishments, duty as to, p. 256, § 1578, subd. 6. Whittier State School. See Whittier State School. REGISTER OF THE STATE LAND OFFICE. Appointees, may appoint three clerks, p. 303, § 500. Appointees of are civil executive officers, p. 303, § 500. Appointees of, salaries of and Vvhen and how paid, p. 303, § 500. Deputy surveyor general is deputy register, p. 303, § 485. REGISTRAR OF VOTERS. See Elections. REGISTRATION. See Recorders. Certiticd copies of instruments defectively executed as evidence, p. 155, § 1207. Elections, for. See Elections. Factories, work-shops, mills and other manufacturing instruments, of, p. 1404, Act 2063. Farm or villa names, registration of, p. 1597, Act 2390a. Instruments may be recorded on Saturday afternoon, p. 1, § 10; p. 103, § 7; p. 259, § 10. Notice from index of instruments once recorded withinit additional recording, p. 593, § 4135b. Notice, defectively executed instrument, when is, p. 156, § 1207. Notice, instrument executed without acknowledgment, when is, p. 156, §1207. Recording certified copies of instruments or records affecting realty, ri^'tit of and efTect of, p. 156, § J 218. Record of defectively executed instruments, act validating does not afTcet prior rights, p. 156, § 1207. Wills proved in other states, recording of, p. 73, § 1322. 2538 INDEX. RELIGIOUS, SOCIAL AND BENEVOLENT ASSOCIATIONS. Annual meetings, where held, p. 138, § 604. Any number of persons may incorporate, p. 136, § 593. Articles of incorporation, provision as to what they must show repealed, p. 136, § 594. By-laws, what may provide for, p. 137, § 599. Directors, election and number of, p. 136, § 593. Head oflfice, where to be maintained, p. 138, § 604. Power to hold and administer property, p. 138, § 604. Religious, articles of incorporation, contents of, p. 138, § 603. Religious, articles of incorporation, subscription and acknowledgment, p. 138, § 603. Religious, by-laws of, p. 138, § 604a. Religious, directors of, election of, p. 138, § 604a. Religious, how formed, p. 138, § 604a. Religious, may incorporate, p. 138, § 603. Religious, real estate, right to hold, p. 138, § 604a. Religious, rights, powers, duties and limitations, p. 138, § 604a. Religious, what bodies may form, p. 138, § 604a. Sale or mortgage by, proceedings in case of, p. 136, § 598. REPLEVIN. See Claim and Delivery. REPORTERS. See Shorthand Reporters. REPRESENTATIONS. See Misrepresentations. RESIDENCE. Divorce cases, in. See Divorce. REVENUE. See Ta.xation. RICHMOND. Charter of, p. 1864, Act 3018. Tide lands, granting of to, p. 1864, Act 3019. RIVERS. See Waters. Particular river. See particular title. RIVERSIDE. Agricultural experiment station at, establishment of, p. 2253, Act 4263b. Charter of, p. 1867, Act 3021. RIVERSIDE COUNTY. Assessor, deputies and assistants, number, appointment and salaries, p. 681, § 4242, subd. 7. Assessor, fees and commissions to be paid into treasury, p. 681, § 4242, subd. 7. Assessor, salary of, p. 681, § 4242, subd. 7. Auditor, deputies, number, appointment and compensation, p. 680, § 4242, suljd. 4. Auditor, salary of, p. 680, § 4242, subd. 4. Auditor, statement of expenses for extra assistants, p. 680, § 4242, subd. 4. Classification of, p. 567, § 4006. INDEX, 2539 RIVERSIDE COUNTY (Continued). Constables, salaries, fees, allowances, mileage and expenses, p. 683, § 4242, subd. 14. •■ Constables, township officers, are, p. 682, § 4242, subd. 13. Coroner, fees of, p. 681, § 4242, subd. 8. County clerk, deputies, number, appointment and salaries, p. 679, § 4242, subd. 1. County clerk, fees and commissions to be paid into treasury, p. 679, § 4242, subd. 1. County clerk, salary and allowances of, p. 679, § 4242, subd. 1. District attorney, deputy and stenographer, appointment and salary, p. 681, § 4242, subd. 10. District attorney, salary and expenses, p. 681, § 4242, subd. 10. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Justices, fees and fines, payment into treasury and report of, p. 682, § 4242, subd. 14. Justices, fees while acting as coroner, p. 682, § 4242, subd. 14. Justices, salaries and fees of, p. 682, § 4242, subd. 14. Justices, township officers, are, p. .682, § 4242, subd. 13. Population of, p. 565, § 4005c. Population of counties to determine compensation, fixing by supervisors, p. 683, § 4242, subd. 16. Public administrator, fees of, p. 681, § 4242, subd. 9. Recorder, deputy and assistants, appointment, number and compensation, p. 679, § 4242, subd. 3. Recorder, fees and commissions to be paid into treasury, p. 679, § 4242, subd. 3. Recorder, salary and allowances, p. 679, § 4242, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 596, 601, § 4149e. Sheriff, salary, commissions, fees and mileage, p. 679, § 4242, subd. 2. Sheriff, under-sheriff and deputy, appointment and salaries, p. 679, § 4242, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 682, § 4242, subd. 11. Superintendent of schools, office hours, p. 682, § 4242, subd. 11. Superintendent of schools, salary and expenses, p. 682, § 4242, subd. 11. Supervisors, salary, mileage and expenses of, p. 684, § 4242, subd. 17. Surveyor, cost of assessor's maps a county charge, p. 682, § 4242, subd. 12. Surveyor, deputies and field assistants, appointment and salaries of, p. 682, § 4242, subd. 12. Surveyor, expenses for field assistants a county charge, p. 682, § 4242, subd. 12. Surveyor, salary of, p. 682, § 4242, subd. 12. Tax collector, deputies and assistants, number, appointment and salnrifs, p. 680, § 4242, subd. 6. Tax collector, .salary of, p. 680, § 4242, subd. 6. Township officers in, what officers are, p. 082, § 42-12, .liiibd. iri. Treasurer, deputy, ai)pi)intment and salary, p. 680, § 42-12, Kubd. 5. Treasurer, fees and connnissions to be paid into treasury, p. G80, § 4242, subd. 5. Treasurer, salary of, p. 680, § 4242, subd. 5. ROADS. See Highways. 2540 INDEX. BULES. See Railroad Commissioners. Board of control, of. See Board of Control. RULES OF COURT. Allowances to officers for services cannot be given by, p. 8, § 129. Courts of record may make for their government and government of officers, p. 8, § 129. Taxes, charges or penalties cannot be imposed by, p. 8, § 129. To be spread upon record, printed and filed with clerk of court, p. 8, § 130. Superior court, time of taking effect, p. 8, § 130. Supreme court, time of taking effect, p. 8, § 130. EURAL CEMETERY DISTRICTS. Lands of exempt from execution, p. 1020, Act 549. RURAL CREDITS. Commission to investigate European system of and to report, creation of, p. 845, Act 78c. s SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT. Provisions relating to, p. 1867, Act 3035. SACRAMENTO CITY. Armory and arsenal site for national guard in, p. 1598, Act 2433a. Charter of, p. 1893, Act 3039. State Agricultural Park at. See State Agricultural Society. State capitol. See Capitol. State Fair ground. See State Fair. SACRAMENTO COUNTY. Assessor, commissions for collecting poll or personal property taxes, not allowed to, p. 645, § 4235, subd. 8. Assessor, deputies and assistants, number, enumeration, appointment and sal- aries, p. 645, § 4235, subd. 8. Assessor, salary of, p. 645, § 4235, subd. 8. Auditor and recorder separated and not to be consolidated, p. 650, § 4235, subd. 17. Auditor, assistants and clerks, appointment, number and salary, p. 643, § 4235, subd. 4. Auditor, report as to additional assistants, p. 643, § 4235, subd. 4. Auditor, salary of, p. 643, § 4235, subd. 4. Board of education, compensation and mileage and how claims presented, audited and paid, p. 647, § 4235, subd. 12. Classification of, p. 567, § 4006. Constables, offices for, p. 650, § 4235, subd. 20. Constables, salaries, compensation, fees and mileage, p. 649, § 4235, subd. 15. Conveyance of certain property to by state to perfect title, p. 1893, Act 3082. Coroner, deputy and stenographer, appointment, powers, duties and salary of, p. 645, § 4235, subd. 10. Coroner, fees of, p. 645, § 4235, subd. 10. Coroner, powers and duties of, p. 645, § 4235, subd. 10. INDEX. 2541 SACRAMENTO COUNTY (Continued). County analyst, appointment, qualifications, duties and salary, p. 650, § 4235, subd. 19. County clerk, deputies and clerks, number, appointment, enumeration of and salaries, p. 642, § 4235, subd. 1. County clerk, salary of, p. 642, § 4235, subd. 1. County detective, appointment, duties and salary, p. 645. § 4235, subd. 9. District attorney, deputies and clerks, number, appointment and salaries, p. 645, § 4235, subd. 9. District attorney, expenses of, allowance of, p. 645, § 4235, subd. 9. District attorney, salary of, p. 645, § 4235, subd. 9. Fish and game warden, salary and e.xpenses and how paid, p. 594, § 4149d. Jurors, fees and mileage, p. 650, § 4235, subd. 18. Justices, fees, payment into treasury, p. 648, § 4235, subd. 14. Justices, offices for, p. 650, § 4235, subd. 20. Justices, population, for fixing compensation, how determined, p. 648, § 4235, subd. 14. Justices, salaries and fees of, p. 648, § 4235, subd. 14. License collector, fees to be paid to treasury, p. 645, § 4235, subd. 7. License collector, salary and expenses, p. 645, § 4235, subd. 7. Population of, p. 565, § 4005c. Recorder and auditor separated and not to be consolidated, p. 650, § 4235, subd. 17. Recorder, deputies, assistants and clerks, number, appointment and salaries, p. 643, § 4235, subd. 3. Recorder, salary of, p. 643, § 4235, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 595, 601, § 4149e. SheriiT, deputies and assistants, number, enumeration of, appointment and salaries, p. 642, § 4235, subd. 2. Sheriff, salary, expenses, fees, commissions and allowances of, p. 642, § 4235, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 647, § 4235, subd. 12. Superintendent of schools, salary and expenses of, p. 647, § 4235, subd. 12. Supervisors, salaries and mileage of, p. 650, § 4235, subd. 16. Surveyor, compensation, where required to make assessor's map or block-books, p. 647, § 4235, subd. 13. Surveyor, salary and expenses, p. 647, § 4235, subd. 13. Tax collector, deputy and assistants, number, appointment and salaries, p. 644, § 4235, subd. 6. Tax collector, salary of, p. 644, § 4235, subd. 6. Treasurer, commissions of, p. 644, § 4235, subd. 5. Treasurer, deputy, appointment and salary, p. 644, § 4235, subd. 5, Treasurer, salary, p. 644, § 4235, subd. 5. SACRAMENTO DRAINAGE DISTRICT. Repeal of act creating, p. 1083, Act 979. SACRAMENTO PERCH. See Game T>aws. SACRAMENTO RIVER. Accomplishment of work for iinprovcment of navigation, appropriation for. ]). 1975, Act 3818. 2542 INDEX. SACRAMENTO RIVER (Continued). Appropriation for rectifying channel of, p. 1974, Act 3815a. Expenditure of money to improve navigation, act to enable, p. 1973, Act 3816a. Owners of land authorized to sue state for injuries from "Newtown ietties" in, p. 1965, Act 3798a. Reclamation of lands along, provisions relating to, p. 1867, Act 3035 Rectifying channel of, p. 2332, Act 4368b. SAGE-HEN. See Game Laws. SAILORS. See Soldiers and Sailors. SALARIES. See Offices and Officers. Assignment of, provision relating to, p. 152, § 955. Attorney general, clerks, reporters and stenographers of, p. 302, § 475. Attorney general, deputies of, p. 302, § 472. Banks, employees of superintendent of banks, p. 913, Act 297, § 121. Banks, superintendent of, p. 913, Act 297, § 120. Board of control, appointees of, p. 325, § 655. Board of control, of members of, p. 325. § 655. Building and loan commissioner, p. 972, Act 428. Bureau of labor statistics, salary of commissioner of and of his deputies and assistants, p. 1383, Act 1828. California Redwood Park, of warden of, p. 1006, Act 511. Claims for exempt from provisions relating to allowance of claims, p. 329, § 674. Controller, o'f appointees of, p. 298, § 440. County horticultural commissioner, of, p. 493, § 2322 ; p. 496, § 2322d. County horticultural commissioner, of inspectors or deputies, p. 496, § 2322d. County officers, of, to be in full compensation for services, p. 815, | 4290. Department of accounting, of officers of, p. 333, § 686. Department of engineering, of officers and assistants, p. 1973, Act 3812, § 17. Deputy superintendent of schools, of, p. 402, § 1550. Deputies, what paid out of salaries of principals, p. 815, § 4290. District courts of appeal, of officers of, p. 337, § 758. Election commissioners of San Francisco, of, p. 342, § 1077. Election commissioners of San Francisco, of secretary of, p. 342, § 1077. Fish and game wardens, of, p. 594, | 4149d. Industrial accident board, of members of, p. 1417, Act 2144a, § 3. Industrial accident commission, of officers and employees of, p. 1419, Act 2144a, § 8. Justices' clerks in cities of the second class, of, p. 5, § 102b. Justices of the peace of cities of certain classes, of, p. 6, § 103. Justices of the peace in cities of the second class, of, p. 5, § 102b. Officers, of. See Offices and Officers. Particular officer. See particular title. Probation officers, of, p. 1368, Act 1770, § 14a et seq. Railroad commissioners, of. See Public Utilities, II. Railroad commissioners, officers and employees of, p. 1739, Act 2886, § 10a. Railroad commissioners, of, p. 1739, Act 2886, § 10a. '; j.':^IT O^ Salary fund, fees collected set apart as, p. 820, § 4305. School trustees, of clerk of, p. 406, § 1576a. Secretary of state, of, p. 295, § 415. INDEX. 2543 SALARIES (Continued). Secretary of state, of appointees of, p. 294, §§ 413, 414. See, also, p. 295, §§ 417-426. Sheep inspectors, of, p. 2261, Act 4295. State board of health, assistant secretary of, p. 511, § 2982. State board of health, of secretary of, p. 511, § 2982. State capitol, of appointees of superintendent, p. 335, § 718; p. 336, § 719. State capitol, superintendent of, of, p. 334, § 716. State horticultural commissioners, deputies and assistants of, enumerated, p. 488, § 2319. State horticultural commissioner, of, p. 488, § 2319. Superior judges, of, p. 336, § 737. Superior judge of Kern county, of, p. 1382, Act 1794. Supreme court, officers of, p. 336, § 739. Surveyor general, appointees of, p. 303, § 485. Sutter's Fort, gardener for, p. 2128, Act 4018. Treasurer, state, deputies and assistants of, p. 301, § 456. SALES. See Adulteration. False weights and measures, use of in, prevention of and punishment for, p. 2344, Act 4384. Labels on furniture stuffed with shoddy, duty of labor commissioner, p. 1403, Act 2062. Mislabeled or misbranded foods, drugs, insecticides, fungicides, etc., prevention of, p. 824, Act 29; p. 827, Act 48. Misrepresentation of kind of labor employed in producing goods, punishment of, p. 124, § 349a. Net container bill, p. 1601, Act 2453. Provision for indicating net quantity of foodstuffs prepared for food when sold in containers, p. 1601, Act 2453. Unfair competition. See Unfair Competition. SALINAS CITY. Charter of, p. 1895, Act 3088. SALMON. See Game Laws. SAN BENITO COUNTY. Assessor, commissions paid into treasury for benefit of salary fund, p. 787, § 4272, subd. 7. Assessor, deputies, number, appointment and salaries, p. 787, § 4272, subd. 7. Assessor, salary of, p. 787, § 4272, subd. 7. Auditor, salary of, p. 787, § 4272, subd. 4. Board of education, salaries and mileage, p. 789, §4272, subd. 16. Board of education, secretary, salary and e.xpenses oi, p. 789, § 4272, subd. 16. Classification of, p. 5G9, § 4006. Constables, population, how ascertained for purpose of fl.xing salaries of, p. 789, § 4272, subd. 17. Constables, salaries, fees and expenses of, p. 789, § 4272, subd. 14. Coroner, fees of, p. 788, § 4272, subd. 9. County clerk, deputy, appointment and salary of, p. 786, § 4272, subd. 1. County clerk, salary and fees of, p. 786, § 4272, subd. 1. District attorney, salary of, p. 788, § 4272, subd. 8. 2544 INDEX. SAJJ BENITO COUNTY (Continued). Fish and game -warden, salary and expenses and how paid, p. 594, 5 4'l49d. Justice.s, population, how ascertained for purpose of fixing salaries, p. 789, § 4272, subd. 17. Justices, saiariep and fees of, p. 788, § 4272, subd. 13. Populafion of, p. 566, § 4005c. Public administrator, fees of, p. 788, § 4272, subd. 10. Recorder, copyists, appointment and salary of, p. 787, § 4272, subd. 3. Recorder, salary of, p. 787, § 4272, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 599, 601, § 4149e. Sheriff, salary, fees, commissions and mileage, p. 787, § 4272, subd, 2. Superintendent of schools, expenses of, p. 788, § 4272, subd. 11. Superintendent of schools, salary of, p. 788, § 4272, subd. 11. Supervisors, salary and mileage, p. 788, § 4272, subd. 15. Survejror, fees of, p. 788, § 4272, subd. 12. Tax collector, salary of, p. 787, § 4272, subd. 6. Treasurer, salary of, p. 787, § 4272, subd. 5. SAN BERNARDINO CITY. Charter of, p. 1895, Act 3088. SAN BERNARDINO COUNTY. Assessor, deputy, appointment and salary, p. 658. § 4237, subd. 7. Assessor, salary and percentages, p. 658, § 4237, subd. 7. Auditor, deputy and clerks, appointment, number and salaries, p. 657, § 4237, subd. 4. Auditor, duties of, p. 657, § 4237, subd. 4. Auditor, salary of, p. 657, § 4237, subd. 4. Board of education, claims of, how presented, audited and paid, p. 659, § 4237, subd. 12. Board of education, compensation and mileage, p. 659, § 4237, subd. 12. Board of education, secretary of, salary of, p. 659, § 4237, subd. 12. Charter of, p. 1895, Act 3110. Classification of, p. 567, § 4006. Constables, salaries and fees of, p. 660, § 4237, subd. 15. Coroner, fees of, p. 658, § 4237, subd. 9. County clerk, deputies, appointment and salaries, p. 657, § 4237, subd. 1. County clerk, salary, fees and allowances, p. 657, § 4237, subd. 1. District attorney, deputies, appointment, number, qualifications and salaries, p. 658, § 4237, subd. 8. District attorney, salary of, p. 658, § 4237, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Jurors, grand, compensation and mileage, p. 660, § 4237, subd. 17. Jurors, trial, compensation and mileage of, p. 660. § 4237, subd. 17. Justices, salaries and fees of, p. 659, § 4237, subd. 14. Population of, p. 565, § 4005c. Population of townships in, how determined, p. 660. § 4237, subd. 18. Public administrator, fees of, p. 659, § 4237, subd. 10. Recorder, deputy, appointment and salary, p. 657. § 4237, subd. 3. Recorder, salary of, p. 657, § 4237, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 595, 601, § 4149e. INDEX. 2545 SAN BEENAEDINO COUNTY (Continued). Sheriff, deputies and assistants, number, enumeration, appointment and salaries, p. 657, § 4237, subd. 2. Sheriff, salary, fees, commissions and mileage, p. 657, § 4237, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 659> § 4237, subd. 11. Superintendent of schools, office hours of, p. 659, § 4237, subd. H. Superintendent of schools, salary of, p. 659, § 4237, subd. 11. Supervisors, salaries and expenses of, p. 660, § 4237, subd. 16. Surveyor, deputies and assistants, number, appointment and salaries, p. 659, § 4237, subd. 13. Surveyor, salary and expenses, of, p. 659, § 4237, subd. 13. Tax collector, deputies and assistants, appointment, number and salaries, p. 658, § 4237, subd. 6. Tax collector, salary of, p. 658, § 4237, subd. 6. Tax collector to receive no fees or commissions for collection of taxes, p. 658, § 4237, subd. 6. Treasurer, deputy, appointment and salary, p. 658, § 4237, subd. 5. Treasurer, salary of, p. 658, § 4237, subd. 5. SAN BUENAVENTURA. Highway between Bakersfield and San Buenaventura declared to be, p. 1230, Act 1457h. SAN DIEGO CITY. See Panama-California Exposition; San Diego Harbor. Armory and wharf at, purchase of by state, p. 1902, Act 3158b. Armory building and wharf in San Diego bay, purchase of by state, p. 1599, Act 2433b. Charter of and amendments to, p. 1896, Act 3145. Exposition at. See Expositions. Grant of tide lands to by state, p. 1899, Act 3158a. Normal school at. See Schools. SAN DIEGO COUNTY. Additional assistance to incumbent where work not brought down to date by predecessor, p. 656, § 4236, subd. 17. Assessor, deputies and clerks, number, enumeration of, appointment and sal- aries, p. 653, § 4236, subd. 7. Assessor, salary of, p. 653, § 4236, subd. 7. Assessor, tcJ receive no commissions or compensation outside of salary, p. 653, § 4236, subd. 7. Auditor, deputies, number, appointment and salaries, p. 652, § 4236, subd. 4. Auditor, salary of, p. 652, § 4236, subd. 4. Board of education, secretary to receive no compensation, p. 654, 5 4236, subd. 9. Classification of, p. 567, § 4006. Clerks, copyists and employees, time and manner of payment of, p. 656, § 4236, subd. 17. Constables, offices and furniture for, p. 655, §4236, subd. IS. Constables, salaries, fees, expenses and allowances, p. 655, § 4236, subd. 13. Coroner, assistants of and salariss and fees of, p. 655, § 4236, subd. 11. Coroner, salary and expenseii of, p. 655, § 423C, subd. 11. 160 2546 INDEX. SAN DIEGO COUNTY (Continued). County clerk, deputies, clerl£S and assistants, number, appointment and sal- aries, p. 650, § 4236, subd. 1. County clerlf, salary of, p. 650, § 4236, subd. 1. Deputies, time and manner of payment of salary, p. 656, § 4236, subd. 17. District attorney, deputies and stenographer, number, appointment and salaries, p. 654, § 4236, subd. 8. District attorney, salary of, p. 654, § 4236, subd. 8. Fish and game warden, salary ancl expenses and how paid, p. 594, § 4149d. Justices, offices and furniture, p. 655, § 4236, subd. 14. Justices, salaries and fees of, p. 655, § 4236, subd. 14. License collector, salary of, p. 653, § 4236, subd. 7. Poll taxes and road poll taxes, commissions for collecting to be allowed county on settlement with state, p. 653, § 4236, subd. 7. Population of, p. 565, § 4005c. Public administrator, fees of, p. 655, § 4236, subd. 10. Recorder, deputies and assistants, number, appointment and salaries, p. 652, § 4236, subd. 3. Recorder, salary of, p. 652, § 4236, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 595, 601, § 4149e. Sheriff, deputies, clerks, and assistants, nuinber, enumeration, appointment, and salaries, p. 651, § 4236, subd. 2. Sheriff, payment of fees into county treasury, p. 651, § 4236, subd. 2. Sheriff, salary, allowances and expenses of, p. 651, § 4236, subd. 2. Superintendent of schools, deputy and bookkeeper, appointment and salary, p. 654, § 4236, subd. 9. Superintendent of schools, salary of, p. 654, § 4236, subd. 9. Superior judges, increase in number of, p. 1902, Act 3172a: p. 1903, Act 3173. Supervisors, salary and mileage as, p. 656, § 4236, subd. 15. Supervisors, salary and mileage for acting as road overseer, p. 656, § 4236, subd. 15. Surveyor, deputy and assistants, number, enumeration, appointment and sal- aries, p. 655, § 4236, subd. 12. Surveyor, salary of, p. 655, § 4236, subd. 12. Tax collector, deputies, clerks and assistants, appointment, number and salaries, p. 653, § 4236, subd. 6. Tax collector, salary and fees, p. 653, § 4236, subd. 6. Treasurer, deputy, salary of, p. 653, § 4236, subd. 5. Treasurer, fees to be paid to county treasury, p. 653, § 4236, subd. 5. Treasurer, salary of, p. 653, § 4236, subd. 5. Treasurer, to receive no compensation for services in connection with inheritance tax, p. 653, § 4236, subd. 5. SAN DIEGO HARBOR. Pilot commissioners for, creation of board of, p. 1896, Act 3158. Pilot commissioners for, duty and compensation, p. 1896, Act 3158. Pilots for, law governing, p. 1896, Act 3158. Purchase by state of armory building and wharf on San Diego bay, p. 1902. Act 3158b. SAN FRANCISCO. Armory for national guard at, appropriation for partial completion and fur- nishing, p. 1598, Act 2431b. , INDEX. 2547 SAN FBANCISCO (Continued). Assessor, commissions for collection of personal property or poll taxes not allowed to, p. 815, § 4290. Assessor, no compensation allowed to for making out military-roll, p. 815, § 4290. Assessor to receive no commissions or allowances in, p. 816, § 4290. Authorized to construct railroad on lands of harbor commission, p. 1904, Act 3347. Bonds for improvement of harbor of, submission of question of to people, p. 1206, Act 1436a. Charter of and amendments of, p. 1903, Act 3177. Classification of, p. 566, § 4006. Consent of city attorney to cancellation of erroneous assessment or sale of property for 'taxes, p. 558, § 3804a. Election commissioners of, chairman of, p. 340, § 1075. Election commissioners of, deputies and clerks, appointment, qualifications, salaries and powers of, p. 342, § 1077. Election commissioners, expenditures, control and supervision over, p. 343, § 1079. Election commissioners of, expenditures, duty and discretion as to calling for bids, p. 343. § 1079. Election commissioners of, ineligibility to other office, p. 340, § 1075. Election commissioners of, number of, qualifications and appointment, p. 340, § 1075. Election commissioners of, oaths of, p. 342, § 1077. Election commissioners of, protest against appointment for want of political affiliations and proceedings on, p. 340, § 1075. Election commissioners of, salaries of, p. 342, § 1077. Election commissioners of, secretary, appointment, term of office and salary, p. 342, § 1077. Election commissioners of, secretary, disobedience of statute, removal of and filling of vacancy, p. 342, § 1077. Election commissioners of, secretary of, ineligible to be candidate for conven- tion or for an office, p. 342, § 1077. Election commissioners of, secretary of, not to engage in other calling, p. 342, § 1077. Election commissioners of, secretary of, oath of, p. 342, § 1077. Election commissioners of, secretary of, powers and duties of, p. 342, § 1078. Election commissioners of, term of office of, p. 340, § 1075. Election commissioners of, two to Vje selected for political affiliations from parties casting highest votes, p. 340, § 1075. Election commissioners of, vacancy, filling of, qualifications and term of office of appointee, p. 342, § 1077. Elections, generally. See Elections. Elections, oalh, false, is perjury, p. 342, § 1077. Elections, oaths, what officers may administer, p. 342, § 1077. Erroneous tax assessment, conse.it of city attorney to cuntellntinn of, or of certificate or deed, p. 558, § 3804a. Exchange of lands belonging to stale for lands belonging to city authorized, p. 1905, Act 3348a. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Harbor commissioners for. See Harbor CommiRsioners. Harbor commission for, creation of, powers, duties, etc., p. 1212, Act 1439. 2548 INDEX. SAN FEANCISCO (Continued). License collector, no commissions for collecting licenses allowed to, p. 815, S 4290. Notaries, number of that may be appointed in, p. 338, § 791. Officers, salaries and fees of, p. 615, § 4231. Part of expense of maintaining fire boats to be borne by state, p. 1905, Act 3348. Police, rules governing officers, trial of, penalties and right of appeal, p. 1670, Act 2737. Population of, p. 565, § 4005c. Port wardens for, number and appointment of, p. 499, § 2501. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 595, 601, § 41496. Salaries of officers of, p. 615, § 4231. State building in, construction, erection, equipment and furbishing of, p. 1704, Act 2822b. State building in, provisional repeal of act providing for, p. 1698, Act 2819. State building in, submission of issuance of bonds for to people, p. ,1699, Act 2822a. Superior court, any one or more of judges may hold court, p. 2, § 67. Superior court, four additional judges, appointment, term of office and salaries, p. 2, § 67. Superior court of, number of 'judges, p. 2, § 67. Superior court of, number of sessions of, p. 2, § 67. Superior court of, presiding judge, election and removal of, p. 2, § 67. Superior court, presiding judge, duties of, p. 2, § 67. Superior court, proceedings of one session as effective as if all judges presided, p. 2, § 67. SANITARY DISTRICTS. Amendment of act of 1891 relating to, p. 1906, Act 3349. SANITATION. See Public Health. SANITY. See Insane Persons. SAN JOAQUIN COUNTY. Assessor, deputies and assistants and salaries of, p. 663, § 4238, subd. 17. Assessor, salary and expenses of, p. 661, § 4238, subd. 7. Auditor, deputies and assistants, p. 663, § 4238, subd. 17. Auditor, salary of, p. 661, § 4238, subd. 4. Bonds of officers of to be executed by bonding company, p. 663, § 4238, subd. 16. Bonds of officers, premium for a county charge, p. 663, § 4238, subd. 16. Classification of, p. 567, § 4006. Constables, salaries, fees, mileage and allowances of, p. 662, § 4238, subd. 14. Coroner, fees of, p. 661, § 4238, subd. 9. Coroner, one deputy for, to be paid from coroner's fees, p. 663, § 4238. subd. 17. County clerk, deputies of, number, appointment and salaries, p. 663, § 4238, subd. 17. County clerk, salary, allowances and fees, p. 661, | 4238, subd. 1. District attorney, assistanl and deputy and stenographer, salaries of, p. 663, § 4238, subd. 17. INDEX. 2549 SAN JOAQTHN COUNTY (Continued). District attorney, salary of, p. 661, § 4238, subd. 8. Fees, commissions, mileage, etc., except as otherwise provided to be paid into county treasury, p. 665, § 4238. subd. 18. Fish and game, salary and expenses and how paid, p. 594, § 4149d. Jurors, grand, compensation and mileage of, p. 665, § 4238, subd. 19. Jurors, trial, compensation and mileage of, p. 665, § 4288, subd. 19. Justices, clerk, appointment, term of office, duties, compensation and bond, p. 661, § 4238, subd. 13. Justices, salaries and fees of, p. 661, § 4238, subd. 13. Population of, p. 565, § 4005c. Public administrator, fees of, p. 661, § 4238, subd. 10. Recorder, deputies and assistants, number, appointment and salaries, p. 664, § 4238, subd. 17. Recorder, salary of, p. 661, § 4238, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 595, 601, § 4149e. Salaries, fees, mileage and commissions to be in full for official services, p. 665, § 4238, subd. 18. Salaries not to be paid until fees, commissions, etc., paid into treasury p. 663, § 4238, subd. 18. Sheriff, deputies and assistants, appointment, number, enumeration and sal- aries, p. 663, § 4238, subd. 17. Sheriff, salary and expenses of, p. 661, § 4238, subd. 2. Superintendent of schools, salary and traveling expenses of, p. 661, § 4238, subd. 11. Supervisors, salaries, expenses and mileage, p. 663, § 4238, subd. 15. Surveyor, deputy and salary of, p. 663, § 4238, subd. 17. Surveyor, salary and expenses of, p. 661, § 4238, subd. 12. Tax collector, salary of, p. 661, § 4238, subd. 6. Tax collector, to pay his own traveling expenses, p. 661, § 4238, subd. 6. Treasurer, deputies and salaries of, p. 663, § 4238, subd. 17. Treasurer, salary of, p. 661, § 4238, subd. 5. SAN JOAQUIN DRAINAGE DISTRICT. See Sacramento and San Joaquin Drainage District. SAN JOAQUIN RIVER. Accomplishment of work of direct improvement of, appropriation for, p. 1975, Act 3818. Acquisition by state of rights of way for rectification and improvement of, p. 1913, Act 3372. Appropriation for rectifying channel of, p. 1974, Act' 3815a. Expenditure of money to improve navigation, act to enable, p. 1975, Act 381Ga. Reclamation of lands along, provisions as to, p. 1867, Act 3035. Rectifying channel of, p. 2332, Act 4.'5f,8b. SAN JOSE. Harbor commission, creation, apiioiii'nient, powers, duliis, etc., p. Ij IJ, Acl. 1439. SAN LUIS OBISPO CITY. Ch.Trter ami ameinlmentg, p. 1914, Act 3417. 2550 INDEX. SAN LtnS OBISPO COUNTY. Assessor, deputy, salary of, p. 740, § 4256, subd. 7. Assessor, salary of, p. 740, § 4256, subd. 7. Auditor, deputy, appointment and salary of, p. 740, § 4256, subd. 4. Auditor, salary of, p. 740, § 4256, subd. 4. Classification of, p. 568, § 4006. Constables, fees of, p. 741, § 4256, subd. 14. Coroner, fees of, p. 740, § 4256, subd. 9. County clerk, deputies, number, appointment, salaries and allowances, p. 739, § 4256, subd. 1. County clerk, salary of, p. 739, § 4256, subd. 1. District attorney, deputy and clerk, appointment and salary, p. 740, § 4256, subd. 8. District attorney, salary of, p. 740, § 4256, subd. 8. Fish and game warden, salary and expenses of and h»w paid, p. 594, § 4i49d. Jurors, grand, compensation and mileage, p. 742, § 4256, subd. 16. Jurors, trial, compensation and mileage, p. 742, § 4256, subd. 16. Justices, salaries and offices, p. 741, § 4256, subd. 13. Justices, supervisors to furnish codes and amendments to, p. 741, § 4256 subd. 13. Population of, p. 566, § 4005c. Public administrator, fees of, p. 740, § 4256, subd. 10. Recorder, salary and allowances of, p. 740, § 4256, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 598, 601, § 4149e. Sheriff, salary of, p. 740, § 4256, subd. 2. Superintendent of schools, deputy, salary of, p. 741, § 4256, subd. 11. Superintendent of schools, salary and expenses of, p. 741, § 4256, subd. 11. Supervisors, salaries, e.xpenses and mileage, p. 741, § 4256, subd. 15. Supervisors, salary and expenses as road overseer, p. 741, § 4256, subd. 15. Surveyor, assistant, appointment and salary, p. 741, § 4256, subd. 12. Surveyor, salary, expenses and allowances of, p. 741, § 4256, subd. 12. Tax collector, deputy, salary of, p. 740, § 4256, subd. 6. Tax collector, salary of, p. 740. § 4256, subd. 6. Treasurer, salary of, p. 740, § 4256, subd. 5. SAN MATEO COUNTY. Assessor, draftsman, appointment and salary, p. 712, § 4249, subd. 7. Assessor, salary of, p. 712, § 4249, subd. 7. Auditor, deputy and copyist, appointment and salaries, p. 7t2, § 4249, subd. 4. Auditor, salary of, p. 712, § 4249, subd. 4. Auditor to withhold justice's warrant until statement filed by, p. 715, § 4249, subd. 19. Board of education, members, compensation and mileage, p. 714, § 4249, subd. 15. Board of education, secretary, compensation of, p. 714, § 4249, subd. 15. Classification of, p. 568, § 4006. Constables, salaries, e.xpenses and fees of, p. 713, § 4249, subd. 14. Coroner, fees of, p. 713, § 4249, subd. 9. County clerk, deputy, appointment and salary, p. 711, § 4249, subd. 1. County clerk, salary, fees and allo\*ances, p. 711, § 4249, subd. 1. District attorney, salary of, p. 713, § 4249, subd. 8. INDEX. 2551 SAN MATEO COUNTY (Continued). f^ish and game warden, salary and expenses and how paid, p. 594, § 4149d. Grand jury, comments of in report when not privileged, p. 714, § 4249, subd. 18. Grand jury, duties of, p. 714, § 4249, subd. 18. Grand jury, duty of judge to charge, p. 714, § 4249, subd. 18. Jurors, grand, compensation and mileage, p. 714, § 4249, subd. 17. Jurors, trial, compensation and mileage of, p. 714, § 4249, subd. 17. Justices, allowances, p. 715, § 4249, subd. 19. Justices, certain fees to be paid to -county treasury, p. 715, § 4249, subd. 19. Justices, salaries and fees of, p. 713, § 4249, subd. 13. Population of, p. 565, § 4005c. Public administrator, fees of, p. 713, § 4249, subd. 10. Recorder, deputies and copyists, appointment and salaries, p. 712, § 4249, subd. 3. Recorder, salary of, p. 712, § 4249, subd. 3. Registrar of voters, salary, fees, allowances, deputies, assistants, pp. 597, 601, § 4149e. Sheriff, salary and mileage of, p. 712, § 4249, subd. 2. Superintendent of schools, salary and expenses, p. 713, § 4249, subd. 11. Supervisors, expenses and mileage as road commissioner, p. 714, § 4249, subd. 16. Supervisors, salary and mileage, p. 714, § 4249, subd. 16. Surveyor, salary, expenses and allowances, p. 713, § 4249, subd. 12. Tax collector, clerk and indexer, appointment and salary, p. 712, § 4249, subd. 6. Tax collector, salary of, p. 712, § 4249, subd. 6. Treasurer, salary of, p. 712, § 4249, subd. 5. SAN PEDRO. Repeal of act providing for pilots for, p. 1663, Act 2672. SAN QUENTIN. State prison at. See Stale Prisons. SAN RAFAEL. Charter of, p. 1914, Act 3446. SANTA BARBARA CITY. Amrndmcnts of churter of, p. 1915, Act 3449. SANTA BARBARA COUNTY. AKSPSsor, deputies, apiiointment and salaries, p. 702, § 4246, subd. 7. Assessor, salary of, p. 702, § 4246, subd. 7. Auditor, deputy, appointment and salary, p. 702. § 4246, subd. 4. Auditor, extra help for, allowance of, p. 702, § 4246, subd. 4. Auditor, salary of, p. 702, § 4246, subd. 4. Classification of, p. 567, § 4006. Constables, population, how ascertained for purpose of determining salary of, p. 704, § 424 0, subd. 14. Constables, salaries, foes and expenses, p. 704, § 4246, subd. 14. Coroner, fees of, p. 703, § 4246, subd. 9. County clerk, deputies and clerk, appointment and salarirs, p. 701, S 4240, subd. 1. County clerk, salary and allowamis of, p. 701, § 4240, subd. 1. 2552 INDEX. SANTA BARBARA COUNTY (Continued). District attorney, deputies, appointment and salaries, p. 702, § 4246, subd. 8. District attorney, salary of, p. 702, § 4246, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Justices, population, how ascertained for purpose of determining salary, p. 703, § 4246, subd. 13. Justices, salaries and fees, p. 703, § 4246, subd. 13. Population of, p. 56.5, § 4005c. Public administrator, fees of, p. 703. § 4246, subd. 10. ■ Recorder, deputies, appointment and salaries, p. 701, § 4246, subd. 3. Recorder, salary of, p. 701, § 4246, subd. 3. Registrar of voters, salary, fees, allowances, deputies, and assistants, pp. 597, 601, § 4149e. Sheriff, Salary of, p. 701, § 4246, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 703, § 4246, subd. 11. Superintendent of schools, salary and expenses of, p. 703, § 4246, subd. 11. Supervisors, compensation as road commissioner, p. 704, § 4246, subd. 15. Supervisors, salaries and mileage, p. 704, § 4246, subd. 15. Surveyor, salary, expenses and allowances, p. 703, § 4246, subd. 12. Tax collector, deputy, appointment and salary, p. 702, § 4246, subd. 6. Tax collector, extra help, allowance of to, p. 702, § 4246, subd. 6. Tax collector, salary of, p. 702, § 4246, subd. 6. Treasurer, salary of, p. 702, § 4246, subd. 5. SANTA CATALINA ISLANDS. Fishing near. See Game Laws. SANTA CLARA COUNTY. Additional assistance to officers, supervisors may allow, p. 632, § 4233, subd. 14. Assessor, commissions for collections of poll or personal property taxes not allowed to, p. 630, § 4233, subd. 8. Assessor, deputies and assistants, number, appointment and salaries, p. 630, § 4233, subd. 8. Assessor, salary and expenses, p. 630, § 4233, subd. 8. Auditor, deputies, number, appointment and salaries, p. 629, § 4233, subd. 4. Auditor, what fees to be paid into county treasury, p. 629, § 4233, subd. 4. Auditor, salary of, p. 629, § 4233, subd. 4. Classification of, p. 567, § 4006. Constables, fees, when may retain and when to pay into treasury, p. 633, § 4233, subd. 15. Constables, population of townships, how ascertained, p. 633, § 4233, subd. 15. Constables, salaries and expenses of, p. 633, § 4233, subd. .15. Coroner, fees of, p. 631, § 4233, subd. 10. County clerk, deputies and clerks, number, appointment and salaries of, p. 627, § 4233, subd. 1. County clerk, salary and expenses of, p. 627, § 4233, subd. 1. County cjerk, to pay all fees received into county treasury, p. 627, § 4233, subd. 1. District attorney, deputies and clerks, number, appointment' and salaries, p. 630, § 4233, subd. 9. District attorney, fees and commissions to be paid into treasury, p. 630, § 4233, subd. 9. INDEX. 2553 SANTA CLARA COUNTY (Continued). District attorney, salary and expenses of, p. 631. § 4233, subd. 9. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d, p. 632, § 4233, siibd. 13. Jurors, grand, in, compensation and- fees and how paid, p. 63.5, § 4233. subd. 17. Jurors, trial, in, compensation and fees and how paid, p. 63.5, § 4233, s!ibd. 17. Justices, clerks of, appointment and salary, p. 632. § 4233, subd. 14. Justices, fees of, when may retain and when to be paid into treasury, p. 632, § 4233, subd. 14. Justices, number of, p. 632, § 4233, subd. 14. Justices, salaries of, p. 632, § 4233, subd. 14. License collector, commissions of, p. 630, § 4233, subd. 7. License collector, limit on commissions of, p. 630, § 4233, subd. 7. Population of, p. 565, § 4005c. Public administrator, fees of, p. 631, § 4233, subd. 10. Recorder, deputies, number, appointment and salaries, p. 629, § 4233, subd. 3. Recorder, fees to be paid into county treasury, p. 629, § 4233, subd. 3. Recorder, salary and e.xpenseg of, p. 629, § 4233, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 595, 601, § 4149e. Sheriff, deputies, number, appointment and salaries, p. 628, § 4233, subd. 2. Sheriff, fees and mileage to be paid into county treasury, p. 628, § 4233, subd. 2. Sheriff, salary and expenses of, p. 628, § 4233, subd. 2. Superintendent of schools, deputy, appointment and salary of, p. 631, § 4233, subd. 11. Superintendent of schools, salary and expenses of, p. 631, § 4233, subd. 11. Supervisors, compensation and mileage, p. 634, § 4233, subd. 16. Supervisors, salaries of, p. 634, § 4233, subd. 16. Surveyor, deputies, number, appointment and salaries of, p. 631, § 4233, subd. 12. Surveyor, fees to be paid to treasury, p. 631, § 4233, subd. 12. Surveyor, salary and expenses of, p. 631, § 4233, subd. 12. Tax collector, deputies and assistants, number, appointment and salaries, p. 629, § 4233, subd. 6. Tax collector, fees to be paid into treasury, p. G29, § 4233, subd. 6. Tax collector, salary and expenses of, p. 629, § 4233, subd. 6. Treasurer, deputy, appointment and salary of, p. 629, § 4233, subd. 5. Treasurer, fees and commissions, what to be paid to treasury and what may retain, p. 629, § 4233, subd. 5. Treasurer, salary of, p. 629, § 4233, subd. 5, SANTA CRUZ CITY. Charter of, p. 1915, Act 3507. SANTA CRUZ COUNTY. Assessor, deputy, draftsman and copyists, appointment and salaries, p. 710, § 4250, subd. 7. Assessor, salary and fees of, p. 716, § 4250, subd. 7. Auditor, salary of, p. 716, § 4250, subd. 4. Classification of, p. 568, § 4006. Constables, classification of townships for purpose of nxing s.nlnrifs. p. 717. § 4250, subd. 14. 2554 INDEX. SANTA CETJZ COUNTT (Continued). Constables, population, how ascertained for purpose of determining salary, p. 717, § 4250, subd. 14. Constables, salaries, e.xpenses and fees of, p. 718, § 4250, subd. 151/^. Coroner, fees of, p. 717, § 4250, subd. 9. County clerk, ^assisfants, appointment and salaries, p. 715, § 4250, subd. 1. County clerk, copyist and clerk, appointment and salary, p. 715, § 4250, subd. 1. County clerk, salary and allowances of, p. 715, § 4250, subd. 1. Court reporter, fees of, p. 718, § 4250, subd. 16. District attorney, deputy, appointment and salary of, p. 716, § 4250, subd. 8. District attorney, salary of, p. 716, § 4250, subd. 8. Fees, what to be paid into county treasury, p. 718, § 4250, subd. 17. Fish and game warden, salary and expenses of and how paid, p. 594, § 4149d. Jurors, per diem and mileage, provision as to repealed, p. 719, § 4250a. Justices, classification of townships for purpose of fixing salaries, p. 717, § 4250, subd. 14. Justices, offices for, p. 717, | 4250, subd. 15. Justices, population, how ascertained for purpose of fixing salary of, p. 717, § 4250, subd. 14. Justices, salaries and fees of, p. 717, § 4250, subd. 15. Justices, salaries when two justices qualify in one township, p. 717, § 4250, subd. 15. Population of, p. 565, § 4005c. Provision relating to county officers, when goes into effect, p. 719, § 4250, subd. 18. Public administrator, fees of, p. 717, § 4250, subd. 10. Recorder, salary and allowances of for recording, p. 716, § 4250, subd. 3. Recorder, statement showing expens^es for recording, p. 716, § 4250, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 597, 601, § 4149e. Salaries and fees of officers in full for all services, p. 718, § 4250, subd. 17. Shorthand reporter, fees of, p. 718, § 4250, subd. 16. Superintendent of schools, clerk, appointment and salary of, p. 717, § 4250, subd. 11. Superintendent of schools, salary and expenses, p. 717, § 4250, subd. 11. Supervisors, salaries and mileage, p. 717, § 4250, subd. 13. Surveyor, fees of, p. 717, § 4250, subd. 12. Tax collector, deputy, appointment and salary, p. 715, § 4250, subd. 6. Tax collector, salary of, p. 715, § 4250, subd. 6. Townships in, classification of, p. 717, § 4250, subd. 14. Townships, classification of for fixing salaries of constables and justices, p. 717, § 4250, subd. 14. Townships, population of, how determined, p. 717, § 4250, subd. 14. Treasurer, salary of, p. 716, § 4250, subd. 5. SANTA MONICA. Charter of, p. 1915, Act 3526. SARATOGA GAP. State highway from to California Redwood Park, survey and conslrudion of, p. 1006, Act 511a. INDEX. 2555 SATURDAYS. See Holidays. SAVINGS BANKS. See Banks and Banking. SCALES. See Weights and Measures. SCHEDULES. See Public Utilities, II. By common carriers, p. 1741, Act 2886, §§ 14, 14a. See Public Utilities, II. By public utilities other than common carriers, p. 1742, Act 2886, § 14b. Form of, changes in, p. 1742, Act 2886, § 14c. Joint, p. 1743, Act 2886, § 16. Rate, no business to be transacted until filed, p. 1743, Act 2886, § 17a. SCHOOL LANDS. See State Lands. SCHOOLS. Applicant for credentials, diploma or certificate to pay fee of two dollars, p. 388, § 1519, subd. fifth (d). Attendance, certificates of, duty of superintendent, p. 429, § 1696, subd. sixth. Binding, printing and other expenses, authority of superintendent as to, p. 401, § 1.548. Boards of education, city, fix salaries of all employees, p. 450, § 1793. Board of education of particular county. See particular county. Boards of examination, powers of, enumerated, p. 449, § 1791. Board of examination, report of results of examination, p. 449, § 1791. Bonds, election for, opening and closing of polls, p. 410, § 1597. Bonds, rate of interest, p. 454, § 1886. Bonds, sale of and disposition of proceeds, p. 454, § 1886. Bonds, validating, p. 454, § 1886. Bonds, validating proceedings for issuance of, p. 454, § 1886. Books, appropriation for publication and distribution of free text-books, p. 1922, Act 3564b. Books in hands of dealers, purchase of. p. 1921, Act 35fi4a. Books, report of books used to superintendent of public instruction, p. 414, § 1617, subd. sixteenth. Books sectarian to be excluded, p. 413, § 1617, subd. twelfth. Buildings, civic centers established at, p. 1937, Act 3586f. Buildings, free use of provided, p. 1937, Act 3586f. Buildings, granting use of for meelings, p. 411, § 1617, subd. fourth. California school for girls. See California School for Girls. Census marshals, repeal of provisions as to, p. 417, §§ 1624—1641. Certificates, duration of, p. 449, § 1791. Certificates, issuance of by board of education on report of board of exam- iners, p. 449, § 1791. Certificates, revocation of, grounds of, p. 449, §1791. Certificates special, applicants to show what, p. 449, §1701. Certificates, special, granted for what studies only, p. 449,5 1791. Certificate, temporary, but one to issue to same person in same county, p. 398, § 1543, subd. seventh. Certificates, temporary, duration of, p. 398, §1543, subd. seventh. Certificates, temporary, superintendent may issue, p. 398. § 1543, subd. 7. Certificates, what may be issued by board of exiimination, p. 449, § 1791. Change of location of schooihouses, p. 414, §1617, siilid. eighteenth. 2556 INDEX. SCHOOLS (Continued). City, annexed territory how regarded for election purposes, p. 406, § 1576. City, annexed territory regarded as part of city for what purposes, p. 406, § 1576. City, annexed territory, taxation of, p. 406, § 1576. City, annexing territory to for school purposes, p. 406, § 1576. City, every city except of sixth class a separate school district, p. 406, § 1576 City high school district, what deemed to be, p. 430, § 1721. City superintendents, employment, compensation and term of office, p. 412 § 1617, subd. seventh. City superintendents, deputy, employment, compensation and term of office, p. 412, § 1617, subd. seventh. Civic centers established at, p. 1937, Act 3586f. Classification of, p. 418, § 1663, subd. 1. Clerk, appointment by superintendent if trustees fail to elect, p. 417, § 1649 Clerk, election of by trustees^, p. 417, § 1649. Clerk, vacancy in office, appointment of trustee to act by superintendent p. 417, § 1649. Closing of schools, notice to teacher of, p. 429, § 1696, subd. second. Closing of schools, teacher to notify superintendent of, p. 429, § 1696, subd second. Commissioner of elementary schools, powers and duties of, p. 392, § 1520. Commissioner of industrial and vocational education, powers and duties of p. 392, § 1520. Commissioner of secondary schools, powers and duties of, p. 392, § 1520. Cosmopolitan, establishment of in cities of certain classes, p. 419, § 1665a. Cosmopolitan, languages taught in, p. 419, § 1665a. Cosmopolitan, rules and regulations governing, p. 419, § 1665a. Cosmopolitan schools, what are, p. 419, § 1665a. County high school districts, additional schools, establishing, p. 443, § 1749 County high school districts, bonds, issuance of, p. 443, § 1749. County high school district, building and lot, filing estimate with super visors, p. 445, § 1756. County high school districts, course of study, p. 444, § 1750. County high school districts, estimate, failure to file, superintendent to file p. 446, § 1756. County high school district, e.stimate of funds required for maintenance p. 446, § 1756. County high school district, formation of, p. 439, § 1738. County high school district included in term "high school district," p. 430 § 1721. County high school district, lot and building, failure to file estimate for, pro ceedings, p. 445, § 1755. County high school districts, post-graduate course, p. 444, § 1750. County high school districts, properly, how only disposed of, p. 440, § 1739 County high school districts, property taken in name of county, p. 440, § 1739 County high school districts, text-books, p. 444, § 1750. County high schools, transportation of pupils, p. 440, § 1741. County high school districts, trustees of, p. 440, § 1739. County school fund, amount of, how estimated, p. 450, § 1817. County school fund, apportionment of, p. 395, § 1543. County school fund, county sujjerintendent to estimate amount needed, p. 450 § 1817. INDEX. 2557 SCHOOLS (Continued). County school fund, tax rate for, limit upon, p. 450, § 1817. Courses of study, p. 418, § 1663, subds. 2 and 4. Course of study in high schools, p. 444, § 1750. Consolidation of high school districts, p. 434, § 1729. Contract, trustees in districts of not more than two teachers, right to be inter- ested in, p. 454, § 1876. Contract in which trustee or member of board of education interested is void, p. 454, § 1876. Contracts, trustees or members of board of education not to be interested in, p. 454, § 1876. Contracts, letting on bids, p. 415, § 1617, subd. twentieth. Demands against district, interest on, p. 400, § 1543a. Demands against district, monthly reports of interest, p. 400, § 1543a. . Demands against district, notice when money on hand to pay, p. 400, § 1543a. Demands against district, proceedings on failure of holder of order to pre- sent it, p. 400, § 1543a. Demands against district, procedure where not approved for want of funds, p. 400, § 1543a. Demand against district, requisition for not to be drawn unless money in fund, p. 400, § 1543a. Deputy superintendent, salary of, p. 402, § 1550. Diplomas on graduation, p. 418, § 1663, subd. 3. Districts-, admission to or exclusion from high school district', p. 436, § 1734. Districts, bonds of, validated, p. 1935, Act 3586d. Districts, bonds of, validation of and provision for levy of ta.xes to pay, p. 1924, Act 3584a. Districts, boundaries, change of, p. 407, § 1577. Districts, consolidated, bonds of validated and approved, p. 1915, Act 3537a; p. 1936, Act 3586e. Districts, consolidation of validated, p. 1915, Act 3537a; p. 1936, Act 3586e. Districts, in different counties, apportionment of funds, p. 408, § 1583. Districts in different counties, certificates of teachers, p. 408, § 1583. Districts, in different counties, reports of teachers, p. 408, § 1583. Districts in different counties, reports of trustees, p. 408. § 1583. Districts in different counties, textbooks and rules in cases of, p. 408, § 1583. Districts, joint, attendance of children, p. 407, § 1577. Districts, joint, formation of, p. 407, § 1577. Districts lapsed. See post, this subject. Districts, legality of, validated, p. 1935, Act 3586d. Districts, new, attendance of children, p. 407, § 1577. Districts, new, formation of, p. 407, § 1577. Districts, new, time of election of, p. 410, § 1593, subd. third. Districts, organization of confirmed and validated, p. 1914, Act 3537b. District partly within charter city, election on question of being governed by charter, p. 409, § 1584. District partly within charter city, government of, p. 409, § 1584. Districts, suspended. See post, this subject. Districts, transfer of funds on uniting with municipality or another district, p. 407, § 1577. Elections, opening and closing of polls, p. 410, § 1597. Election, trustees. See post, this section. 2558 INDEX. SCHOOLS (Continued). Employees, employment, compensation and term of office, p. 412, § 1617, subd. seventh (b). Funds, apportionment of, p. 452, § 1858. See post. School Funds, this title. Funds, controller to transfer to school fund thirteen dollars for each pupil in daily average attendance, p. 298, § 443. Funds, deficiency in, transfer of moneys to from other funds, p. 453, § 1858, subd. 6. Funds, district, requisitions, how drawn on, p. 397, § 1543, subd. third. Funds, district, requisitions on, authority and duty of auditor, p. 397, § 1543, subd. third. Funds, district, requisitions, register of, duty to keep, p. 398, § 1543, subd. fourth. Runds, district, requisitions, register of is open to public inspection, p. 398, § 1543, subd. fourth. Funds from sale of school lands, investment of, p. 331, § 680. Funds, how expended, p. 417, § 1622. Funds of, investment in bonds of irrigation district', p. 1344, Act 1732b. Funds, required for school purposes, duty of county superintendent to esti- mate, p. 450, § 1817. Fund required for school purposes, how computed, p. 450, § 1817. Funds, treasurer to transfer fund from general fund to school fund, p. 301, § 461. Grading, authority of superintendent, p. 399, § 1543, subd. 15. . High, admission to or exclusion of school district from, p. 436, § 1734. High, amount paid per pupil by state to district, how determined, p. 447, § 1758. High, building, lease of, p. 440, § 1741. High, building, location of, p. 440, § 1741. High, building, preference given to rooms in public school building for, p. 440, § 1741. High, course of study in, p. 444, § 1750. High, estimate of funds required for maintenance of schools, p. 446, § 1756. High, post-graduate course, p. 444, § 1750. High, post-graduate course, tuition for pupils residing out of district, p. 444, § 1750. High, pupils attending from other counties, fund for and apportionment of, p. 448, § 1759. High, pupils, cost of educating, how determined, p. 447, § 1758. High, pupils from other counties, duties of superintendent, p. 447, § 1758. High, pupils from cither districts, conditions of attendance, p. 448, § 1751. High, pupils not in any district, cost of education, how determined, p. 447, § 1758. High, pupils not in any district, fund for education of and apportionment of, p. 448, § 1759. High, pupils not residing in any district, tax for cost of educating, p. 447, § 1758; p. 448, § 1759. High, pupils not residing in any high school district, conditions of attend- ance, p. 445. § 1751. High, pupils not residing in county, tax for education of, and apportionment of fund, p. 448, § 1759. High, pupils residing outside of county, conditions of attendance, p. 445, § 1751. INDEX. 2559 SCHOOLS (Continued). High, pupils, who may attend, p. 445, § 1751. High school board, building and lot, filing estimate of cost with supervisors, p. 445, § 1755. High school board, building, lease of, p. 446, § 1756. High school board, estimate of funds required, failure to file, superintendent to file, p. 446, § 1756. High school boards, estimate of funds required for maintenance of schools, * p. 446, § 1756. High school boards, lease of school property, p. 440, § 1741. -High school board, lot and building, estimate of amount needed, failure to file, proceedings, p. 445, § 1755. High school boards, meetings of, p. 440, § 1740. High school boards, powers and duties of, generally, p. 440, § 1741. High school boards, power as to transportation of pupils, p. 440, § 1741. High school cadet companies. See Military Companies. High school district, admission or e.xclusion of districts, p. 436, § 1734. High school districts, bonds, issuance of, p. 441, § 1745; p. 442, § 1746. High school district, city, what deemed to be, p. 430, § 1721. High school districts, consolidation of, p. 434, § 1729. High school districts, disincorporation of, p. 438, § 1736. High school district, formation of, p. 431, § 1725. High school districts, petition, affidavit as to correctness of facts, p. 431, §§ 1722, 1725. High school districts, petition, who may sign, p. 431, § 1722. High school district, term includes what districts, p. 430, § 1721. High school districts, validation of and provision for levy of taxes, p. 1924, Act 3584a. High, state high school fund, amount, how estimated, p. 449, § 1760. High, state high school fund, creation of, p. 449, § 1760. High, state high school fund, estimate of amount necessary, duty of con- troller, p. 449, § 1760. High, state high school fund, transfer of moneys to, p. 449, § 1760. High school, tax for, limit upon, p. 446, § 1756. High schools, text-books, p. 444, § 1750. High, te.xf -books, adoption of and change of, p. 444, § 1750. High, textbooks, contract with publisher of, p. 444, § ]7o0. High, trustees, election of and terms of office, p. 435, § 1731. Holidays. See Holidays. Holidays, commemorative exercises on, p. 1, § 10; p. 103, § 7; p. 259, § 10. Holidays, power of school trustees or boards of education to declare, p. 1, § 10; p. 103, § 7: p. 259, § 10. Holidays, schools to be closed on what, p. 1, § 10; p. 103, § 7 ; p. 259, § 10. Holidays, schools to hold sessions on what holidays, p. 1. § 10; p. 103, § 7; p. 259, § 10. Holidays, trustees and boards of education may declare, p. 1, § 10; p. 103, § 7; p. 259, § 10. Holidays, trustees or directors may declare, p. 1, § 10; p. 103, § 7 ; p. 259, § 10. Holidays, what days are, p. 1, § 10; p. 103, § 7; p. 259. § 10. Indian children, contract with federal government for teaching, p. 399, 5 1543, subd. sixteenth. Indian children, money received for teaching, disposition of, p. 399,8 1543, subd. sixteenth. 2560 INDEX. SCHOOLS (Continued). Institutes, duty of county superintendent as to, p. 398, § 1543, snbd. sixth. Institutes, joint, expenses of, p. 403, § 1560. Institutes, joint, holding of, p. 403, § 1560. Institutes, teacliers, combining annual and local, p. 403, § 1560. Institute, teachers, convening during 1915 with educational department of in- ternational exposition, and attendance at, p. 403, § 1560. Institutes, teachers, duty to attend, p. 403, § 1560. Institutes, teachers, duty to hold, p. 403, § 1560. Institutes, teachers, expenses of, p. 403, § 1560; p. 404, § 1564. Institutes, teachers, length of, p. 404, § 1562. Institutes, teachers, local institutes, holding in lieu of, p. 403, § 1560. Institutes, teachers, superintendent failing to hold, punishment of, p. 403, § 1560. Institutes, teachers, teachers paid for time covered by attendance, p. 403, § 1560. Interest on demands against district, p. 400, § 1543a. Joint union high school districts, boards, meetings of, p. 440, § 1740. Joint union high school districts, consolidation of high school districts into, p. 434, § 1729. Joint union high school district, course of study, p. 444, § 1750. Joint union high school district, designation of, p. 430, § 1721. Joint union high school district, exclusion of school district from, p. 436, § 1734. Joint union high school districts, formation of, p. 433, § 1728. Joint union high school districts included in term "high school district," p. 430, § 1721. Joint union high school district, post-graduate course, p. 444, § 1750. Joint union high school districts, provision for transportation of pupils, p. 440, § 1741. Joint union high school, text-books, p. 444, § 1750. Joint union high school districts, trustees, election of and term of office, p. 435, § 1731. Joint union high school districts, what are, p. 430, § 1721. Joint union school districts, admission of new districts, p. 425, § 1674, subd. sixteenth (1). Joint union school districts, admission of part of district, p. 426, § 1674, subd. sixteenth (2). Joint union school district, attendance of five or less, lapse or suspension of district, p. 428, § 1674, subd. eighteenth. Joint' union school districts, boards of trustees, meetings of, p. 424, § 1674, subd. eleventh. Joint union school districts, boards of trustees, powers of, p. 424, § 1674, subd. tenth. Joint union school districts, buildings, erection or lease of, p. 423, § 1674, subd. sixth. Joint union school districts, change of location of schools, p. 423, § 1074, subd. ninth. Joint union school districts, course of study, p. 424, § 1674, suhd. twelfth. Joint union school district, dissolution of, p. 427, § 1674, subd. sevpnteejith. Joint union school districts, districts have separate existences for what pur- poses, p. 425, § 1674, subd. fifteenth (2). Joint union school district, election on petition for, p. 421, § 1674, subd. third. INDEX. 2561 SCHOOLS (Continued). Joint union school district, formation of, time of taking effect of, p. 422, § 1674, subd. fourth. Joint union school districts, funds, apportionment of, p. 425, § 1674, subd. fifteenth (2). Joint union school district, funds, transfer of, p. 425, § 1674, subd. fifteenth (1). Joint union school district, location of schools, p. 421, § 1674, subd. third. Joint union school district, name of, p. 421, § 1674, subd. third. Joint union school districts, reports of teachers and principals, p. 425, § 1674, subd. fifteenth (2). Joint union school districts, sale of property and disposition of proceeds, p. 422, § 1674, subd. fourth. Joint union school districts, supervising principal for several districts, p. 424, § 1674, subd. fourteenth. Joint union school districts, text-books, p. 424, § 1674, subd. twelfth. Joint union school districts, transportation of pupils, p. 424, § 1674, subd. thirteenth. Joint union school districts, trustees in, pp. 422, 42.3, § 1674, subds. fourth to seventh. Joint union school district, what is, p. 421, § 1674, subd. third. Joint union school district, withdrawal of district, p. 425, § 1674, subd. six- teenth (3). Kindergarten, age at which pupils admitted, p. 413, § 1617, subd. ninth. Kindergarten, discontinuance of, p. 416, § 1617c. Kindergarten, establishment of, p. 416, § 1617c. Kindergarten, estimate of fund necessary for and levy of tax, p. 416, § 1617c. Kindergarten fund, what constitutes and how drawn upon, p. 416, § 1617c. Languages, teaching of in schools, p. 419, § 1665a. Lapsed, attachment of territory to adjoining districts, p. 395, § 1543, subd. 2. Lapsed, disposition of property or funds where district declared, p. 396, § 1543, subd. 8. Lapsed, declaration that suspended district is lapsed, p. 396, § 1543, subd. 6. Lapsed, school when declared to be for want of attendance, p. 395, § 1543, subd. 2. Lapsed, winding up affairs of, p. 396, §1543, subd. 8. Lapsed. See Suspended Districts, post, this title. Librarians, appointment and compensation of, p. 413, § 1617, subd. eleventh. Libraries, fund in cities, apportionment of, p. 430, § 1714. Libraries, fund in cities not divided into districts, p. 430, § 1714. Libraries, government of, p. 413, § 1617, subd. eleventh. Libraries, public, establishment of, by union high school district.s, p. 1928, Act 3586c. Libraries, sectarian books to be excluded, p. 413, § 1617, subd. twelfth. Life diplomas, grades of, p. 387, § 1519, subd. fifth. Life diplomas, procedure to obtain, p. 388, § 1519. Life diplomas, revocation of, p. 388, § 1519, subd. fifth (e). Life diplomas, to whom only granted, p. 388, § 1519, subd. fifth (e). Life diplomas, valid throughout state, p. 387, § 1519, subd. fifth. Location of schoolhouse, change of, p. 414, § 1617, subd. 18. Meetings of electors, instructions of trustees at, p. 414, S 1617, subd. eighteenth. 161 2562 INDEX. SCHOOLS (Continued). Meetings of electors, purposes for which may be called, p. 414, § 1617, gnbd. eighteenth. Military duty, failure of head of educational •institution to report pupils sub- ject to a misdemeanor, p. 456, § 1898. Military duty, report of pupils subject to, p. 455, § 1897. Military-roll, compensation for making, p. 456, § 1901. Normal, Fresno, appropriation for construction and equipment of buildingg, p. 1921, Act 3558b. Normal school, Fresno, establishment of, p. 1920, Act 3558a. Normal, Humboldt county, establishment of, p. 1916, Act 3553a. Normal, instruction of blind pupils in, p. 1924, Act 3574b. Normal, Los Angeles, act of 1909 for dedication of certain lands of for street purposes repealed, p. 1401, Act 1991a. Normal, Los Angeles, appropriation for purchase of additional land, p. 1918, Act 3554b. Normal, Los Angeles, dedication of lands of to widen Vermont street, p. 1401, Act 1991. Normal, Log Angeles, sale of land of by trustees confirmed, p. 1919, Act 3554c. Normal school, Los Angeles, sale of site by trustees and purchase of new site, p. 1917, Act 3554a. Normal, teachers, revocation of diploma, power of and grounds for, p. 384, § 1489, subd. 13. Normal, trustees of, powers and duties of, enumerated, p. 383, § 1489. Normal, trustees, secretary, appointment and compensation, p. 383, § 1489. Notice by school districts to board of control and treasurer of bonds for sale, p. 330, § 678. Plans of schoolhouse, submission of to and authority as to, p. 399, § 1543, subd. eleventh. Principals, employment, compensation and term of office, p. 412, § 1617, subd. seventh. Principals, supervising, employment, compensation and term of office, p. 412, § 1617, subd. seventh. Principal, supervising, for several districts, appointment of, p. 424, § 1674, subd. fourteenth. Principals, when may be employed, p. 412, § 1617, subd. 7. Pupils, age of admission of children to schools, p. 413, § 1617, subd. ninth. Pupils, beginners, rules for admission to schools, p. 413, § 1617, subd. ninth. Pupils, blind, instruction of in University of California and Normal schools, p. 1924, Act 3574b. Pupils, children from other districts, p. 414, § 1617, subd. fourteenth. Pupils, compulsory attendance between certain years, p. 1923, Act 3574. Pupils from other districts, attendance of, p. 414, § 1617, subd. 14. Pupils, health of, attention to, p. 415, § 1617, subd. twenty-first. Pupils, register of and order of admission, p. 414, § 1617, subd. thirteenth. Pupils, suspending or expelling for misconduct, p. 413, § 1617, subd. eighth. Pupils, transportation of, p. 415, § 1617, subd. twenty-second. Rules and regulations, adoption and publication of, p. 386, § 1519, subd. first. Savings banks in, p. 865, Act 297, § 9. School fund, apportionment, abstract of to be furnished to what ofScers and boards, p. 393, § 1532, subd. fourth. School fund, how apportioned, p. 393, § 1532, subd. fourth. INDEX. 2563 SCHOOLS (Continued). School fund, superintendent of public instruction to apportion, p. 393, § 1532, subd. fourth. School lands. See State Lands. Seminaries of learning. See Seminaries of Learning. State board of education, appointment and term of office, p. 384, § 1517. State board of education, changes in membership, organization after, p. 385, § 1518. State board of education, compensation and allowances of members of, p. 391, § 1521. State board of education, consists of seven members, p. 384, § 1517. State board of education, creation of, p. 384, § 1517. State board of education, duties of, p. 385, § 1518. State board of education, majority necessary to validity of acts, p. 385, § 1518. State board of education, meeting of, p. 385, § 1518. State board of education, meeting and organization of, p. 385, § 1518. State board of education, members not to hold salaried educational positions, p. 384, § 1517. State board of education, powers and duties of, p. 386, § 1519. State board of education, power to appoint clerical help, p. 392, § 1521. State board of education, secretary of, p. 385, § 1518. State board of education, superintendent of public instruction, duties of, p. 385, § 1518. State board of education, superintendent of public instruction to be executive officer of, p. 385, § 1518. State board of education, superintendent of public instruction to be secretary of, p. 385, § 1518. State board of education, traveling expenses, provision as to repealed, p. 393, . § 1522. State board of education, vacancies, filling of and term of office of appointee, p. 385, § 1517. State school book fund, claims, how drawn on, p. 391, § 1519, subd. sixteenth. State school book fund, what claims subject, p. 391, § 1519, subd. sixteenth. State school book fund, what constitutes, p. 391, § 1519, subd. sixteenth. Superintendents, assistant, appointment, number, designation, and qualifica- tions, p. 386, § 1519, subd. fourth. Superintendents, assistant, not subject to civil service rules, p. 386, § 1519, subd. fourth. Superintendents, assistant, salaries and allowances of, p. 392, § l.'i21. Superintendent, binding, expressage and incidental expenses, allowance for and authority as to, p. 401, § 1548. Superintendent, city, salary of, p. 450, § 1793. Superintendent, city, term of office of, p. 450, § 1793. Superintendent, county, apportionment of school funds, p. 395, 5 l.')43; p. 452, § 1858. Superintendent, county, auditor to report amount of moneys on hand to, p. 395, § 1543. Superintendent, county, boundaries of school district, duty as to, p. 402, S 1551. Superintendents, county, certificates of attendance, duty as to, p. 429, S 1696, subd. sixth. 2564 INDEX. SCHOOLS (Continued). Superintendent, county, duties of, p. 400, §1543; p. 401, § 1548. Superintendent, county, estimate of school fund needed, duty to file, p. 450, § 1817. , Superintendent, county, fund required for school purposes, how computed, p. 450, § 1817. Superintendent, county, is county officer, p. 570, § 4013. Superintendent, county, powers and duties of, enumerated, p. 395, § 1543. Superintendent, county, report, annually, to superintendent of public instruc- tion, p. 402, § 1551. Superintendent, county, report of schools and teachers, p. 452, § 1858. Superintendent, deputy, salary of, p. 402, § 1550. Superintendent, duty to keep record of educational and life diplomas, p. 429, § 1696, subd. first. SuiJerintendent, of particular county. See particular county. Superintendent of public instruction. See ante. State Board of Education, this subject. Superintendent of public instruction, assistant, reports of, p. 386, § 1519, subd. fourth. Superintendent of public instruction, duties of enumerated, p. 385, §1518; p. 393, § 1532. Superintendent of public instruction, reports of, p. 386, § 1519, subd. fourth. Superintendent, traveling expenses of, p. 402, § 1552. Suspended district, apportionment of funds to, p. 396, § 1543, subd. 4. Suspended district, declaring it to be lapsed, p. 396, § 1543, subd. 6. Suspended district, electing trustees and taking census in, p. 396, § 1543. subd. 5. Suspended district, how regarded as to apportionment of funds when reopened, p. 396, § 1543, subd. 7. Suspended district, merger of in other districts, p. 396, § 1543, subd. 7. Suspended district, re-establishraent of, p. 396, § 1543, subd. 3. Suspended district, when declared lapsed, p. 396, § 1543, subd. 6. Suspending school district when daily average of attendance of five or less, p. 395, § 1543, subd. 2. Tax, computation, entry, collection and disposition of, p. 451, § 1837. Tax, election voting, failure of supervisors to levy in j'ear voted, levy in fol- lowing year, p. 452, § 1858. Tax, erroneously collected, refunding of, p. 557, § 3804. Tax, rate, how ascertained, p. 451, § 1837. Tax, supervisors to levy, p. 451, § 1837. Teachers' annuity fund, powers of board, p. 1922, Act 3570. Teachers, certificates, on special credentials to applicants who have-not creden- tials prescribed by board, p. 387, § 1519. subd. fifth. Teachers, certificates, what required of, p. 418, § 1663, subd. 1. Teachers, credentials upon which certificates may be granted, p. 387, § 1519, subd. fifth. Teachers, dismissal of, p. 412, § 1617, subd. seventh (b). Teachers, dismissal, what only grounds for, p. 450, § 1793, subds. 1, 3. Teachers, duties generally, enumeration of, p. 429, § 1696. Teachers, employment, compensation and term of office, p. 412, § 1617, subd. seventh (b). Teachers, employment of, p. 412, § 1617, subd. seventh (b). INDEX. 25G5 SCHOOLS (Continued). Teatliers, holders of city or city and county certificates, where may teach, p. 450, § 1793. Teachers, holders of special city or citj- and county certiticates, where may teach, p. 450, § 1793. Teacher not to be employed for higher grade than she holds certificate, p. 399, § 1543, subd. fifteenth. Teachers, payment by calendar month instead of school month, j). 412, § 1617, subd. seventh (b). Teachers, pensions, act of 1895 repealed, p. 1922, Act 3570. Teachers, pensions for, act regulating, p. 1657, Act 2643. Teachers, power to suspend pupil, p. 429, § 1696, subd. fourth. Teachers, re-election of, p. 412, § 1617, subd. seventh (b). Teachers, what grades may teach in, p. 418, § 1663, subd. 1. Textbook committee, provision as to secretary of repealed, p. 454, § 1874a. Text-book fund. See ante, State School Book Fund, this subject. Text-books, additional orders for, p. 391, § 1519, subd. thirteenth. Text-book appropriation subject to drafts for expenses, p. 391, § 1519, subd. fifteenth. Text-books, claims for royally, how presented and paid, p. 390, § 1519, subd. twelfth. Text-books, compilation, manufacturing, sale, and supplying, powers and duties of state board of education as to, pp. 388—391, subds. sixth to six- teenth. Text-books, desk copies for teachers, p. 391, § 1519, subd. thirteenth. Text-books, duty of state printer as to printing, binding and reporting cost, pp. 389, 390, § 1590, subds. tenth and eleventh. Text-books, no change in for four years, p. 444, § 1750. Text-books, orders for, duty of superintendent on receiving, p. 391, § 1519, subd. fourteenth. Text-books, preference given to California works, p. 393, § 1527. Text-books, price of, pp. 389, 390, § 1519, subds. tenth and eleventh. Text-books, rules governing adoption, provision as to repealed, p. 453, § 1874. Text-books, sale of, powers and duties of superintendent of public instruction, p. 390, § 1519, subd. twelfth. Text-books, sale of to private schools or individuals, p. 390, § 1519, subd. eleventh. Textbooks, teachers' requisition for, duty to prepare and penalty for neglect, p. 391, § 1591, subd. thirteenth. Text-books, state, punishment for refusal to use, p. 389, § 1519, subd. ninth. Trustees, annual meetings of, p. 405, § 1566. Trustees, appointment of and term of office, p. 399, § 1543, subd. twelfth. Trustees, clerk, duties and salary, p. 406, § 1576a. Trustees, clerk, when may appoint, p. 406, § 1576h. Trustees, election, arranging for secret ballot, p. 410, § 1509. Trustees, election, electioneering within one hundred feet of polls forbiddiMi, p. 410, § 1599. Trustees, election of, place of holding, p. 410, § 1593, subd. first. Trustees, election of, lime of holding, p. 410, § 1593, Bubds. first, third and fifth. Trustees, elections, voting, manner of, p. 4 1 0, § 1509. Trustees, elections, voting to be by ballot, p. 410, $ 1599. 2566 INDEX. SCHOOLS (Continued). Trustees, failure to appoint or compensate certain employees, authority ol superintendent, p. 399, § 1543, subd. twelfth. Trustees, no disqualification because of sex, p. 410, § 1593, subd. second. Trustees, number of, p. 410, § 1593, subd. second. Trustees, powers and duties of enumerated, p. 411, § 1617. Trustees, term of office, p. 410, § 1593, subd. fifth; p. 411, § 1613. Trustees, vacancies, filling, p. ^99, § 1543, subd. twelfth. Trustees, vacancies, filling of and term of appointee, p. 410, § 1593, subd. fourth. Union high school district, annexing to high school district of city, p. 434, § 1729. Union high school districts, boards, meetings of, p. 440, § 1740. Union high school districts, consolidation of high school districts into, p. 433, § 1729. Union high school districts, course of study, p. 444, § 1750. Union high school district, designation of, p. 430, § 1721. Union high school districts, establishment of public libraries by, p. 1928, Act 3586c. Union high school districts, exclusion of school district from, p. 437, § 1734. Union high school districts, formation of, p. 432, § 1727. Union high school district included in term "high school district," p. 430, § 1721. Union high school districts, post-graduate course, p. 444, § 1750. Union high school districts, provision for transportation of pupils, p. 440, § 1741. Union high school districts, text-books, p. 444, § 1750. Union high schools, transportation of pupils, p. 424, § 1674, subd. thirteenth; p. 440, § 1741. Union high school districts, trustees, election of and term of office, p. 435, § 1731. Union high school districts, what are, p. 431, § 1721. Union school districts, admission of new districts, p. 425, § 1674, subd. sixteenth (1). Union school districts, admission of part of district, p. 426, § 1674, subd. sixteenth (2). Union school district, attendance of five or less, lapse or suspension of district, p. 428, § 1674, subd. eighteenth. Union school districts, boards of trustees, meetings of, p. 424, § 1674, subd. elev.enth. Union school districts, boards of trustees, powers of, p. 424, § 1674, subd. tenth. Union school districts, buildings, erection or lease of, p. 423, § 1674, subd. sixth. Union school districts, change of location of schools, p. 423, § 1674, subd. ninth. Union school districts, course of study, p. 424, § 1674, subd. twelfth. Union school district, dissolution of, p. 427, § 1674, subd. seventeenth. Union school districts, districts have separate existences for what purposes, p. 425, § 1674, subd. fifteenth (2). Union school districts, election on petition for, p. 419, § 1674. Union school districts, formation of, p. 419, § 1673. INDEX. 2567 SCHOOLS (Continued). Union school district, formation of, time of taking effect of, p. 422, § 1674, subd. fourth. Union school district, funds, transfer of, p. 424, § 1674, *ubd. fifteenth (1). Union school districts, funds, apportionment of, p. 425, § 1674, subd. fif- teenth (2). Union school district, location of schools, p. 420, § 1674, subd. second. Union school districts, name of, p. 420, § 1674, subd. second. Union school districts, reports of teachers and principal, p. 425, § 1674, subd. fifteenth (2). Union school districts, sale of property and disposition of proceeds, p. 422, § 1674, subd. fourth. Union school districts, supervising principal for several districts, p. 424, § 1674, subd. fourteenth. Union school districts, text-books, p. 424, § 1674, subd. twelfth. Union school districts, trustees in, pp. 422, 423, § 1674, subds. fourth to seventh. Union school districts, withdrawal of district, p. 426, § 1674, subd. 3. Vaccination of all school children, provision for, p. 1716, Act 2840a. SEALERS OF WEIGHTS AND MEASURES. See Weights and Measures. SEAMEN. Desertion, provision as to enticing of, repealed, p. 230, § 644. SEA OTTER. See Game Laws. SECRETARY OF STATE. Appointees of, enumerated, p. 293, § 412 ; p. 294, § 414. Appointees of, salaries of, p. 294, § 413; p. 294, § 414. Appointees of, what are civil executive officers, p. 293, § 412. Bond of, p. 295, § 416. Copies of act forbidding sale of tobacco to minors under eighteen, to furnish, p. 198, § 308. Corporation deputy, appointment of, p. 294, § 414. Corporation deputy, powers and duties, p. 294, § 414. Corporation deputy, salary of, p. 294, § 414. Fees, disposition of, p. 292, § 409. Fees not to be charged legislators, p. 292, § 409. Fees not to be charged officers, p. 292, § 409. Fees of, p. 292, § 409. Repeal of sections relating to, p. 295, § 437 et seq. Salary of, p. 295, § 415. SEMINARY OF LEARNING. Any number of persons may incorporate, p. 146, § 649. Articles of incorporation, contents of, p. 146, 5 649. Office of, where located, p. 146, § 650. Trustees, number of, p. 146, § 649. Trustees, powers of, enumerated, p. 146, S 650. Trustees, quorum, p. 140, § 650. Trustees, term of office, p. 146, § 650. Trustees, vacancies, right of graduates to fill, p. 146, § 650, snl.d. 2. 2568 INDEX. SENATE. See Legislature; Senatorial Districts; United States Senate. SENATORIAL DISTRICTS. Enumeration of, p. 261, § 78. SENATORS. See United States Senators. United States. See Elections. SENTENCE. See Criminal Practice. Criminal action, in. See Criminal Practice. Probation. See Probation. , Suspension of. See Probation. SEPARATION. Proceedings in eminent domain, p. 66, § 1244. SERVANTS. See Master and Servant. SERVICE. Accusation against attorney, service of by publication, p. 11, §292. Bill of exceptions and amendments. See Bill of Exceptions. Bill of exceptions, of, p. 30, § 650. Summons. See Summons. What papers need not be served on party defaulting or not appearing, p. 30, § 650. SERVICES. Lien on personal property for services performed on, p. 183, § 3051. SEWAGE. Regulation of deposit of in waters, p. 1707, Act 2830. SEWERS. See Streets. Action by city to condemn land for sewerage, supervisors may be plaintiff, p. 66, § 1244. Cities authorized to permit other cities to construct sewers in, p. 1560, Act 2389. Constructed in one city by another city, proceedings relating to, p. 1560, Act 2389. Sewer districts in cities. See Municipal Corporations. SHAD. See Game Laws. SHASTA COUNTY. Assessor, commissions for collection of personal property taxes to be paid into county treasury, p. 743, § 4257, subd. 7. Assessor, deputies, number, appointment and salaries, p. 743, § 4257, subd. 7. Assessor, salary, p. 743, § 4257, subd. 7. Auditor, charges for making estimates of tax sale and disposition of, p. 742, § 4257, subd. 4. Auditor, salary of, p. 742, § 4257, subd. 4. Classification of, p. 568, § 4006. Classification of townships in, p. 744, § 4257, subd. 13. Constables, classification of townships for purijose of regulating salaries, p. 744, § 4257, subd. 13. INDEX. 2569 SHASTA COUNTY (Continued). Constables, fees, what may charge, p. 745, § 4257, subd. 15. Constables, population, how ascertained for purpose of fixing salaries, p. 747, § 4257, subd. 16. Constables, salaries, expenses, fees and mileage, p. 745, § 4257, subd. 15. Coroner, fees of, p. 743, § 4257, subd. 9. County clerk, increase of deputies on increase of judges, p. 743, § 4257, subd. 19. County clerk, salary and allowances, p. 742, § 4257, subd. 1. District attorney, allowance of tifteen dollars each on certain suits brought, p. 743, § 4257, subd. 8. District attorney, deputy, appointment and salary of, p. 743, § 4257, subd. 8. District attorney, salary of, p. 743, § 4257, subd. 8. Fees, officers to demand payment of in advance, p. 747, § 4257, subd. 16. Fish and game warden, salary and expenses of and how i^aid, p. 594, § 4149d. Highway connecting Trinity, Tehama and Shasta counties with road system of Humboldt county, p. 1233, Act 1457i. Jurors, grand, compensation and mileage, p. 748, § 4257, subd. 18. Jurors, trial, compensation and mileage of, p. 748, § 4257, subd. 18. Justices, classification of townships for purpose of regulating salaries, p. 744, § 4257, subd. 13. Justices, fees, what may charge, p. 744, § 4257, subd. 14. Justices, payment of collections into treasury, p. 747, § 4257, subd. 16. Justices, salaries, allowances and fees of, p. 744, §4257, subd. 14. Justices, salary, population, how determined for purpose of fixing, p. 747, § 4257, subd. 16. Population, how ascertained, p. 747, § 4257, subd. 16. Population of, p. 566, § 4005c. Public administrator, fees of, p. 743, § 4257, subd. 10. Recorder, salary of, p. 742, § 4257, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 598, 601, § 4149e. Sheriff, increase of deputies on increase of judges, p. 748, g 4257, subd. 19. Sheriff, salary and fees, p. 742, § 4257, subd. 2. Sheriff, salary includes salary of under-sheriff, p. 742, § 4257, subd. 2. Superintendent of schools, clerk, appointment and salary of, p. 743, § 4257, subd. 11. Superintendent of schools, salary and expenses of, p. 743, §4257, subd. 11. Supervisors, salary and mileage of, p. 747, § 4247, subd. 17. Surveyor, compensation and expenses of, p. 744, § 4257, subd. 12. Tax and license collector, one-half of commissions for licenses to be paid into county treasury, p. 743, § 4257, subd. 6. Tax and license collector, salary of, p. 743, § 4257, subd. 6. Treasurer, commissions for collection of inheritance taxes to be paid into county treasury, p. 743, § 4257, subd. 5. Treasurer, salary of, p. 743, § 4257, subd. 5. SHEEP. Inspection of, act providing for rcpcilcd, p. 1950, Act 3(i22. Inspector, act creating otTice of, repealed, p. 1950, Acts :!I120, 3022. Scab, act for prevention of amongst sheep repealed, p. !!)50, Act :ti;20. Sheep commissioners, act provifiing for Uonrd "f, ri'iii:ili'S, subd. 15. Supervisors, salary and mileage, p. 749, § 4258, subd. 15. 2572 INDEX. SISKIYOU COUNTY (Continued). Surveyor, duty of supervisors to employ for county work, p. 749, § 4258, subd. 12. Surveyor, fees of, p. 749, § 4258, subd. 12. Ta.x collector, salary of, p. 748, § 4258, subd. 6. Treasurer, salary of, p. 748, § 4258, subd. 5. SLOT MACHINES. Gambling by means of prohibited, p. 199, § 330a. SMELTERS. Investigation of injury to animal life and vegetation by, p. 1950, Act 3670. SNIPE. See Game Laws. SOBODA INDIANS. Cession of lands by state to United States for use of, p. 2236, Act 4216. SOCIAL CORPORATIONS. See Religious, Social and Benevolent Corporations. SOCIETIES. See Benefit Societies. SOCIETIES FOR PREVENTION OF CRUELTY TO ANIMALS. See Corporations for Prevention of Cruelty to Children and Animals. SOLANO COUNTY. Assessor, deputy, appointment and salary, p. 706, § 4247, subd. 7. Assessor, salary, commissions and fees of, p. 706, § 4247, subd. 7. Auditor, deputy, appointment and salary, p. 705, § 4247, subd. 4. Auditor, salary of, p. 705, § 4247, subd. 4. Board of education, mileage of members of, p. 708, § 4247, subd. 16. Classification of, p. 567, § 4006. Constables, population of townships, how ascertained for purpose of fixing com- pensation, p. 707, § 4247, subd. 14. Constables, salaries and fees of, p. 707, § 4247, subd. 14. Coroner, fees of, p. 706, § 4247, subd. 9. County clerk, copyist, appointment and salary, p. 705, § 4247, subd. 1. County clerk, deputies, p. 705, § 4247, subd. 1. County clerk, salary and allowance, p. 705, § 4247, subd. 1. District attorney, salary of, p. 706, § 4247, subd. 8. District attorney, stenographer, appointment and salary, p. 706, § 4247, subd. 8. Fees, what to be paid into treasury, p. 708, § 4247, subd. 17. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Justices, fees, salaries and expenses, p. 707, ■§ 4247, subd. J,3. Justices, fines, to pay to treasurer monthly, p. 707, § 4247, subd. 13. Population of, p. 565, § 4005c. Public administrator, salary of, p. 706, § 4247, subd. 1.0. Ttecorder, copyists, appointment and compensation, p. 705, § 4247, subd. 3. Recorder, deputy, appointment and salary, p. 705, § 4247, subd. 3. Recorder, salary of, p. 705, § 4247, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 597, 601, § 4149e. Salaries are in full compensation except in case of assessor, p. 70S, § 1247. subd. 17. INDEX. 2573 SOLANO COUNTY (Continued). Sheriff, jailer and deputy, appointment, duties and salaries, p. 70o, § 4247, subd. 2. Sheriff, salary, fees and commissions, p. 705, § 4247, subd. 2. Superintendent of schools, assistant, appointment and salary, p. 706, § 4247, subd. 11. Superintendent of schools, salary and expenses of, p. 706, §4247, subd. 11. Supervisors, salary, mileage and expenses, p. 707, § 4247, subd. 15. Surveyor, salary and expenses of, p. 706, § 4247, subd. 12. Tax collector, salary of, p. 706, § 4247, subd. 6. Treasurer, deputy, appointment and salary, p. 706, § 4247, subd. 5. Treasurer, salary of, p. 706, § 4247, subd. 5. SOLDIEES AND SAILORS. Burial of ex-Union soldiers, sailors and marines at public expense, p. 19.51, Act 3693. Grand Army of the Republic. See Grand Army of the Republic. Licenses, free, to ex-soldiers, sailors and marines, p. 580, § 4041, subd. 25. Offenses need not be prosecuted by indictment or information, p. 232, § 682. SONOMA CITY. Monument to commemorate raising of bear fiag in, appropriation for, p. 1953, Act 3706. Restoration and rebuilding of Mission San Francisco de Solano, appropriation therefor, p. 1953, Act 3705. SONOMA COUNTY. Assessor, deputies, number of and appointment of, p. 667, § 4239, subd. 7. Assessor, deputies, salaries paid out of compensation of assessor, p. 667, § 4239, subd. 7. Assessor, revenue and taxation deputy, salary of, p. 667, § 4239, subd. 7. Assessor, salary of, p. 667, § 4239, subd. 7. Auditor, deput)-, appointment and compensation, p. 666, § 4239, subd. 4. Auditor, expenses in making extensions of assessments and lax-rolls to be paid out of salary, p. 666, § 4239, subd. 4. Auditor, salary of, p. 666, § 4239, subd. 4. Classification of, p. 567, § 4006. Constables, population of townships, how ascertained, p. 668, §4239, subd. 14. Constables, salaries, fees and mileage of, p. 668, § 4239, subd. 14. Coroner, fees of, p. 667, § 4239, subd. 9. Countj' clerk, deputies, appointment, number and salaries, p. 666, § 4230, subd. 1. County clerk, salary of, p. 666, § 4239, subd. 1. District attorney, deputy and stenographer, appointment and salaries, p. 067, § 4239, subd. 8. District attorney, salary of, p. 667, § 4239, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Justices, fines to be paid to treasurer monthly, p. 668, § 4239, subd. 13. Justices, population of townships, how ascertained, p. 668, § 4239, subd. 13. Justices, salaries and fees, p. 668, § 4239, subd. 13. Population of, p. 565, § 4005c. Public administrator, fees of, p. 667, § 4239, subd. 10. Recorder, deputies, appointment, number and salaries, p. 666, § 4239, subd. 3. Ricorder, salary of, p. 666, § 4239, subd. 3.. 2574 INDEX. SONOMA COUNTY (Continued). Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 596, 601, § 4149e. ^ Salaries, not otherwise provided for, how paid, p. 668, § 4239, subd. 16. Sheriff, deputies, number, appoiutmeut and salaries, p. 666, § 4239, subd. 2. Sheriff, salary, fees, and mileage of, p. 666, § 4239, subd. 2. Superintendent of schools, deputj', appointment and salary, p. 667, § 4239, subd. 11. Superintendent of schools, salary and expenses, p. 667, § 4239, subd. 11. Supervisors, compensation and mileage, p. 669, § 4239, subd. 15. Supervisors, compensation as road commissioner, p. 669, § 4239, subd. 15. Surveyor, deputy, appointment and compensation, p. 667, § 4239, subd. 12. Surveyor, maps or block-books for assessor, preparation of out of his own com- pensation, p. 667, § 4239, subd. 12. Surveyor, salary, fees and expenses of, p. 667, § 4239, subd. 12. Tax collector, deputies, number and appointment of, p. 666, § 4239, subd. 6. Tax collector, deputies, salaries paid from compensation of tax collector, p. 666, § 4239, subd. 6. Tax collector, deputy, what to be paid by county, p. 666, § 4239, subd. 6. Tax collector, salary and fees, p. 66G, § 4239, subd. 6. Treasurer, deputy, appointment and salary of, p. 666, § 4239, subd. 5, Treasurer, salary and fees ot, p. 666, § 4239, subd. 5. SONOMA STATE HOME. Appropriation for construction of nursery for males, p. 1954, Act 3730. Asexualization of inmates of, p. 859, Act 248. SOUTH SAN FRANCISCO. Granting of tide lands to, p. 1954, Act 3741. SOUTH SAN JOAQUIN IRRIGATION DISTRICT. Organization of validated, p. 1318, Act 1715. SOUTH YSIDRO IRRIGATION DISTRICT. Organization of validated, p. 1318, Act 17253. SPRINKLER INSURANCE COMPANIES. Capital slock required of, p. 308, § 594, subd. 12. What included in sprinkler insurance, p. 308, § 594, subd. 16. SQUIRRELS. See Game Laws. STAFF. See National Guard. STAGE LINES. Fixing rates for, p. 1752, Act 2886, § 33. STALLIONS. Regulation of public service of, p. 1956, Act 3750. STANFORD UNIVERSITY. Temporary certificates, issuance of to graduates of, p. 398, § 1543, subd. 7. INDEX. 2575 STANISLAUS COUNTY. Assessor, deputies, appointment, duties and salaries, p. 730, § 4254, subd. 7. Assessor, salary, fees and commissions and allowances of, p. 730, § 4254^ subd. 7. Auditor, salary of, p. 729, § 4254, subd. 4. Classification of, p. 568, § 4006. Constables, classification of townships for purpose of fixing salaries, p. 731, § 4254, subd. 13. Constables, salaries, fees, mileage and expenses of, p. 732, § 4254, subd. 14. Coroner, fees of, p. 730, § 4254, subd. 9. County clerk, allowances of, p. 792, § 4254, subd. 1. County clerk, deputy, appointment and salary, p. 729, § 4254, subd. 1. County clerk, salary of, p. 729, § 4254. subd. 1. District attorney, salary of, p. 730, § 4254, subd. 8. Fish and game warden, salary and e.xpenses of and how p.-'.id, p. 594, § 4149d. Jurors, grand, fees and mileage, p. 733, § 4254, subd. 17. Jurors, trial, fees and mileage, p. 733, § 4254, subd. 17. Justices, classification of townships for purpose of fixing salaries of, p. 731, § 4254, subd. 13. Justices, fines to be paid to treasury monthly, p. 731, § 4254, subd. 13a. Justices, office hours, p. 731, § 4254, subd. 13a. Justices, office rent, allowance for, p. 731, § 4254, subd. 13a. Justices, salaries and fees of, p. 731, § 4254, subd. 13a. Population of, p. 565, § 4005c. Public administrator, fees of, p. 730, § 4254, subd. 10. Recorder, fees, what proportion to pay to treasury and what may keep, p. 729, § 4254, subd. 3. Recorder, salary of, p. 729, § 4254, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 598, 601, § 4149e. Sheriff, salary, fees, commissions and mileage, p. 729, § 4254, subd. 2. Superintendent of schools, deputy, appointment and salary, p. 730, § 4254, subd. 11. Superintendent of schools, salary and expenses, p. 730, § 4254, subd. 11. Supervisors, mileage for services as road overseer, p. 732. § 4254, subd. 15. Supervisors, salaries and mileage of, p. 732, § 4254, subd. 15. Surveyor, additional assistance for, p. 730, § 4254. subd. 12. Surveyor, deputy and clerk, appointment and salaries, p. 730, § 4254, subd. 12. Surveyor, duties of, p. 730, §4254, subd. 12. Surveyor, office hours, p. 730, § 4254, subd. 12. Surveyor, salary, expenses and allowances of, p. 730, § 4254, Ruhd. 12. Tax collector, salary, fees and commissions of, p. 729, § 4254, subd. 6. Tax collector, deputy, appointment and salary, p 729, § 4254, subd. 6. Townships, classification and consolidation of townships, p. 731, § 4254, subd. 13. Treasurer, salary, fees and commissions, p. 729, § 4254, subd. 5. Witnesses, fees and mileage of, p. 733, § 4254, subd. 16. Witness unnecessarily subpoenaed, court may disallow fee, p. 733, § 4254, subd. 16. STATE. See United States. Acquiring site by city and donating to state for public building, p. 17u5, Act 2822c. 2576 INDEX. STATE (Continued). Acquisition by of rights of way for rectification and improvement of San Joaquin river, p. 1913, Act 3372. . Action against -concerning marsh and tide lands authorized, p. 1962, Act 3797. Action against to quiet title to certain realty in Oakland authorized, p. 1964, Act 3798. Actions against' state to quiet title where deeds lost, authorized, p. 1966, Act 3798b. Actions against state to quiet title where deeds lost, procedure, p. 1966, Act 3798b. Advertisements, putting on property of state without permission, prevention of, p. 834, Act 52. Bonds. See Bonds. Cession of land by state to United States for benefit of Soboda Indians, p. 2237, Act 4216. Claim of California Highway Commission against, appropriation to pay, p. 1967, Act 3798d. Claims against. See Board of Control. Condemnation of property of. See Eminent Domain. Conveyance by state of certain realty to Sacramento county to perfect title, p. 1893, Act 3082. Conveyance to United States by state of lands erroneously patented to state, p. 2237, Act 4217. Deposit of state moneys in banks, p. 2231, Act 4134. Exchange of lands belonging to state in San Francisco for lands of city author- ized, p. 1905, Act 3348a. Lauritzen Company, act authorizing it to sue state repealed, p. 1962, Act 3795. "Newtown jetties," owners of land authorized to sue state for injuries from, p. 1965, Act 3798a. Part of expense of maintaining fire boats on San Francisco bay to be borne by, p. 1904, Act 3348. Purchase of armory building and wharf on San Diego bay by, p. 1902, Act 5158b. Sale or exchange of property belonging to, p. 331, § 681. Secretary of. See Secretary of State. Statistics, agricultural and other industrial, collection, compilation and publi- cation of, p. 1967, Act 3798c. Tide lands, actions against state concerning, authorized, p. 1962, Act 3797. Tide lands, grant of to various cities. See Tide Lands. STATE AGRICULTURAL SOCIETY. See State Fair. Authorized to construct dairy building on fair grounds, p. 844, Act 78a. Directors authorized to construct dairy and dairy buildings, p. 844, Act 78a. Provision that supervisors furnish data to, repealed, p. 585, § 4056. STATE BOARD OF CHARITIES AND CORRECTIONS. Biennial report, p. 1021, Act 573, § 8. Compensation, act without, but allowed expenses, p. 1021, Act 573, § 2. Creation of, p. 1021, Act 573, § 1. Expenses, limit on, p. 1021, Act 573, § 2. Forms of records for county almshouses, hospitals, jails and prisons, to pre- scribe, p. 1025, Act 575. INDEX. 2577 STATE BOARD OF CHARITIES CORRECTIONS (Continued). Investigating charitable, correctional and penal institutions, authority and duty, p. 1021, Act 573, §§ 3, 5, 6. Licensing, inspecting and regulating maternity hospitals, lying-in asylums and orphan asylums, by, p. 1398, Act 1943. Number, appointment, eligibility and term of office, p. 1021, Act 573, § 1. Powers and duties of, p. 1021, Act 573, §§ 2, 5, 6. Records, duty of superintendents of county hospitals and almshouses and jailers to furnish, p. 1025, Act 575. Refusal to give information to, penalty, p. 1021, Act 573, § 6. Secretary and assistants, appointment and salaries of, p. 1021, Act 573, § 2. Secretary, bond of, p. 1021, Act 573, § 2. Supervising children's home-finding societies, p. 1024, Act 574. Supervising placing dependent children into homes, p. 1024, Act 574. STATE BOARD OF CONTROL. See Board of Control. STATE BOARD OF EDUCATION. See Schools. STATE BOARD OF EQUALIZATION. Chairman, election of and term of office, p. 291, § 352. Term of oflfice, p. 291, § 352. Who constitute, p. 291, § 352. STATE BOARD OF EXAMINERS. Provision as to repealed, p. 291, § 364. STATE BOARD OF HEALTH. See Public Health. Contagious diseases, duty in ease of, p. 510, § 2979a. Employees, appointment, terms of office, duties and compensation, p. 512, § 3075. Employees, what may appoint, p. 512, § 3075. Establishment and maintenance of department of tuberculosis under, p. 1722, Act 2844b. Governor appoints members of, p. 291, § 368. Meetings of, p. 511, § 2981. Organization of and election of officers, p. 511, § 2981. Purchase preparation and distribution of anti-rabic virus, p. 1715, Act 2837a. Quorum, p. 511, § 2981. Regulations to prevent introduction of rabies or other animal diseases danger- ous to human beings, p. 854, Act 196a. Secretary, appointment, duties, powers, salary, p. 511, §§2981, 2982. Secretary, assistant, appointment, term of office, duties and salary, p. 511, § 2982. Secretary, duties of, p. 511, §2982. Secretary, salary, and expenses, p. 511, §2982. State hygienic laboratory for, appropriation for, p. 2251, Act 4260. State hygienic laboratory for, director and assistants, p. 2251, Act 4260. Slate hygienic laboratory for, duty of controller and treasurer, p. 2251, Act . 4260." State hygienic laboratory for, establishment and maiutenanco at university, p. 2251, Act 4260. 162 2578 INDEX. STATE BOARD OF HORTICULTURAL EXAMINERS. See County Horticultural Commissioners; State Horticultural Commissioners. Consists of whom, p. 493, § 2322. Creation of, p. 493, § 2322. Examinations of candidates for appointment as horticultural commissioner, p. 493, § 2322. Expenses of, p. 493, § 2322. List of eligibles, certifying to supervisors, p. 493, § 2322. Proceedings where no persons present themselves for examiaation or none qualified, p. 493, § 2322. Serve without pay, p. 493, § 2322. STATE BUILDINGS. See Public Buildings. STATE CAPITOL. See Capitol. STATE CONTROLLER. See Controller, STATE ENGINEER. See Department of Engineering. STATE FAIR. See State Agricultural Society. Additional ground for, appropriation for purchase of, p. 835, Act 63a. Bonds for improvement and extension of grounds and for erection of build- ings, submission to people, p. 836, Act 63b. Memorial buildings in fair grounds, erection of, p. 841, Act 67c. Stale agricultural society authorized to make improvements on fair grounds, p. 843, Act 78. STATE FLAG. Bear flag adopted as, p. 1169, Act 1199. STATE HIGHWAYS. See Highways. STATE HORTICULTURAL COMMISSIONER. See County Horticultural Commis- sioner; State Horticultural Examiners. Annual reports of, p. 493, § 2319h. Appointment of, considerations guiding governor, p. 488, § 2319. Arrangement of office into divisions, p. 488, § 2319. Civil executive officer, p. 488, § 2319. County horticultural commissioner, is, ex officio, p. 492, § 2319f. County horticultural commissioner. See County Horticultural Commissioner. County horticultural commissioner to make annual reports to, p. 492, § 2322c. Deputies and assistants, power to appoint and remove, p. 488, § 2319. Deputies and assistants, qualifications, duties and salaries, p. 488, § 2319. Duties of, enumerated, p. 490, § 2319a. Expenses of, payment of, p. 493, § 2319j. Governor may remove, p. 488, § 2319. Infectious diseases, insects or pests, duty of quarantine officer or county com- missioner on receiving report of, p. 491, § 2319d. Infectious diseases, insects or pests, powers and duties as to, p. 491, § 2319c. Infectious diseases, insects or pest, report of to quarantine guardian or county commissioner with directions for treatment, p. 491, § 2319d. Insectary, power and duties of state horticultural commissioner as to, p. 488, § 2319. INDEX. 2579 STATE HORTICULTURAL COMMISSIONER (Continued). Must be a citizen and resident, p. 488, § 2319. Offices, during what time open, p. 488, § 2319. Offices, where located, p. 488, § 2319. Powers of, enumerated, p. 490, § 2319a. Quarantine, approvals hy governor of, how made and expressed, p. 490, § 2319b. Quarantine, cannot declare without consent of governor, p. 490, §§ 2319a, 2319b. Quarantine, co-operation with United States authorities in establishing, p. 492, § 2319e. Quarantine, guardian, issuance of commission as to county horticultural com- missioner, p. 490, § 2322b. Quarantine guardians, may issue commissions as to county horticultural com- missioners, p. 490, § 2319a. Quarantine lines, notice to governor of and proclamation by, p. 492, § 2319e. Quarantine officer, regarded as, p. 490, § 2319a. Quarantine regulations, power to establish and enforce, p. 490, § 2319b. Salary of, p. 488, § 2319. Term of office, p. 488, § 2319. Traveling and other expenses incurred, how paid, p. 488, § 2319. Vacancy in office, governor to till, p. 488, § 2319. STATE HYGIENIC LABORATORY. See State Board of Health. STATE LANDS. See Mines and Mining. Actions against state concerning marsh and tide lands authorized, p. 1962, Act 3797. Adjustment and settlement between state and United States as to, p. 2237, Act 4218. Anderson, Peter, provision for issuance of patent to for certain land, p. 1724, Act 2867a. Contest of right to purchase, p. 543, § 3513. Conveyance by state to United States of lands erroneously patented to state, p. 2217, Act 4217. Death of applicant beiore patent issued, proceedings to determine who are heirs, p. 90, § 1724. Delinquent purchasers, decree against, where filed, p. 545, § 3550. Grant of certain land by state to United States for use of Soboda Indians, p. 2236, Act 4216. Lakes, lands uncovered by recession of, containing minerals to be leased, p. 540, § 3493m. Lakes, sale of lands uncovered by recession of, p. 540, § 3493m. Lieu lands, cancellation of certain applications for, p. 1977, Act 3840. Lieu lands, cancellation of liens for taxes on lands used as basis for selections, p. 1978, Act 3841. Lieu land, indemnity certificate or scrip, cancellation and restoration, where holder not entitled to purchase, p. 516, | 340Hd. Lieu land, indemnity- certificate or scrip, death of purchaser and right of successor, p. 516, § 3408d. Lieu lands, indemnity certificates or scrip, disposition of moneys received from, p. 516, .§ 3408d. Lieu lands, indemnity certificates or scrip, general provisions of code Bl'p'y to purchases under, p. 516, § 3408d. 2580 INDEX. STATE LANDS (Continued). Lieu land, indemnity certificate or scrip, loss of, proceedings in case of, p. 516, § 3408d. Lieu land, indemnity certificate or scrip, not subject to sale or assignment, p. 516, § 3408d. Lieu lands, indemnity certificate or scrip, number of acres one may select, p. 516, § 3408d. Lieu land, indemnity certificate or scrip, proceedings where holder entitled to recover money paid for, p. 516, § 3408d. Lieu land, indemnity certificate or scrip, proceedings where in%'alid or will not be accepted, p. 516, § 3408d. Lieu lands, indemnity certificates or scrip, sale of, p. 516, § 3408d. Lieu land, indemnity certificate or scrip, sale of, affidavit and fees of person selecting, p. 516, § 3408d. Lieu land, indemnity certificate or scrip, sale of, issuance of indemnity cer- tificate of location and form of, p. 516, § 3408d. Lieu land, indemnity certificate or scrip, sale of, minimum price, p. 516, § 3408d. Lieu land, indemnity certificate or scrip, sale of, right of one to purchase for another, p. 516, § 3408d. Lieu land, indemnity certificate or scrip, sale of, right of purchaser to locate on United States land, p. 516, § 3408d. Lieu land, indemnity certificate or scrip to be accepted in payment, p. 516, § 3408d. Lieu lands, indemnity certificates or scrip, who may purchase, p. 516, § 3408d. Lieu lands, no selection to be made except on surrender of scrip, p. 514, § 3398. Lieu land, reselection where certificate of purchase issued, certificate to be surrendered, p. 514, § 3398. Lieu lands, sale of, p. 540, § 3494. Lieu land, selection of, approval of and issuance of certificate, p. 515, § 3407. Lieu land, selection of, perfecting, amending or selecting, conditions of, p. 514, § 3398. Lieu lands, surveyor general is general agent of state for location of, p. 514, § 3398. Patent, certified copy of, effect of, p. 546, § 3571. Patents for, to whose benefit accrue, p. 544, § 3519. Patents for when to issue, p. 544, § 3519. Payment, failure to make, effect of, p. 544, § 3513. Payment, how made, p. 544, § 3513. Payment, interest, effect of failure to pay, p. 544, § 3513. Payment, issuance of patent after, p. oii § 3519. Payment, within what time to be made, p. 544. § 3513. Recorders to furnish surveyor general with certificates showing status of school lands, p. 1863, Act 2986. Register of state land office. See Register of State Land Office. Sale of land not the property of stale, rights of purchaser, p. 546, § 3571. School lands, application for, approval of, p. 542, § 3498. School lands, application for, within what time to be made, p. 543, § 3499. School lands, bonds purchased from proceeds of deposited with state treasurer, p. 329, § 676. School lands, funds from, investment in bond.* of irrigation districts, p 1344, Act 1732b. School lands, proceeds of, investment of, p. 329, § 676; p. 331, § 680. INDEX. 2581 STATE LANDS (Continued). School lands, recorders to furnish surveyor general with certificates showing status of, p. 1863, Act 2986. School lands, relief of purchasers of who have not paid interest, p. 1977, Act' 3834a. School land, sale of, affidavit where applicant a woman, provision as to re- pealed, p. 542, § 3496; p. 543, § 3501. School lands, sale of, regulations governing, p. 540, § 3494. School lands within national forest, park or reservation, withdrawal of, p. 540, § 3494; p. 1979, Act 3842. Surveyor general. See Surveyor General. Swamp and overflowed lands. See Swamp and Overflowed Lands. Taxes, state land sold to state for, disposition of proceeds, p. 554, § 3788. Taxes, state land sold to state for, former owners preferred purchasers, p. 554, § 3788. Taxes, state land sold to state for, proceedings thereafter, p. 552, §3785; p. 554, § 3788. Taxes, state land sold to state for taxes, right of redemption by former owners and proceedings on, p. 554, § 3788. Tide lands. See Tide Lands. STATE LIBRARY. Duties of librarian enumerated, p. 486, § 2295. Fees, what to be paid into fund of, p. 293, § 409, subd. 25. Fund for, p. 488, § 2300. Librarian, books and pamphlets compiled by, cost of printing, p. 487, § 2295. Librarian, books and pamphlets, duty to compile for state officers, p. 487, § 2295, subd. 10. Librarian, compilation of books and pamphlets for state officers, submitting facts to state board of control, p. 487, § 2295, subd. 10. Librarian, duties of enumerated, p. 486, § 2295. Publications furnished to, p. 487, § 2295a. Publications furnished to, sale and distribution, p. 487, § 2295a. Salaries of deputies, provision as to repealed, p. 488, § 2303. Trustees, duties of enumerated, p. 486, § 2293. STATE MINERALOGIST. See State Mining Bureau. STATE MINING BUREAU. Act of 1913 establishing state mining bureau, p. 1485, Act 2213a. Investigation of mining operations, dealings and transactions, p. 1485, Act 2213a. Officers and employees of, p. 1485, Act 2213a. Prosecution for defrauding, swindling and cheating in mining operation, p. 1485, Act 2213a. Repeal of act of 1893 providing for establishment, maintenance and support of state mining bureau, p. 1485, Act 2213a. Reports to by persons in charge of mining operations, p. 1485, Act 2213a. State mineralogist, creation of ofTice of, p. 1485, Act 2213a. Stale mineralogist, salary, powers and duties of, p. 1485, Act 2213a. STATE PRINTER. State .school text-books, duties as to, pp. 389, 390, § 1519, siibds. tOMlli and eleventh. 2582 INDEX. STATE FEINTING. See Superintendent of State Printing, STATE PRISONS. See California State Reformatory. Appropriation for additional cells, buildings, improvements, el'c, p. 1686, Act 2778a. Asexualization of convicts, p. 859, Act 248. Bringing drugs, liquors, weapons or explosives into a felony, p. 193, § 171a. California state reformatory, commitment of prisoners to, p. 1012, Act 512. Drafts upon controller for moneys required, and payment' of, p. 256, § 1584. Employment of prisoners and disposition of products, p. 1980, Act 3867. Folsom, appropriation for cells and wall, p. 1686, Act 277a. Folsom, receipt of moneys by warden and payment into treasury, p. 256, § 1584. Folsom, rock-crushing plant at, repeal of act relating to, p. 1686, Act 2772. Intoxicating liquors, selling or giving away of within certain distance of, punish- ment of, p. 193, § 172. Jute, appropriation for permanent fund for, p. 1357, Act 1763. Jute goods, price, terms and conditions of sale of, p. 1358, Act 1768a. Jute, revolving fund for, p. 1357, Act 1763. Moneys expended by warden, vouchers for, p. 256, § 1584. Moneys received at San Quentin, disposition of, p. 256, § 1584. Moneys received at Folsom, disposition of, p. 256, § 1584. Moneys, report of receipts and expenditures by warden, p. 256, § 1584. Moneys required by wardens, drafts for, p. 256, § 1584. Parole commissioners. See Parole Commissioners. San Quentin, cells, buildings, electric and power plants, etc., appropriation for, p. 1686, Act 2778a. San Quentin, moneys collected by warden, report of and payment into treasury, p. 256, § 1584. Wardens, duties of, enumerated, p. 256, § 1578. Warden, quarterly report to controller of moneys retained and amounts paid out', p. 256, § 1584. Wardens to take and file vouchers for moneys expended, p. 256, § 1584. STATE RAILROAD COMMISSION. See Railroad Commission. STATE TREASURER. See Treasurer, State. STATE VETERINARIAN. See Veterinary Surgery. STATE WATER COMMISSIONERS. See Water Commission. STATISTICS. See Labor Statistics. Collection, compilation and publication of agricultural and other industrial statistics, p. 1967, Act 3798c. STATUTE OF LIMITATIONS. Bank, claim against, action within what time to be brought, p. 923, Act 297, § 136. Constables, actions against, p. 1."?, § 339. Contract not in writing, p, 13, § 339. Coroners, actions against, p. 13, § 339. Escape, actions for, p. 13, § 339. Obligations not in writing, p. 13, § 339. INDEX. 2583 STATUTE OF LIMITATIONS (Continued). Overcharges by public utility, action to recover, p. 1784, Act 2886. § 71b. Sheriffs, actions against, p. 13, § 339. Stockholders, actions against by superintendent of banks, p. 922, Act 297, § 136. Taxes paid under protest, action to recover, p. 5.58, § 3819. Title insurance policy, action on, when accrues, p. 13, § 339. Title insurance policy, actions on, when barred, p. 13, § 339. STAY. Execution, power of court to stay, p. 32, § 681a. STEEL-HEAD TEOUT. See Game Laws. STEVEDORES. See Shipping. STOCK. See Banks and Banking; Corporations; Public Utilities, II. STOCKTON. Charter of, p. 1981, Acts 3899, 3899a. STORAGE. See Cold Storage. STORM-WATER DISTRICTS. See Protection Districts. Amendments of act providing for formation, organization and government, p. 1695, Act 2806. STREAMS. See Waters. STREET RAILROADS. Authority as to, p. 134, § 499. City owning roads, right of to use tracks of another company, p. 134, § 499. Conditional sale of equipment and rolling stock, act of 1913 relating to, p. 1815, Act 2931a. Highways, laying out across, procedure and damages, p. 505, § 2694. Permitting two or more companies to use same track, authority as to, p. 134, § 499. Permitting two or more companies to use same tracks where tracks are of dif- ferent gauge, p. 134, § 499. Regulation of under public utility act. See Public Utilities. STREETS. Abandonment of proceedings for improvement of, p. 1990, Act 3928. Abandonment or closing up of, acceptance of new streets in lieu thereof, p. 2099, Act 3937b. Abandonment or closing up of, disposition of lands and execution of deeds by cities, p. 2099, Act 3937b. Act of 1885 providing for work upon streets, lanes, sidewalks, etc. (A'rooman act), amendments of 1911 and 1913, p. 1999, Act 3930. Act of 1889 providing for layuig out, opening, extending, etc., aiiicinlinenls of 1913 of, p. 1989, Act 3927. Act of 1903 providing for laying nut, opening, extending, etc., ainciidments of 1911 and 1913 of, p. 1990, Act 3928. Act of 1903 providing for system of street improvement bondK to represent assessments, amendments of 1911 and 1913, p. 2023, Act 3932. 2584 ' INDEX. STREETS (Continued). Act of 1909 for changing and modifying grade of streets, lanes, etc., amend- ment of 1911, p. 2032, Act 3936. Act of 1909 for improvement of in places wliere damage results from improve- ments, amendment and repeal of, p. 2031, Act 3934. Act of 1909 providing for work upon and construction of sidewalks and curb- ing repealed, p. 2032, Act 3935. Act of 1911 for establishment and change of grades where damages result and providing for bonds to meet costs, p. 2100, Act 3937c. Act of 1911 for improvement of streets, etc., establishing or changing grades and for issuing bonds, p. 2033, Act 3937. Act of 1911 providing for issuance of improvement bonds for street improve- ments or assessments, p. 950, Act 390. Act of 1911 providing for work on, changing grades and for street improve- ment bonds for assessments, p. 2033, Act 3937. Act' of 1911 providing for work on streets on exterior boundaries of cities and construction of sewers and sidewalks, p. 2080, Act 3937a. Assessments, issuance of improvement bonds to represent, p. 950, Act 390. Bonds for street improvements or assessments, act of 1911 relating to, p. 950, Act 390. Bonds, improvement, issuance of, to represent assessment, under act of April 27, 1911, p. 2033, Act 3937. Bonds to represent assessment, issuance of under act of 1893, p. 2023, Act 3932. Bonds to represent assessment issued under act of April 7, 1911, p. 2033, Act 3937. Boulevards. See Boulevard Districts. Cemeteries, opening of streets through, p. 1020, Act 548. Cities authorized to construct, maintain and operate pipelines, etc., across, p. 1564, Act 2389b. Cities authorized to grant franchises to lay steam-heating pipes in streets, p. 1565, Act 2389c. Disposition of lands abandoned or closed up as public streets, p. 2099, Act 3937b. Highway system, use of streets as part of, p. 1560, Act 2386. Liability of officers for injuries from defects in, p. 1611, Act 2554. Lighting of, act of 1905 relating to repealed, p. 1570, Act 2389g. Lights in. See Lighting Districts: Municipal Corporations. Officers, liability of for injuries from defects in, p. 1611, Act 2554. Shade trees and ornamental shrubs, planting along streets and assessing costs against owners, p. 1981, Act 3924. Vrooman act, amendments of, p. 1999, Act 3930. Vrooman act, revival of part of act relating to sidewalks, p. 2032, Act 3935. Weeds in, cities of fifth and sixth class authorized to declare a nuisance and to abate, p. 1518, Act 2347a. STRIKES. Regulation of advertisements or solicitations of employees during, p. 1409, Act 2140a. STRIPED BASS. See Game Laws. STURGEON. See Game Laws. INDEX. 2585 SUBPOENAS. See Witnesses. SUBWAYS. Under navigable streams and bodies of water, provision as to, p. 2127, Act 3937d. SUCCESSION. Succession taxes. See Taxation. SUMMONS. Publication, affidavit as to filing of, certificate of residence, p. 17, § 412. Publication of, certificate of residence, effect of or right to, p. 17, § 412. Publication, procedure to obtain order for, p. 17, § 412. Publication, when may be ordered, p. 17, § 412. Service of in condemnation proceedings against slate or United States, p. 62, § 1240, subds. 8, 9. SUNDAYS. See Holidays. SUNFISH. See Game Laws. SUPERINTENDENT OF PUBLIC INSTRUCTION. See Schools. SUPERINTENDENT OF SCHOOLS. See Schools. SUPERINTENDENT OF STATE PRINTING. See State Printer. Appointed by governor with consent of senate, p. 30.5, § 530. Appointment of, term of incumbent not affected, p. 305, § 530. Bond of, p. 305, § 530. Duties of enumerated, p. 303, § 526. Holds at pleasure of governor, p. 305, § 530. Qualifications of, p. 305, § 530. Style and manner of printing, to decide, p. 305, § 529, SUPERIOR COURT. Rules of. See Rules of Court. SUPERIOR JUDGES. See Judges. Additional, one, for Contra Costa county, p. 1050, Act 726. Increase of number of in Kern county, p. 1382, Act 1790a. Increase of number of in Tulare county, p. 2232, Act 4182. May order matter taken down in shorthand and transcribed and charged against county, p. 10, § 274a. Orange county, increase in number of, p. 1G39, Act 2579. Particular county, of. See particular title. Salaries of, p. .336, § 737. Salaries of superior judges of Kern county, p. 1382, Act' 1794. Salaries, state and county each pay one-half, p. 336, § 737. San Diego, increase in number of in, p. 1902, Act 3172a; p. igO.T, Act 3173. SUPERVISORS. Chriiinian, monthly count of money in treasury, p. 592, S 4007. Claims against counties. See Counties. Classification of for purposes of election, p. 571, 8 4021. County, duty to publish proceedings and perinliv fur fiiilnrf, p. .''iKl 5 lnlO 2586 INDEX. SUPERVISORS (Continued). County, general powers and duties of enumerated, p. 575, § 4041. County, may replace indexes to records destroyed by fire, p. 584, § 4043a. County officers, are, p. 570, § 4013. County, particular county. See particular title. County, power to declare innavigable streams highways for fishing, p. 591, §4085%. County, provision requiring report of data to state agricultural society re- pealed, p. 585, § 4056. County, tax authorized for fund for exhibiting products* or encouraging trade or immigration, p. 585, § 4056b. Election commissioners, are, p. 340, § 1075. Election of, time of, p. 571, § 4021. Highways, power of supervisors of county over, p. 500, § 2643. Highways, powers over. See Highways. Indexes to records destroyed by fire, may replace, p. 584, § 4043a. Innavigable streams, power to declare highways for fishing, p. 591. § 4085*/^. Ordinances, initiative. See Ordinances. Particular county, of. See particular county. Permitting two or more street railways to use same tracks, p. 134, § 499. Powers of enumerated, p. 575, § 4041. Records of, duty to publish, p. 584, § 4049. Records of, failure to publish, punishment of, p. 584, § 4049. Records of, time of publishing, p. 584, § 4049. Registrars of election, to appoint, p. 595, § 4149e. State agricultural society, provision for supervisors to furnish data to repealed, p. 585, § 4056. Tunnels, tubes and subways under navigable streams or bodies of water, pro- vision as to, p. 2127, Act 3937d. Wharves, supervisors may grant authority to erect with right to take tolls, p. 509, § 2906. SUPREME COURT. Rules of. See Rules of Court. Salaries of olficers of, p. 336, § 739. SURETY COMPANIES. Certitieate of authority to do business, p. 46, § 1057a. Justification by, manner of and procedure, p. 46, § 1057a. Justification, when complete, p. 46, § 1057a. SURETY INSURANCE COMPANIES. Capital stuck required of, p. 309, § 594, subd. 16. What included in surety insurance, p. 307, § 594, subd. 5. SURETYSHIP. See Surety Companies; Surety Insurance Companies. SURGEONS. Privileged communications between surgeon and patient, p. 96, § 1881. SURGERY. See Medicine; Veterinary Surgery. SURPLUS LINE BROKERS. See Insurance Companies. INDEX. 2587 SURVEYOR, COUNTT. County officer, is, p. 570, § 4013. Particular county, of. See particular title. SURVEYOR GENERAL. See State Lands. s Appointees of, p. 303, § 485. Appointees of are civil executive officers, p. 303, § 485. Appointees, salaries of, amount of and when and how paid, p. 303, § 485. Assistant is assistant register of state land office, p. 303, § 485. Deputy surveyor general is exofficio deputy register of state land office, p. 303, § 485. Indemnity selections, duty as to, p. 515, § 3408d. Lieu lands, is general agent of slate for location of, p. 514, § 3398. Lieu land selections, approval of and issuance of certificate, p. 515, § 3407. Lieu lands, selection of. See State Lands. Register of state land office. See Register of State Land Office. School land within reservation, duty as to, p. 1979, Act 3842. SURVIVAL OF ACTIONS. See Abatement. SUTTER COUNTY. Assessor, deputy, appointment and salary of, p. 801, § 4277, subd. 7. Assessor, salary of, p. 801, § 4277, subd. 7. Auditor, salary of, p. 801, § 4277, subd. 4. Classification of, p. 569, § 4006. Constables, population of townships, how ascertained for purpose of fixing sal- aries, p. 801, § 4277, subd. 14. Constables, salaries, expenses and fees, p. 801, § 4277, subd. 14. Coroner, salary and expenses of, p. 801, § 4277, subd. 9. County clerk, salary of, p. 801, § 4277, subd. 1. District attorney, salary of, p. 801, § 4277, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Justices, population of townships, how ascertained for purpose of fixing salaries, p. 801, § 4277, subd. 14. Justices, salaries and fees of, p. 801, § 4277, subd. 14. Population of, p. 566, § 4005c. Public administrator, fees of, p. 801, § 4277, subd. 10. Recorder, deputy, appointment and salary of, p. 801, § 4277, subd. 3. Recorder, salary of, p. 801, § 4277, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 600, 601, § 4149e. Sheriff, salary and expenses of, p. 800, § 4277, subd. 2. Superintendent of schools, salary and expenses of, p. 801, § 4277, subd. 11. Supervisors, mileage for services as road commissioner, p. HOI, § 4277, subd. 13. Supervisors, salary, expenses and mileage, p. 801, § 4277, subd. 13. Surveyor, salary and expenses of, p. 801, § 4277, subd. 12. Tax collector, salary of, p. 801, § 4277, subd. 6. Treasurer, salary of, p. 801, § 4277, subd. 5. SUTTER'S FORT. Salary of gardener, p. 2128, Act 4018. SWAMP AND OVERFLOWED LANDS. See Levee Districts; Rpclnmation DJKtrlrtg; Tide Lands. 2588 INDEX. SWAMP AND OVERFLOWED LANDS (Continued). Actions against state concerning marsh and tide lands authorized, p. 1962, Act 3797. Patent, lost, duplicate, fee for issuing, p. 545, § 3524. Patent, lost, duplicate patent, effect of, p. 545, § 3524. Patent, lost, isuance of duplicate authorized, p. 545, § 3524. Patent, lost, issuance of duplicate, procedure, p. 545, § 3524. Sale of land that had not been segregated, rights of purchasers, p. 546, § 3571. Tide lands, repeal of provision defining, p. 518, § 3444. SWANS. See Game Laws. TAXATION. See State Board of Equalization. Appropriation for loss of taxes because of state and county taxes, p. 2186, Act 4067a. Appropriation to pay bonded indebtedness of cities or counties existing on separation of state and local taxes, p. 2186, Act 4067a. Assessment-book, assessor to furnish copies to cities or lighting, water or irri- gation districts, p. 547, § 3653. Assessment-boolf, charge for copies of, p. 547, § 3653. Assessment, deductions for mortgages where part payments made and not released from record, not void, p. 558, § 3819. Assessments, erroneous, cancellation of, p. 558, § 3804a. Assessor. See Assessor. Assessor, allowance for making military-roll, p. 815, § 4290. Assessor, expenses allowed to when summoned to appear before board of equalization, p. 815, § 4290. Assessor, fees and mileage for selling personal property, p. 556, § 3793. Assessor, military-roll, compensation for making, p. 456, § 1901. Assessor, military-roll, failure of head of educational institution to report a misdemeanor, p. 456, § 1898. Assessor, military-roll, failure to perform duty, penalty, p. 456, § 1898. Assessor, military-roll, heads of educational institutions to report pupils subject to military duty, p. 455, § 1897. Assessor, military-roll, powers and duties in relation to, p. 455, § 1897. Assessor, particular county, of. See particular county. Assessor, payment of collections into treasury, p. 593, § 4101a. Assessor, percentages and allowances, p. 816, § 4290. Assessor, percentages allowed to on personal property and poll taxes collected, p. 815, § 4290. Banks, taxation of for benefit of state, p. 2151, Act 4065. Cancellation of Hen for taxes on lands used as basis for selection of lieu lands, p. 1978, Act 3841. Cities, governed by freeholders' charters, assessment of property in, and col- lection of taxes, p. 2190, Act 4067c. City, tax by for park, music and advertising purposes, p. 1562, Act 2389a. Consolidation of offices of tax collector and assessor, p. 571, § 4017. Consolidation of offices of treasurer and tax collector, p. 571, § 4017. Corporations, license tax upon. See Corporations. Corporations, taxation of for benefit of state, p. 2151, Act 4065. INDEX. 2589 TAXATION (Continued). Counties, reimbursement of for losses in railroad taxes, p. 2186, Act 4067; p. 2187, Act 4067a. Descriptions of personalty, charge for, p. 547, § 3653. Descriptions of personalty with names and addresses of owners, assessor to furnish to cities, lighting, water and irrigation districts, p. 547, § 3653. Delinquent taxes, action for where over three hundred dollars, p. 549, § 3771. Delinquent taxes, deeds after being recorded to be sent to and recorded by controller, p. 551, § 3785. Delinquent taxes, deeds, controller to furnish forms of, p. 551, § 3785. Delinquent taxes, deed is conclusive of what, p. 554, § 3787. Delinquent taxes, deed is primary evidence of what, p. 553, § 3786. Delinquent taxes, deed on sale to purchaser other than state, form of, p. 552, § 3785b. Delinquent taxes, deed on sale to purchaser other than state, no charge for drawing and acknowledging, p. 552, § 3785b. Delinquent taxes, deed, time for issuance of where property sold to purchaser other than state, pp. 551, 552, §§ 3785, 3785b. Delinquent taxes, deed, title conveyed by, p. 554, § 3787. Delinquent taxes, deed to state, form of, p. 551, § 3785. Delinquent taxes, deed to state where property not redeemed in five years, p. 551, § 3785. Delinquent tax list, contents of, p. 549, § 3764. Delinquent tax list, designating property previously sold for taxes, p. 549, § 3764. Delinquent taxes, marking property "sold to the state" on delinquent' tax list, p. 549, § 3771. Delinquent taxes, owner may pay on day of sale, p. 549, § 3771. Delinquent taxes, sale of property sold to state, for taxes, distribution of moneys received, p. 562, § 3898, subd. 1. Delinquent taxes, sale of property sold to state for taxes, duty of recorder and assessor on report of to, p. 562, § 3898, subd. 4. Delinquent taxes, sale of property sold to state for taxes, procedure, p. 560, § 3897. Delinquent taxes, sale of property sold to state for taxes, report of to assessor and recorder, p. 562, § 3898, subd. 3. Delinquent taxes, sale of property to state for taxes, rights where proceedings void, p. 562, § 3898, subd. 5. Delinquent (axes, sale of property to state, p. 549, § 3771. Delinquent taxes, sale to state, cancellation of tax sales, p. 551, § 3776. Delinquent taxes, sale to state, improvements not to be removed or timber cut, p. 549, § 3773. Delinquent taxes, sale to state, record of certificates of sale, provision as to repealed, p. 551, § 3777. Delinquent taxes, sale to state, record of sales by tax collector, p. 551, 5 3776 Delinquent taxes, sale to state, redemption, record of, p. 551, 5 3776. Delinquent taxes, sale where properly erroneously assessed, cancellation of certificate or deed, p. 558, § 3804a. Delinquent taxes, state lands sold to state for taxes. See Stale Tjands. Delinquent taxes, sale by state, distribution of prciceeds, p. 549, 5 .■!771. Delinquent taxes, sale by state, notice to party to whom land last assessed, p. 549, § 3771. 2590 INDEX. TAXATION (Continued). Delinquent taxes, sale by state of property that has not been redeemed, p. 549, § 3771. Delinquent taxes, sale by state, right of redemption after, p. 549, § 3771. Delinquent taxes, sale of property sold to state for taxes, deed to purchaser, form of, p. 562, § 3898, subd. 2. Delinquent taxes, sale of property sold to state, deed to purchaser, of what evi- dence, p. 562, § 3898, subd. 2. Delinquent tax list, tax collector to publish annually, p. 549, § 3764. Delinquent taxes, personal property, fees and mileage of sheriff for selling, p. 556, § 3793. Delinquent taxes, recording of and fees for, p. 551, § 3785. Erroneously collected taxes, to be refunded, p. 557, § 3804. Erroneously collected taxes, action for, who only can bring, p. 557, § 3804. Erroneously collected taxes, refunding of, procedure, p. 557, § 3804. Exemption of cemetery lauds from, p. 1020, Act 549. Exemption of funds of fraternal benefit society from, p. 944, Act 313, § 30. Exhibitions of products of counties, power of supervisors to levy tax for, p. 585, § 4056b. Fire, tax for protection against, supervisors may levy, p. 583, § 4041, subd. 40. Harbor improvements, tax for by cities, p. 1566, Act 2889e. High school district, limit on tax, p. 445, § 1755. Inheritance tax appraiser, act of 1909 authorizing controller to appoint repealed, p. 2129, Act 4034. Inheritance tax department, additional attorneys and clerks, p. 298, § 445. Inheritance tax department, attorneys for, appointment, duties, qualifications, residence, salary and expenses, p. 298, § 445. Inheritance tax department, clerk, appointment, duties, salary and expenses, p. 298, § 445. Inheritance lax department, duties of, p. 298, § 445. Inheritance tax department, establishment 'Of, p. 298, § 445. Inheritance tax department, maintained by and under direction of controller, p. 298, § 445. Inheritance taxes, act of 1913 relating to, p. 2130, Act 4035b. Inheritance taxes, repeal of acts of 1905 and 1911 relating to, p. 2129, Acts 4035, 4035a. Insurance corporations, taxation of for benefit of state, p. 2151, Act 4065. Levy and collection of for support of government for sixty-fifth and sixty-sixth fiscal years, p. 2187, Act 4067b. Levy and collection of, in cities except of first class, p. 2148, Act 4043. Lighting district, tax to support, p. 1235, Act 1466. Payment under protest, action for, judgment rendered for plaintiff when, p. 558, » § 3819. Payment under protest, action to recover, time to bring, p. 558, § 3819. Payment under protest, action to recover, who only may bring, p. 558, § 3819. Payment under protest, how made, p. 558, § 8819. Payment under protest, owner may make, p. 558, § 3819. Payment under protest, refunding taxes, settlement between county and state treasury, p. 558, § 3819. Personal property taxes, rate governing in collection of, p. 559, § 3823. Public service corporations, taxation of, p. 2151, Act 4065. Public service corporations, taxation of for benefit of state, p. 2151, Act 4065. INDEX. 2591 TAXATION (Continued). River banks, tax to protect, supervisors may levy, p. 583, § 4041, subd. 40. Road fund tax, power of supervisors to levy, p. 583, § 4041, subd. 38. Separation of state and county taxes, provision for carrying into effect, p. 2151, Act 4065. Sheriff and tax collector, consolidation of offices of, p. 571, § 4017. Supervisors of county authorized to levy taxes to exhibit products or encourage immigration or trade, p. 2130, § 4056b. Tax collector, payment of collections into treasury, p. 593, § 4101a. Taxpayer cannot enjoin sale of bonds for public improvements, p. 22, § 526a. Taxpayer, right of to enjoin waste of public money, p. 22, § 526a. University of California, provision for permanent support and improvement of, p. 2183, Act 4066. University of California, repeal of act providing tax for, p. 2183, Act 4066. University of California, support of. See University of California. TAX COLLECTOR. County officer, is, p. 570, § 4013. License collector, is, ex officio, p. 570, § 4013. Particular county, of. See particular county. TEAM INSURANCE COMPANIES. Capital stock required of, p. 309, § 594, subd. 16. What included in team insurance, p. 308, § 594, subd. 14. TEHAMA COUNTY. Assessor, deputies and salary of, p. 773, § 4266, subd. 7. Assessor, salary of, p. 773. § 4266, subd. 7. Auditor, salary of, p. 772, § 4266, subd. 4. Classification of, p. 569, § 4006. Constables, population of townships, how ascertained for purpose of fixing salaries, p. 774, § 4266, subd. 16. Constables, salaries, fees and expenses of, p. 774, § 4266, subd. 14. Coroner, fees of, p. 773, § 4266, subd. 9. County clerk, deputy, appointment and salary, p. 772, § 4206, subd. 1. County clerk, salary of, p. 772, § 4266, subd. 1. District attorney, salary of, p. 773, § 4266, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Highway connecting Trinity, Tehama and Shasta counties with road system of Humboldt counties, p. 1233, Act 14571. Jurors, grand, fees and mileage of, p. 774, § 4266, subd. 17. Jurors, trial, fees and mileage of, p. 774, §4266, subd. 17. Justices, population of townships, how ascertained for purpose of fixing salaries, p. 774, § 4266, subd. 16. Justices, salaries and fees of, p. 773, § 4206, subd. 13. Population of, p. 566, § 4005c. Public administrator, fees of, p. 773, § 4266, subd. 10. Recorder, deputy, salary of, p. 772, § 4266, subd. 3. Recorder, salary of, p. 772, § 4266, subd. 3. Registrar of voters, salary, fees, allowances, deptitios and assisfantR, pp. .'iOO, 601, § 4149e. Salaries payable out of treasury in monthly installments, p. 774, § 4266, subd. 18. 2592 INDEX. TEHAMA COUNTY (Continued). Sheriff, salary and mileage, p. 772, § 4266, subd. 2. Supervisors, expenses of, p. 774, § 4266, subd. 15. Superintendent of schools, deputy, appointment and salary, p. 773, § 4266, subd. 11. Superintendent of schools, salary and expenses of, p. 773, § 4266, subd. 11. Supervisors, salaries of, p. 774, § 4266, subd. 15. Surveyor, salary, expenses and allowances, p. 773, § 4266, subd. 12. Tax collector, deputy, appointment and salary, p. 772, § 4266, subd. 6. Tax collector, salary, p. 772, § 4266, subd. 6. Treasurer, salary of, p. 772, § 4266, subd. 5. TELEGRAPH COMPANIES. Rates of. See Public Utilities. Regulations under public utility law. See Public Utilities. TELEPHONE COMPANIES. Rates of. See Public Utilities. Regulations under public utility law. See Public Utilities. TENANT. See Landlord and Tenant. TENANTS IN COMMON. Partition. See Partition. TENEMENT HOUSES. Act of 1909 regulating building and occupancy of repealed, p. 2195, Act 4097. Act of 1911 regulating building and occupancy of and amendments of, p. 2195, Act 4098. TEXT-BOOKS. See Schools. TIDE LANDS. See Los Angeles City; Swamp and Overflowed Lands. Actions against state concerning authorized, p. 1962, Act 3797. Cities .luthorized to grant to United Slates, p. 1579, Act 2389h. Cities, grants of by to United States validated, p. 1579, Act 2389h. Grant of by state to city of Areata, p. 857, Act 222. Grant of by state to city of Berkeley, p. 948, Act 351. Grant of by state to city of Long Beach, p. 1399, Act 1974. Grant of by state to city of Los Angeles, p. 1400, Act 1991. Grant of by state to city of Oakland, p. 1608, Act 2533; p. 1610. Act 2534. Grant of by state to city of San Diego, p. 1899, Act 3158a. Grant of by state to city of South San Francisco, p. 1954, Act 3741. Grant of by state to city of Vallejo, p. 2256, Act 4269. Repeal of provision delining, p. 518, § 3444. Richmond, granting of to, p. 1864, Act 3019. TIME. Abandonment of condemnation proceedings, p. 70, § 1255a. Action to annul, modify or correct reclamation district assessment, p. 524, ? 3462. Action to recover taxes paid under protest, time to bring, p. 558, § 3819. Amendment to indictment or information, of, p. 239, § 1008. Appeal in criminal case, filing grounds of and application for, p. 249, § 1247. INDEX. 2593 TIME (Continued). Ajjpeal in probate proceedings, taking of, p. 89, § 1715. Appraisement of homestead., notice of time and place of hearing, time to serve, p. 157, § 1248. Appraisement of homestead, time to apply for on execution against, p. 157, § 1245. Attachment in justices' courts, time of issuance of, p. 39, § 866. Bequest, payment of, p. 86, § 1658. Bill of exceptions, proceedings in relation to. See Bills of Exceptions. Bill of exceptions, time to prepare and serve, p. 30, § 650. Bill of exceptions, time to prepare and serve amendments, p. 30, § 650. Bill of exceptions, time to present, p. 29, § 649; p. 30, § 650. Candidates, certificates of nomination, time of filing, p. 360, § 1192. Canvass of election returns, notice of place of making, p. 379, § 1280. Canvass of election returns, when to begin, p. 379, § 1280. Claims against' counties, filing of, p. 588, § 4076. Claims against counties, presentment and filing of, p. 588, § 4075, Claims against estate, presentation of, p. 78, § 1493. Claim against state, for allowance or rejection, p. 327, § 664. Claims against state, hearing, notice of time and place of, p. 328, § 669. Claims against state, time to present, p. 328, § 669. Condemnation proceedings, abandonment of, time of, p. 70. § r255a. Completion of building by owner, filing of notice of, p. 53, § 1187. Completion of building or cessation of labor under mechanics' lien law, time to file notice of, p. 53, § 1187. Criminal appeal, transcription of testimony, proceedings in relation to, p. 249 § 1247. Damages in condemnation proceedings, time at which assessed, p. 69, 5 1249. Damages in condemnation proceedings, time of payment of, p. 69, § 1251. Delinquent stock sale, extension of time of, p. 116, § 345. Development of works on appropriation of water for power, p. 163, § 1416. Election commissioner, protest against appointment for want of political affilia- tion, p. 340, § 1075. Elections, filing certificates of nomination, p. 360, § 1192. Election of officers, p. 571, § 4021. Election of school trustees, p. 410, § 1593, subds. first, third and fifth. Election of United Stales senators, p. 381, § 1332. Election, opening and closing of, p. 359, § 1160. Election under referendum, time of holding, p. 587, § 4008. Execution, time for which judge may stay, /^. 32, § 681a. Final distribution of estate, p. 87, § 1665. Findings, time of service of, p. 28, § 634. Homestead, appraisement of. proceedings for, p. 157, §§ 1245, 1248. Inventory by guardian, filing of, p. 92, § 1773. Judgment in criminal action, pronouncing, p. 244, § 1191. Justices' courts, entry of judgment in, p. 40, § 892. Justices' court, issuance of attachment in, p. 89, § 866. Lien of judgment in justice's court, duration of, p. 40, § 900, Mechanic's lien, action to enforce, p. 54, § 1190. Mechanic's lien, time of continuance of, p. 54, § 1190. Mechanic's lien, time of filing claim, p. 53, § 1187; p. 54, § 1191. Meetings, proxy, length of time for which valid, p. 115, § 321b. 163 2594 INDEX. TIME (Continued). Muster-roll, time of making, p. 456, § 1902. Notice of trial in justices' covirts, service of, p. 38, § 850. Notice to creditors, filing printed copy of, p. 78, § 1491a. Notice to insurance company of accident or injury, giving of, p. 179, § 2633a. Oath of office, time to take, p. 338, § 907. Ordinance, time of taking effect of, p. 558, § 4058. Overcharges, complaint to public utility commission of, filing of, p. 1784, Act 2886, § 71b. Overcharges by public utility, time to bring action for, p. 1784, Act 2886, § 71b. Partial distribution of estate, p. 86, § 1658. Rates fixed by public utility commission, time of going into effect, p. 1778, Act 2886, § 63b. Records of supervisors, publication of, p. 584, § 4049. Registration of electors, commencement and closing of, p. 344, § 1094. Return of temporary restraining order granted without notice, p. 22, § 527. Rules of court, time of taking effect, p. 8, § 130. Sample ballots, mailing of, p. 375, § 1210. Settlement ■with state treasurer or controller by county treasurer, extension of time for where school moneys misappropriated, p. 1055, Act 805. Tax deeds, time to issue, p. 551, §§ 3785, 3785b. Tax deed, time to make, p. 551, § 3785. Tax sale, time of, p. 551, § 3785. Testimony before grand jury, service of on defendant, p. 236, § 925. United States senator, declaration of vote for, p. 381, § 1336. TITLE. See McEnerney Act; Title Insurance Corporations. Admissibility of abstracts of title where records burnt or lost, p. 95, § 1855a. Deed executed under court process as evidence <)f transfer of title, p. 98, § 1928. TITLE INSURANCE CORPORATIONS. Action on policy, limitation of, p. 13, § 339. Capital stock required of, p. 309, § 594, subd. 16. Certificate of insurance commissioner necessary before issuing policies, p. 127, § 453y. Companies heretofore organized, right to do business on deposit of guarantee fund, p. 127, § 453y. Definition of policj' of title insurance, p. 125, § 453v. Departmental business as title insurance and trust company, company doing, provisions of law governing, p. 913, Act 297, § 107. Departmental business as title insurance and trust company, company doing, subject to inspection by superintendent of banks, p. 913, Act 297, § 107. Departmental business, title insurance company doing, compliance with provi- sions of statute, p. 912, Act 297, § 106. Dividends to be made from profits only, p. 125, § 453u. Guarantee fund, bonds secured by mortgages or deeds of trust, appraisement of property, p. 124, § 453t. Guarantee fund, bonds secured by mortgages or deeds of trust, abstracts of title in case of, p. 124, § 453t. Guarantee fund, bonds secured by mortgages or deeds of trust, examination of titles, p. 124, § 453t. Guarantee fund, exchange of securities for other securities, p. 124, § 453t. Guarantee fund, interest aid dividends on securities, p. 124, § 4531. INDEX. 2595 Title insurance CORPOEATIONS (Continued). Guarantee fund, power of state treasurer to transfer and dispose of, p. 124, § 453t. Guarantee fund, securities in which may be invested and approval of insurance commissioner, p. 124, § 453t. Guarantee fund, to be deposited with state treasurer, p. 124, § 453t. Inspection or supervision of by superintendent of banks not authorized, p. 915, Act 297, § 124. Insurance commissioner, power and authority over, p. 123, § 453s. Investments, capital and accumulations in what securities may be invested, p. 126, § 453x, subd. 2. Loans to officers, employees or members of family of, forbidden, p. 127, § 453z. Loans to officers, employees or members of family of, penalty for violation of provision against, p. 127, § 453z. May act as registrar or transfer agents of bonds or stocks, p. 125, § 453w. May guarantee identity, due execution and validity of notes, bonds and evi- dences of indebtedness, p. 125, § 453w. Plant, investment of portion of capital stock in, p. 124, § 453t. Plant regarded as an asset, p. 124, § 453t. Plant, valuation of, p. 124, § 453t. Subject to requirements of insurance laws, p. 123, § 453s; p. 126, § 453x, subd. 2. Subject to rules and regulations of insurance department, p. 123, § 453s; p. 126, § 453x, subd. 2. Surplus fund, amount, maintenance, impairment and restoration of, p. 125, § 453u. Surplus fund, setting aside of, p. 125, § 453u. Trust business, title insurance company doing, capital, amount required and increase of, p. 912, Act 297, § 106. Trust business, title insurance company doing, requirements, p. 912, Act 297, § 106. Trust company, acting as, surplus and accumulations, how may be invested, p. 126, § 453x, subd. 3. Trust company, conditions preliminary to acting as, p. 125, § 453x. Trust company, may act as, p. 126, § 453x. Trust company, subject to banking laws, rules and regulations when acting as, p. 126, § 453x, subd. 3. Trust department of, inspection and examination of, p. 915, Act 297, § 124. What deemed to be title insurance, p. 307, § 594, subd. 4, What included in title insurance, p. 307, § 594. TOBACCO. Posting act forbidding sale to persons under eighteen, p. 198, § 308. Secretary of state to furnish copies of act forbidding sale of tobacco to minors, p. 198, I 308. Selling to infants under eighteen, punishment of, p. 198, § 308. TOLL BRIDGES. See Bridges. TOLL ROADS. See Turnpikes. Licenses, power of supervisors to grant, p. 582, } 4041, subds. 35, 36. TOLLS. Wharves, on. See Wharves. 2596 INDEX. TOENADO INSURANCE COMPANIES. Capital stuck required of, p. 309, § 594, subd. 16, TORTS. By married women. See Married Women. TOWNS. See Municipal Corporations. TOWNSHIPS. Constables in. See Constables. Justices in. See Justices' Courts. Officers, additional offices created, when only appointed, p. 571, § 4014. Officers, additional, petition required before appointment by supervisors, p. 571, § 4014. Officers of, enumerated, p. 571, § 4014. Population of determined by federal census of 1910, p. 571, § 4014, TRADE. Unfair. See Unfair Competition. TRADEMARKS. Act of 1891 for protection of owners of bottles, kegs, etc., by filing of, repeal of, p. 2227, Act 4121. Act of 1911 for protection of owners of bottles, kegs, etc., by filing of, p. 2227, Act 4122. How recorded, p. 514, § 3197. Misrepresenting kind of labor employed in producing goods, punishment of, p. 201, § 349a. Original owner, who is, p. 514, § 3199. Protection of by courts, p. ^514, § 3199. Protection of owners of bottles, kegs, etc., by filing of, p. 2227, Acts 4121, 4122. Registration of farm, ranch or villa names, p. 1597, Act 2390a. Right to record, p. 514, § 3197. Transfer of, right of, p. 514, § 3199. TRANSPORTATION. See Railroad Commissioners. TREASURER, COUNTY. Attorney for collection of inheritance or transfer taxes paid out of commissions, p. 815, § 4290. Auditor's certificate required before receiving money, p. 593, § 4102. Collections by officers, accounts and settlements with treasurer, p. 593, § 4101a. Collections by officers, payments into treasury, manner of, p. 593, § 4101a. Commissions on inheritance and transfer taxes, p. 816, § 4290. Consolidation of offices of treasurer and recorder, p. 571, § 4017. Consolidation of offices of treasurer and tax collector, p. 571, § 4017. County officer, is, p. 570, § 4013. Debtors of county, payments by into treasury and discharge of debtors, p. 591, I 4093. Duties of enumerated, p. 592, § 4101. Expenses in making state settlements, allowance for, p. 815, § 4290. Inheritance and transfer taxes, attorney to collect to be paid out of fees of treasurer, p. 815, § 4290. INDEX. 2597 TEEASUREE, COUNTY (Continued). Inheritance and tiansfei" taxes collected, commissions on, p. 815, § 4290. Mileage and expenses in making settlements with state, p. 815, § 4290. Moneys due state for commitments to home for feeble-minded, duty as to, p. 482, § 2193. Moneys payable into county treasury include what moneys, p. 591, § 4093. Monthly count of money in treasury, p. 592, § 4097. Particular county, of. See particular title. Statements as to moneys in treasury, p. 592, § 4097. Time for settlement with state controller or state treasurer, extended where school moneys misappropriated, p. 1055, Act 805. TEEASXJEEE, STATE. Board of control, monthly count of money in treasury, p. 329, § 675. Board of control to notify treasurer not to pay warrant drawn by controller without authority, p. 329, § 673. Bonds bought with proceeds of school lands deposited with, p. 329, § 676. Bonds of treasurer and officers, amount of, p. 301, § 459a. Bonds of treasurer and of officers, state pays premium, p. 301, § 459a. Bonds to be sold by board of control, may purchase, p. 330, § 679. Deposit of state moneys in banks, p. 2231, Act 4134. Deposits with by trust companies, p. 908, Act 297, § 96. Deputies and assistants are civil executive officers, p. 301, § 456. Deputies and assistants enumerated, p. 301, § 456. Deputies and assistants, salaries of, amount of and when and how paid, p. 301, § 456. Donations, authorized to receive, p. 300, § 453a. Donations, to what fund credited, p. 300, § 453a. Duties of, enumerated, p. 299, § 452. High school fund, transfer of, p. 449, § 1760. Investment companies, deposit with by and withdrawal and substitution of, p. 320, § 635b; p. 321, § 635e; p. 322. § 635f; p. 322, § 635g; p. 324, § 635k. Investment company, noncompliance with statute by, treasurer to notify attor- ney general, p. 321, § 635d. Money drawn on pay-roll claims and returned, subsequent withdrawal of, ji. iiOii, 453a. Money of decedents in state treasury, investment of in bonds and dcjjosit with treasurer, p. 330, § 677. Notice to by public authorities of bonds for sale, p. 330, § 678. School fund, to transfer from general fund, p. 301, § 461. Time for settlement with by county treasurer extended where school moneys misappropriated, p. 1055, Act 805. Transfer of funds in state treasury to pay interest and principal^of state bonds, p. 1180, Act 1270. Transfer of funds in state treasury to ijay interest on diverled funds of Uni- versity of California, p. 1180, Act 1276. Trust funds, payment into treasury and disposilion of, p. 300, § 453a. TEEES. See Growing Trees. Shade trees, planting along streets and asse.sNing costs against owners, p. 1981, Act 3924. TEEE SQUIERELS. See Game Laws. 2598 Index. TRIALS. Criminal. See Criminal Practice. Notice of trial in justice's court. See Justices' Courts, Postponement of. See Continuance. TRINITY COUNTY. Assessor, fees and commissions to be paid into county treasury, p. 811, § 4284, subd. 5. Assessor, salary of, p. 811, | 4284, subd. 7. Auditor, salary of, p. 810, § 4284, subd. 4. Classification of, p. 570, § 4006. Constables, fees of, p. 811, § 4284, subd. 14. Coroner, fees of, p. 811, § 4284, subd. 9. County clerk, salary of, p. 810, § 4284, subd. 1. District attorney, salary of, p. 811, § 4284, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Highway connecting Trinity, Tehama and Shasta counties with road system of Humboldf county, p. 1233, Act 1457i. Jurors, grand, fees and mileage of and how allowed and paid, p. 811, § 4284, subd. 16. Jurors, trial, fees and mileage of and how allowed and paid, p. 811, § 4284, subd. 16. Justices, fees of, p. 811, § 4284, subd. 13. Population of, p. 566, § 4005c. Public administrator, fees of, p. 811, § 4284, subd. 10. Recorder, salary of, p. 810, § 4284, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, p. 601, § 4149e. Sheriff, salary of, p. 810, § 4284, subd. 2. Superintendent of schools, salary of, p. 811, § 4284, subd. 11. Supervisors, compensation and expenses as road commissioners, p. 811, § 4284, subd. 15. Supervisors, salary and mileage, p. 811, § 4284, subd. 15. Surveyor, fees of, p. 811, § 4284, subd. 12. Tax collector, salary of, p. 811, § 4284, subd. 6. Treasurer, fees to be paid into treasury, p. 810, § 4284, subd. 5. Treasurer, salary of, p. 810, § 4284, subd. 5. TROUT. See Game Laws. TRUST COMPANIES. See Banks and Banking. Acts and proceedings not affected by failure of company to comply with statute, p. 910, Act 297, § 97. Affidavits* what officers may make, p. 906, Act 297, § 90. Bond or security not required of, p. 907, Act 297, § 94. Capital stock required in cities of less than one hundred thousand, p. Ill, § 290a. Capital stock required in cities of more than one hundred thousand, p. Ill, § 290a. Commercial business, capital required where trust company does, p. 912, Act 297, § 106. Corporations doing banking arid trust business combined. See Banking and Trust Corporations. INDEX. 2599 TEUST COMPANIES (Oontinued) . Definition of, p. 862, Act 297, § 6. Departmental business as title insurance and trust company, company doing, provisions of law applicable, p. 913, Act 297, § 107. Departmental business as title insurance and trust company, company doing subject to inspection by superintendent of banks, p. 913, Act 297, § 107. Departmental business, trust company doing, compliance with provisions of statute, p. 912, Act 297, § 106. Deposit of trust funds with, under order of court and discharge from liability, p. 906, Act 297, § 91. Deposit of funds with, by public administrator under order of court and with- drawal of, p. 907, Act 297, § 92. Deposit with state treasurer of mortgages or deeds of trust, of abstracts of title or insurance policies to accompany, p. 910, Act 297, § 99. Deposit with state treasurer of mortgages or deeds of trusts, fees for examining title, p. 910, Act 297, § 99. Deposits with state treasurer to secure performance of trusts, p. 908, Act 297, § 96. Deposit with state treasurer to secure performance of trusts, additional where trusts loaned five hundred thousand dollars, p. 909, Act 297, § 98. Deposit with state treasury to secure performance of trusts, withdrawal per- mitted when, p. 909, Act 297, § 98. Discontinuance of business, proceedings, p. 912, Act 297, § 103. Foreign conditions on doing business, p. 862, Act 297, § 7. Foreign corporations, power to act as trustees, p. 906, Act 297, § 90. Funds may be invested in bonds of reclamation district, p. 534, § 3480. Guardian, appointment of trust company as applies only to estate and not to person, p. 906, Act 297, § 90. Interest on deposits with, p. 907, Act 297, § 95. Investment of capital and surplus, how made, p. 912, Act 297, § 105. Investment of funds of in bonds of irrigation districts, p. 1344, Act 1732b. Investments, liability for, p. 907, Act 297, § 94. Mortgage of building with state treasurer to secure performance of trusts, p. 909, Act 297, § 97. Oaths, how made, p. 906, Act 297, § 90. Officers or employees of, liability of on failure of trust companies to perform, p. 906, Act 297, § 90. Ordering deposit of funds with trust company by court and reduction of bonds, p. 907, Act 297, § 93. Paid-up capital required, provision as to repealed, p. 911, Act 297, § 100. Powers of, p. 905, Act 297, § 90. Report by to superintendent of banks, what to show, p. 911, Act 297, § 101. Secrecy of communications concerning private trusts, p. 912, Act 297, § 103. Setting aside of capital as security for performance of trusts, p. 906, Act 297, § 90. Title insurance company doing trust business. See Title Insurance Oonipnnies. Trust business, private, not sub.iect to inspection or supervision by giiporin tendent of banks, p. 915, Act 297. § 124. Trust departments of title insurance companies, inspection and examination of, p. 915, Act 297, § 124. "Trust," effect of use of word, provision as to repealed, p. 912, Act 207, § 104. Trusts classified as private trusts and court truRls, p. 911, Act 297, § 101. 2600 INDEX. TRUST COMPANIES (Continued). Trusts, court, defined, p. 911, Act 297, § 101. Trusts, court, subject to inspection by superintendent of banks, p. 911, Act 297, § 101. Trusts, private, defined, p. 911, Act 297, § 101. Trusts, private, not subject to inspection by superintendent of banks, p. 911, Acf 297, § 101. What corporations may act as, p. 904, Act 297, § 90. TRUSTEES. See Trusts. Reclamation district, of. See Reclamation Districts. Trustees, vacancies, superior court to fill when, p. 176, § 2287. TRUSTS. See Banking and Trust Corporations; Trust Companies. Appeal by trustee from justice's judgmeat, dispensing with bond, p. 42, § 946. Combinations by appropriators of waters for generation of electricity, preven- tion of, p. 2329, Act 4350. Deposits in banks in trust, p. 871, Act 297, § 16. Exprebs, for what purposes may be created, p. 151, § 857. Investment of trust funds, what legal. See Mortgage Insurance Corporations. Proxies, trustee may give, p. 115, § 321b. Shares of stock in name of trustee, how represented, p. 114, § 313. Trustees, beneficiaries may nominate, when, p. 176, § 2287. "Trust," prohibition as to use of word, provision repealed, p. 912, Act 297, § 104. Unfair competition. See Unfair Competition. Vacancy in trusteeship, beneficiary over fourteen may appoint trustee, p. 176, § 2287. Vacancy in trusteeship, superior court may appoint trustee, p. 176, § 2287. TUBERCULOSIS. See Animals; Public Healtli. TUBES. Under navigable streams and bodies of water, p. 2127, Act 3937d. TULARE COUNTY. Assessor, deputies and assistants, appointment, duties and salary, p. 675, § 4241, subd. 7. Assessor, salary of, p. 675, § 4241, subd. 7. Auditor, deputy, appointment and salary, p. 675, § 4241, subd. 4. Auditor, salary of, p. 675, § 4241, subd. 4. Classification of, p. 567, § 4006. Constables, monthly verified statements, duty to file and what to contain, p. 678, § 4241, subd. 15. Constables, salaries, fees, mileage and expenses of, p. 677, § 4241, subd. 14. Constables, supervisors determine population of townships for purpose of fixing salaries, p. 678, § 4241, subd. 16. Coroner, fees of, p. 676, § 4241, subd. 9. County clerk, deputy, salary of, p. 675, § 4241, subd. 1. County, salary, fees and alloj^'ances, p. 675, § 4241, subd. 1. District attorney, salary of, p. 676, § 4241, subd. 8. District attorney, stenographer, appointment and salary, p. 676, § 4241, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4l'49d. INDEX. 2601 TULARE COUNTY (Continued). Increase of number of superior judges in, p. 2232, Act 4182. Justices, montlily verified statements, duty to file and what to contain, p. 678, § 4241, subd. 15. Justices, salaries and fees of, p. 677, § 4241, subd. 13. Justices, supervisors determine population of townships for purjjose of fixing salaries, p. 678, § 4241, subd. 16. Population of, p. 565, § 4005c. Population of county for fixing of salaries, supervisors to determine, p. 678, § 4241, subd. 16. Probation officer, salary of, p. 678, § 4241, subd. 18. Public administrators, fees of, p. 676, § 4241, subd. 10. Recorder, deputy, salary of, p. 675, § 4241, subd. 3. Recorder, fees to be paid into county treasury, p. 675, § 4241, subd. 3. Recorder, salary, p. 675, § 4241, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 596, 601, § 4149e. Sheriff, fees not allowed to, p. 678, § 4241, subd. 18. Sheriff, salary and mileage, p. 675, § 4241, subd. 2. Superintendent of schools, deputy, appointment and salary of, p. 67G, § 4241, subd. 11. Superintendent of schools, salary and expenses of, p. 676, § 4241, subd. 11. Superior judges, increase of number of judges in, p. 2232, Act 4182. Supervisors determine population of townships for purpose of fixing salaries, p. 678, § 4241, subd. 16. Supervisors, salaries and expenses, p. 678, § 4241, subd. 17. Surveyor, compensation and expenses of, p. 676, § 4241, subd. 12. Surveyor, deputies, and assistants, appointment and salaries, p. 676, § 4241, subd. 12. Surveyor, duty to give entire time to office, p. 676, § 4241, subd. 12. Surveyor, fees earned in private practice, disposition of, p. 676, § 4241, suba. 12. Tax collector, deputy and clerks, salaries of, p. 675, § 4241, subd. 6. Tax collector, no fees for collecting licenses, p. 678, § 4241, subd. 18. Tax collector, salary of, p. 675, § 4241, subd. 6. Treasurer, salary of, p. 675, § 4241, subd. 5. TUNNELS. Supervisors authorized to pay part of construction out of general fund, when, p. 506, § 2712. Under navigable streams and bodies of water, p. 2127, Act 3937d. TUOLUMNE COUNTY. Assessor, deputy, appointment, term of office and oalary, p. 777, § 4208, subd. 7. Assessor, salary of, p. 777, § 4268, subd. 7. Auditor, salary of, p. 777, 5 4268, subd. 4. Classification of, p. 569, § 4006. Constables, classification of townships for purpose of fixing saluries, p. 777, § 4268, subd. 14. Constables, salaries, expenses and fees of, p. 778, § 4263, subd. 16. Coroner, salary of, p. 777, § 4268, subd. 9. County clerk, salary and allowances, p. 776, § 4208, subd. 1. District attorney, salary of, p. 777, § 4268, subd. 8. 2602 INDEX. TUOLUMNE COUNTY (Continued). Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage of, p. 778, § 4268, subd. 18. Jurors, trial, fees and mileage of, p. 778, § 4268. subd. 18. Justices, classification of townships for purpose of fixing salaries, p. 777, § 4268, subd. 14. Justices, salaries of, p. 778, § 4268, subd. 15. Official reporter, fees of. p. 778, § 4268, subd. 17. Population of, p. 566, § 4005c. Public administrator, fees of, p. 777, § 4268, subd. 10. Recorder, fees, what portion to pay into treasury and what may keep, p. 777, 5 4268, subd. 3. Recorder, salary of, p. 777, § 4268, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 599, 601, § 4149e. Sheriff, salary, fees, mileage, commissions and expenses, p. 776, § 4268, subd. 2. Superintendent of schools, salary and expenses of, p. 777, § 4268, subd. 11. Supervisors, salary and mileage of, p. 777, § 4268, subd. 13. Surveyor, fees of, p. 777, § 4268, subd. 12. Surveyor, to be given county work, p. 777, § 4268, subd. 12. * Tax collector, salary and percentage on licenses collected, p. 777, § 4268, subd. 6. Treasurer, salary of, p. 777, § 4268, subd. 5. Witnesses, disallowance of fees where unnecessarily summoned, p. 778, § 4268, subd. 19. Witnesses, fees and mileage of, p. 778, § 4268, subd. 19. TURKEYS. See Game Laws. TURLOCK IRRIGATION DISTRICT. Organization of validated, p. 1817, Act 1713. TURNPIKES. Authority to construct turnpike road in Lake county granted to John Lawley, p. 2233, Act 4203. u UNCLAIMED PROPERTY. Proceedings in case of, code provisions governing, p. 513, § 3158. UNFAIR COMPETITION. Act of 1913 relating to, p. 2233, Act 4207a. Attorney general, duty of in case of, p. 2233, Act 4207a. Punishment of and damages for, p. 2233, Act 4207a. What constitutes, p. 2233, Act 4207a. UNINCORPORATED ASSOCIATIONS. See Benefit Societies; Building and Loan Associations. Authorized to purchase and manage real estate, p. 2235 Act 4208. Authorized to receive, manage, purchase and sell really without incorporating, p. 2235, Act 4208. INDEX. 2603 UNITED STATES. Adjustment and settlement of controversy between United States and state over certain lands, p. 2237, Act 4218. Cession of land by state to United States for use of Soboda Indians, p. 2236, Act 4216. Condemnation of property of. See Eminent Domain. Conveyance to by state of lands erroneously patented to state, p. 2237, Act 4217. Grants of tide lands to by cities, p. 1579, Act 2389h. XJNITED STATES SENATOR. Act of 1909 providing for expressing choice for at primary elections repealed, p. 1122, Act 1013. Act of 1911 providing for expressing choice of senators at primary election repealed, p. 1083, Act 1009. Election of. See United States Senators. Expressing choice for United States senator at primary election, p. 1084, Act 1010. Notifying legislature of results where names of candidates on ballots and duty of officers, p. 2240, Act 4231. Placing names of candidates for on ballots and making returns, p. 2240, Act 4231. Printing names of candidates for on ballots, p. 362, § 1196. Repeal of act providing for placing names of candidates on ballots, p. 2240, Act 4231. tJNIVEESITY FARM. See University of California. UNIVERSITY OF CALIFORNIA. Admission of graduates to practice law without examination, p. 10, § 280b. Agricultural experiment station at Riverside, appropriation for, p. 2256, Act 4263g. Agricultural experiment station in Imperial county, appropriation for, p./0255, Act 4263f. Agricultural experiment station at Riverside, establishment of, p. 2256, Act 4263g. Agricultural experiment station in Imperial county, establishment of, p. 2255, Act 4263f. Appropriation for purchase of land and water rights in southern California and for planting land, p. 2254, Act 4263d. Appropriation for residence, barns and buildings in southern California for department of agriculture, p. 2255, Act 4263e. Cereal crops, investigation and experiments for improvement of by agricultural department, p. 842, Act 76. College of medicine of Los Angeles department, appropriation for construction, apparatus, etc., p. 2251, Act 425(Jb. Davis, university farm at, construction and equipment of dormitory at, p. 2252, Act 4261a. Davis, university farm at, construction of class room and library building, p. 2253, Act 4261b. Davis, university farm at, selling or giving nway li(|niir near, punisliincnt of, p. 193. Farmers' institutes, appropriation for, p. 2250, Act 4252a. Farmers' institutes, regents authorized to hold, p. 2250, Act 4252a, 2604 INDEX. UNIVERSITY OF CALIFORNIA (Continued). Fund for support of, creation of, p. 2183, Act 4066. Funds, transfer of funds in state treasury to paj- interest on diverted funds of, p. 1180, Act 1276. / Hog cholera, regents to prepare and distribute serums for prevention of, p. 851, Act 195. Income of, appropriation to restore, p. 2253, Act 4263a. Insecticides and fungicides, examination of by, p. 828, Act 48, § 3. Instruction of blind pupils in, p. 1924, Act 3574b. Intoxicating liquors, selling or giving away of within certain distance of, pun- ishment of, p. 193, § 172. Investigation of nature and means of control of diseases of cultivated plants, p. 842, Act 77. Laboratory for investigation of nature and control of diseases in plants, main- tenance of, p. 842, Act 77. Laboratory for use of department of agriculture, construction and equipment of in one of southern counties, p. 2253, Act 4263b. Lick Observatory, appropriation to replace property destroyed by earthquake at, p. 2254, Act 4263c. Military duty, failure of head of to report pupils subject to a misdemeanor, p. 456, § 1898. Military-roll, compensation for making, p. 456, § 1901. Report of pupils subject to military duty, p. 455, § 1897. State hygienic laboratory at. See State Board of Health. Support and maintenance of, act of 1901 providing for repealed, p. 2249, Act 4245. Support and maintenance of, act of 1913 providing for, p. 2249, Act 4245a. Support and maintenance of, provision for, p. 2183, Act 4066. Tax for permanent support and improvement of, act providing for repealed, p. 2249, Act 4244. Tax for support of, repeal of act providing for, p. 2183, Act 4066. Temporary certificates, issuance of to graduates of, p. 398, § 1543, subd. 7. Viticulture, experiment and research work in and publication of results, p. 2262, Act 4308. UNIVERSITY OF SANTA CLARA. Admission of graduates to practice law without examination, p. 10, § 280b. UNIVERSITY OF SOUTHERN CALIFORNIA. Admission of graduates to practice law without examination, p. 10, § 280b. USURY. See Interest. UTILITIES. See Public Utilities. V VACCINATION. Provision for vaccination of all school children, p. 1716, Act 2840a. Repeal of act of 1889 relating to, pp. 1715, 1716, Acts 2840, 2840a, VAGRANCY. Punishment of, p. 230, § 647. Who are vagrants, p. 230, § 647. INDEX. 2G05 VALLEJO. Waterfront, conveyance of to, p. 2256, Act 4269. VEHICLE INSURANCE COMPANIES. Capital stock required of, p. 309, § 594, subd. 16. What included in vehicle insurance, p. 308, § 594, subd. 13. VENDOR AND VENDEE. Death of vendor before conveyance, completion of sale by guardian of minor, p. 93, § 1810a. llaps of subdivisions. See Maps. VENTURA COUNTY. Assessor, commissions to be paid into county treasury, p. 751, § 4259, subd. 6. Assessor, deputies, number, and salaries, p. 751, § 4259, subd. 6. Assessor, salary of, p. 751, § 4259, subd. G. Auditor, salary of, p. 751, § 4259, subd. 4. Board of education, compensation and mileage of members of, p. 752, § 4259, subd. 13. Classification of, p. 568, § 4006. Constables, classifications of townships for purpose of regulating salaries of, p. 753, § 4259, subd. 15. Constables, population, how ascertained for purpose of fixing salaries, p. 753, § 4259, subd. 16. Constables, salaries, fees and expenses of, p. 753, § 4259, subd. 15. Coroner, fees of, p. 752, § 4259, subd. 9. County clerk, deputies, appointment and salaries, p. 750, § 4259, subd. 1. County clerk, salary and allowances, p. 750, § 4259, subd. 1. District attorney, deputy, appointment and salary, p. 751, § 4259, subd. 8. District attorney, salary of, p. 751, § 4259, subd. 8. Fish and game warden, salary and expenses of and how paid, p. 594, § 4149d. Jurors, grand, fees and mileage, p. 754, § 4259, subd. 19. Justices, classification of townships for purpose of fi.xing salary, p. 753, § 4259, subd. 14. Justices, monthly report of fines, filing of, p. 753, | 4259, subd. 14. Justices not to hold office of recorder, p. 753, § 4259, subd. 14. Justices, offices and supplies for, p. 753, § 4259, subd. 14. Justices, population, how ascertained for purpose of fi.xing salary, p. 753, § 4259, subd. 16. Justices, salaries, p. 753, § 4259, subd. 14. Population of, p. 566, § 4005c. Public administrator, fees of, p. 752, § 4259, subd. 10. Recorder, copyist, appointment and salary, p. 751, § 4259, subd. 3, Recorder, salary of, p. 751, § 4259, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 598, 601, § 4149e. Salaries payable monthly, p. 754, § 4259, subd. 18. Sheriff, deputies and assistants, appointment, salaries, mileage and expenses, p. 750, § 4259, subd. 2. Sheriff, fees to be paid into county, p. 750, § 4259, subd. 2. Sheriff, salary, mileage and expenses of, p. 750, § 4259, subd. 2. Special counsel, power of supervisors to employ, p. 751, § 4259, subd. 8. ,' 2606 INDEX. VENTURA COUNTY (CoiUiiiued). Superintendent of scliools, deputy, appoininient and salary, p. 752, § 4259, subd. 11. Superintendent of schools, office hours, p. 752, § 425P, subd. 11. Superintendent of schools, salary, allowances and expenses of, p. 752, § 4259, subd. 11.' Supervisors, salary, expenses and mileage, p. 753, § 4259, subd. 17, Surveyor, additional help for, p. 752, § 4259, subd. 12. Surveyor, salary and e.xpenses of, p. 752, § 4259, subd. 12. Surveyor to devote entire time to office, p. 752, § 4259, subd. 12. Tax collector, deputy, appointment and salary, p. 751, § 4259, subd. 5. Tax collector, salary of, p. 751, § 4259, subd. 5. Treasurer, commissions to be paid into county treasury, p. 751, § 4259, subd. 7. Treasurer, salary of, p. 751, § 4259, subd. 7. VENUE. Actions by public utility commission, of, p. 1786, Act 2886, § 75. Change of, code provisions applying in suits in condemnation, p. 66, § 1243. Dismissal for nonpayment of fees after trial. See Place of Trial. Place of trial of civil actions, p. 16, § 395. Proceedings in eminent domain, p. 66, § 1243. Public utility commission, action by for penalties, of, p. 1788, Act 2886, § 80. Where person improperly joined as a defendant, p. 16, § 395. VERIFICATION. Claim of mechanic's lien, of, p. 53, § 1187. Claims against counties, verification of, p. 588, § 4075. Claims for aid by orphan asylum, p. 485, § 2287. Cross-complaint in divorce, of, p. 106, § 128. Notice of completion of building under mechanic's lien law, of, p. 53, § 1187. Petition for appraisement of homestead must be verified, p. 157, § 1246. Petition for formation of reclamation district, of, p. 519, § 3447. VESSELS. See Shipping. VETERANS. See Grand Army of the Republic; Soldiers and Sailors; Veterans' Home. Celebration of fiftieth anniversary of battle of Gettysburg, p. 1200, Act 1353. VETERANS' HOME. Disposition of moneys received, p. 2259, Act 4283. Intoxicating liquor, selling or giving away of near, punishment of, p. 193, § 172. VETERINARY StTRGEON. Fees collected, disposition of, p. 2261, Act 4294. Inspectors, appropriation for salaries of inspectors, p. 2261, Act 4295. Inspectors, authority to employ, p. 2261, Act 4295. Inspectors, for what purpose may be appointed, p. 2261, Act 4295. Inspectors, salary and expenses of, p. 2261, Act 4295. Lien of veterinary proprietors or surgeons for services, p. 183, § 3051, VITICULTURE. Division of state into viticultural districts, p. 2263, Act 4309. INDEX. 2607 VITICULTURE (Continued). Experiment and research work in and publication of results, p. 2262, Act 4308. Experiment and research work in, appropriation for, p. 22G2, Act 4308. Viticultural commissioners, board of, creation of and appointment of, p. 2263, Act 4309. Viticultural commissioners, board of, officers of, p. 2263, Act 4309. Viticultural commissioners, powers and duties of, p. 2263, Act 4309. VOLUNTARY ASSOCIATIONS. See Benefit Societies. VOTERS. See Elections. VROOMAN ACT. See Streets. w WAGERS. See Gambling. WAGES. See Master and Servant. WAIVER. Findings, of. See Findings. WARDENS. See Reformatories; State Prisons. Fish and game. See Game Laws. Port wardens. See Port Wardens. State prison, at. See State Prison. WARDS. See Guardian and Ward. WAREHOUSES. Refrigeration warehouses, regulation of, p. 1040, Act 624. WARRANTS. For claims against state. See Board^f Control; Controller. WASTE. Public money or property, right to enjoin waste of by officer, p. 22, § 526a. WATER COMMISSION. Actions to quiet title to water rights, p. 2266, Act 4340. Appointment and compensation of employees and assistants to, p. 2333, Act 4368c. Appointment of members, p. 2266, Act 4340. Appropriation, length of time, conditions of and fees, p. 2266, Act 4340. Appropriation of waters, regulation of, p. 2266, Act 4340. Ascertainment and adjudication of water rights, p. 2266. Act 4340. Cities, counties, municipal water districts, irrigation districts and lighting dis- tricts exempt from provisions of act relating to waters, p. 2266, Act 4340. Claimants, possessors or users of waters, duties of, p. 2206, Act 4340. Compensation of members, p. 2266, Act 4340. Construction of act creating, p. 2266, Act 4340. Construction of act creating, effect of declaring provisions unconstitutional, p. 2266, Act 4340. Co-operation of courts with, p. 2266, Act 4340. 2608 INDEX. WATER COMMISSION (Continued). Counties exempt from provisions of act relating to waters, p. 2266, Act 4340. Creation of, p. 2266, Act 4340; p. 2333, Act 4368c. Expenses of, payment of, p. 2266, Act 4340. Forfeiture of water rights, p. 2266, Act 4340. Judicial notice of acts, p. 2266, Act 4340. Nonapplication of water, effect of, p. 2266, Act 4340. Place of business of, p. 2333, Act 436Sc. Powers, duties and authority, p. 2266, Act 4340. Powers, duties and compensation of, p. 2333, Act 4368c. Removal of, p. 2266, Act 4340. Reports of power companies to, p. 2333, Act 4368c. Term of office, p. 2266, Act 4340. Title of act creating, p. 2266, Act 4340. Unappropriated water, what is, p. 2266, Act 4340. Utilization of water to full capacity of stream, p. 2266, Act 4340. Vacancies, filling, p. 2266, Act 4340. What waters may be appropriated, p. 2266, Act 4340. Witnesses before, duties of, p. 2266, Act 4340. WATER COMPANIES. See Public Utilities. Powers and duties, p. 2288, Act 4348a. Regulation of, p. 2288, Act 4348a. Sanitary water systems, installation of, p. 2291, Act 4348b. Subjecting to railroad commission and public utilities act, p. 2288, Act 4348a. Supplying water dangerous to health for domestic purposes, prevention of, p. 2291, Act 4348b. WATER DISTRICTS. C9unty, acquisition of property by and construction of waterworks, p. 2293. Act 4349. County, distribution and sale of water by, p. 2293, Act 4349. County, incorporation, organization and management of, p. 2293, Act 4349. Incorporation, organization and management of municipal water districts, p. 1580, Act 2390. Organization of by supervisors on petition of land owners, provision relating to, p. 2308, Act 4349a. WATERFRONT. Grant of to various cities. See Tide Lands. WATERING RESORTS. Duty of keepers to provide for safety of bathers, p. 2344, Act 4369a. WATERS. See Irrigation; Levee Districts; Overflow Districts; Protection Dis tricts; Reclamation Districts. Appropriation and use of waters flowing out of state, p. 162, § 1410a. Appropriation by cities, confirmation of, p. 163, § 1416. Appropriation by city, work to be done in case of, p. 163, § 1416. Appropriation, commencement and completion of work, p. 163, § 1416. Appropriation for generation of power, act of 1913 regulating and limiting, p. 2333, Act 4368c. I INDEX. 2609 WATERS (Continued). Appropriation for generation of power, limit on time for which may be acquired, p. 162, § 1410. Appropriation for generation of power, repeal of act of 1911 relating to, p. 2329, Act 4350. Appropriation for generation of power, time for development of works, p. 163, § 1416. Appropriation, length of time, condition of and fees, p. 2266, Act 4340. Appropriation, regulation of, p. 2266, Act 4340. Appropriation, right to acquire use of by, p. 163, § 1410. Appropriation, what waters may be appropriated, p. 2266, Act 4340. Canalization of rivers, duty of governor and department of engineering, p. 2331, Act 4368a. Canalization of rivers, investigation into practicability of, p. 2331, Act 4368a. CanaMzation of rivers, investigation into practicability of, appropriation for, p. 2331, Act 4368a. , City, sale of e.xcess of water owned by, pp. 1529, 1530, Acts 2363, 2363a. Claimants, possessors or users of waters, duties of, p. 2266, Act 4340. Condemnation of, rules governing award of damages, p. 67, § 1248. Deposit of sewage in waters, regulation of, p. 1707, Act 2830. Duty of company condemning to furnish water for irrigation, p. 1347, Act 1732c. Enjoining diversion or use of. See Injunctions. Forfeiture of water rights, p. 2266, Act 4340. Garbage, rubbish, etc., depositing in navigable streams, punishment of, p. 203, § 374a. Injunction against diversion. See Injunctions. Innavigable streams, power to declare highways for fishing, p. 591, § 4085%. Lakes. See Lakes. Minerals, extraction of from waters, regulation of, p. 1491, Acts 2231, 2232. Municipal corporations, authority of as to. See Municipal Corporations. Municipal water districts, incorporation, organization and management of, p. 1580, Act 2390. Navigable, what waters and streams are, p. 497, § 2349. Nonapplication of water, effect of, p. 2266, Act 4340. Overflow districts. See Overflow Districts. Pacific Ocean. See Pacific Ocean. Piping or diverting into another state, prevention of, p. 2330, Act 4351. Power of supervisors to declare innavigable streams highways for fishing, p. 591, § 4085%. Property of people, all water or use of water is, p. 163, § 1410. Rivers, particular river. See particular title. Storm-water districts. See Storm-water Districts. Subways under navigable waters, provision for, p. 2127, Act 3937d. Tax to protect river banks, supervisors may levy, p. 583, § 4041, siilxl. 40. Tide lands. .See Tide Lands. Tubes, tunnels or subways under navigable streams or bodies of water, p. 2127, Act 3937d. Tubes under navigable waters, provision for, p. 2127, Act 3937d. Tunnels under, provisions concerning, p. 2127, Act 3937d. Unappropriated, what water is, p. 226G, Act 4340. Utilization of water to full capacity of stream, p. 2266, Act 4340. ' 164 2610 INDEX. WATERS (Continued). Water commission. See Water Commission. Water companies. See Water Companies. Water districts. See Water Districts. Watering resorts, duty of keepers to provide for safety of bathers, p. 2344, Act 4369a. WATERWORKS. See Water Districts. WEAPONS. Bringing into jail, state prison or reformatory a felony, p. 193, § 171a. WEIGHTS AND MEASURES. County sealer of weights and measures, appointment, powers and duti«8, p. 2344, Act 4384. Regulation of, act of 1911 providing for, p. 2344, Act 4384. Regulation of, act of 1913 providing for, p. 2352, Act 4385. Sealer of is county officer, p. 570, § 4013. State sealer of, deputies, p. 2352, Act 4385. State superintendent of, creation of office and appointment, p. 2352, Act 4385. State superintendent of, powers and duties, p. 2352, Act' 4385. WHARVES. Supervisors may grant authority to construct with right to take tolls, p. 509, I 2906. WHITTIER STATE SCHOOL. How far superseded, p. 2364, Act 4408. Transfer of inmates, p. 1685, Act 2758. WILLS. Allowing and recording of wills proved in other states, p. 73, § 1322. Executed in sister state or foreign country, allowing and recording of, p. 73, § 1322. Distribution of estate. See Estates of Decedents. Payment of bequest after four months, provision for, p. 86, §§ 1658, 1661, Probate proceedings. See Estates of Decedents. Tenancy at will, how terminated, p. 150, § 789. WILMINGTON. Repeal of act providing for pilots for, p. 1663, Act 2672. WILSON SNIPE. See Game Laws. WINDSTORM INSURANCE COMPANIES. Capital stock required of, p. 309, § 594, subd. 16. WINES. See Adulteration; Intoxicating Liquors; Viticulture. Experimental and research work in viticulture. See Viticulture. WITNESSES. See Privileged Communications. Board of -control compelling attendance of before, p. 325, § 659. Board of control may issue subpoenas, p. 325, § 659. Defendant in criminal action, right to be confronted with, p. 232, § 686. INDEX. 2611 WITNESSES (Continued). Husl>and or wife, competency of as witnesses in criminal actions, p. 251, § 1322. Legislature, before. See Legislature. Prisoner as, discretion of court as to ordering attendance, p. 252, § 1333. Prisoner as, proceedings in obtaining attendance, p. 252, § 1333. Privileged communications. See Privileged Communications. Privilege of, objection to testfying by witness, what sufficient, p. 251, § 1324. Privilege of, testimony given by witness may be used against him if privilege not claimed, p. 251, § 1324. Privilege of, testimony given by witness not to be used against him except for perjury on criminal prosecution, p. 251, § 1324. Privilege of, witness deemed to have claimed privilege unless code section read to him, p. 251, § 1324. Privilege of, witness not excused from testifying because party to crime, p. 251, § 1324. Public utility commission, before. See Public Utilities, II. WORKMEN'S COMPENSATION. Act of 1911 repealed, p. 1415, Act 2144. Act of 1913 regulating, p. 1415, Act 2144a. WORKMEN'S COMPENSATION INSURANCE COMPANIES. Organization and management of, p. 1296, Act 1672h. WRITS. Constable of township to serve when, p. 603, § 4189. Issuance of in justices' courts in townships of two hundred and fifty thousand and over, p. 4, § 101. Y YOLO COUNTY. Assessor, salary and expenses of, p. 766, S 4264, subd. 7. Auditor, salary of, p. 766, § 4264, subd. 4. Classification of, p. 568, § 4006. Constables, ascertaining population of townships for purpose of determining compensation, p. 767, § 4264, subd. 14. Constables, compensation where more than one in same township, p. 767, § 4264, subd. 14. Constables, salaries and fees of, p. 767, § 4264, subd. 14. Coroner, fees of, p. 766, § 4264, subd. 9. County clerk, salary and allowance, p. 766, § 4264, subd. 1. District attorney, salary of, p. 766, § 4264, subd. 8. Fish and game warden, salary and expenses and how paid, p. 504, § 4149d. Jurors, grand, fees and mileage, p. 768, § 4264a. Jurors, trial, fees and mileage, p. 768, § 4264a. Justices, ascertaining population of lowiiships for purpose of determining salaries, p. 767, § 4264, subd. 14. Justices, compensation where more than one in same township, p. 767, § 4264, subd. 13. Justices, fines, payment into treasury, p. 767, § 4204, subd. 13. .Tustices, salaries and fees, p. 767, § 4264, subd. 13. Population of, p. 566, } 4005c y 2612 INDEX. YOLO COUNTY (Continued). Public administrator, fees of, p. 766, § 4264, subd. 10. Reeorder, salary of, p. 766, § 4264, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 599, 601. § 4149e. Sheriff, salary of, p. 766, § 4264, subd. 2. Superintendent of schools, salary and expenses, p. 766, § 4264, subd. 11. Supervisors, salary of, p. 768, § 4264, subd. 15. Surveyor, county work, amount of required, p. 767, § 4264, subd. 12. Surveyor, salary and allowances, p. 767, § 4264, subd. 12. Tax collector, salary of, p. 766, § 4264, subd. 6. Treasurer, salary of, p. 766, § 4264. subd. 5. YUBA COUNTY. Assessor, deputy, appointment and salary, p. 775, § 4267, subd. 7. Assessor, salary of, p. 775, § 4267, subd. 7. Auditor, salary of, p. 775, § 4267, subd. 4. Classification of, p. 569, § 4006. Constables, population of townships, how ascertained for purpose of fixing salaries of, p. 776, § 4267, subd. 13. Constables, salaries, fees and expenses of, p. 776, § 4267, subd. 13. Coroner, salary and expenses of, p. 775, § 4267, subd. 9. County clerk, deputy, appointment and salary, p. 775, § 4267, subd. 1. County clerk, salary of, p. 775, § 4267, subd. 1. District attorney, salary of, p. 775, § 4267, subd. 8. Fish and game warden, salary and expenses and how paid, p. 594, § 4149d. Justices, population of townships, how ascertained for purpose of fixing sal- aries, p. 776, § 4267, subd. 13. Justices, salaries and fees of, p. 776, § 4267, subd. 13. Population of, p. 566, § 4005c. Public administrator, fees of, p. 775, § 4267, subd. 10. Recorder, deputy, appointment and salary, p. 775, § 4267, subd. 3. Recorder, salary of, p. 775, § 4267, subd. 3. Registrar of voters, salary, fees, allowances, deputies and assistants, pp. 599, 601, § 4149e. Sheriff, salary and expenses of, p. 775, § 4267, subd. 2. Superintendent of schools, salary and expenses of, p. 775, § 4267, subd. 11. Supervisors, mileage as road overseer, p. 776, § 4267, subd. 14. Supervisors, salary of, p. 776, § 4267, subd. 14. Surveyor, salary and expanses of, p. 775, § 4267, subd. 12. Tax collector, salary of, p. 775, § 4267, subd. 6. Treasurer, salary of, p. 775, § 4267, subd. 5. 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